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Sexual Harassment and Violence Policy
Policy and Procedure
Sexual harassment and violence are impermissible behaviors which have no place in a learning or work environment and shall not be tolerated.
If after reading this page, you feel you have a complaint, you may fill out the complaint form here.
Part 1. Definition:
Subpart A. Sexual Harassment
A form of sex discrimination which is prohibited by state and federal law. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education, evaluation of a student’s academic performance, or term or condition of participation in student activities or in other events or activities sanctioned by the college or university; or
- Submission to such rejection of such conduct by an individual is used as the basis for employment or academic decisions or other decisions about participation in student activities or other events or activities sanctioned by the college or university; or
- Such conduct has the purpose or effect of threatening an individual’s employment; interfering with an individual’s work or academic performance; or creating an intimidating, hostile, or offensive work or education environment. Sexual harassment may occur in a variety of relationships, including faculty and student, supervisor and employee, student to student, employee to employee, and other various others. Sexual harassment may occur when it is directed at members of the opposite gender or when it is directed at members of the same gender. It includes but is not limited to:
- unwelcome verbal harassment or abuse;
- unwelcome pressure for sexual activity;
- unwelcome sexuality motivated, or inappropriate patting, pinching or any contact, other than necessary restraint of student(s) by faculty, administrators, or other institution personnel to avoid physical harm to persons or property;
- unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or over promises of preferential treatment with regard to an individual’s employment or educational status;
- unwelcome behavior or words directed at an individual because of gender.
Part 2. Definition:
Subpart A. Sexual violence. Sexual violence includes a continuum of conduct that includes sexual assault, and non-forcible sex acts, dating and relationship violence, stalking, as well as aiding acts of sexual violence.
Subpart B. Sexual assault. “Sexual assault” means an actual, attempted, or threatened sexual act with another person without that person’s consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under Minnesota State Colleges and Universities student conduct codes and employee disciplinary standards. Sexual assault includes but is not limited to:
- Involvement without consent in any sexual act in which there is force, expressed or implied, or use of duress or deception upon the victim. Forced sexual intercourse is included in this definition, as are the acts commonly referred to as “date rape” or “acquaintance rape.” This definition also includes the coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another.
- Involvement in any sexual act when the victim is unable to give consent. Intentional and unwelcome touching, or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast).
- Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.
Subpart C. Dating and relationship violence. Dating and relationship violence includes physical harm or abuse, and threats of physical harm or abuse, arising out of a personal intimate relationship. This violence also may be called domestic abuse or spousal/partner abuse and may be subject to criminal prosecution under Minnesota state law.
Subpart D. Stalking. Stalking is conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress.
Subpart E. Consent. Consent is informed, freely given and mutually understood. If coercion, intimidation, threats, and/or physical force are used, there is no consent. If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Silence does not necessarily constitute consent, and past consent of sexual activities does not imply ongoing future consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.
Subpart F. Non-forcible sex acts. Non-forcible acts include unlawful sexual acts where consent is not relevant, such as sexual contact with an individual under the statutory age of consent, as defined by Minnesota law, or between persons who are related to each other within degrees wherein marriage is prohibited by law.
Subpart G. System property. “System property” means the facilities and land owned, leased, or under the primary control of Minnesota State Colleges and Universities, its Board of Trustees, system office, colleges and universities.
Subpart H. Employee. “Employee” means any individual employed by Minnesota State Colleges and Universities, its colleges and universities and system office, including student workers.
Subpart I. Student. The term “student” includes all persons who:
- Are enrolled in one or more courses, either credit or non-credit, through a college or university;
- Withdraw, transfer or graduate, after an alleged violation of the student conduct code;
- Are not officially enrolled for a particular term but who have a continuing relationship with the college or university; or
- Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; or
- Are not college or university employees and are not enrolled in the institution but live in a college or university residence hall.
For purposes of the SaVE Act, domestic violence, dating violence, and stalking have the following definitions:
- Domestic Violence “includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdictions. 42 U.S.C.
Subpart C. Sexual Harassment and Violence as Sexual Abuse
Under certain circumstances, sexual harassment or violence may constitute sexual abuse according to Minnesota law. In such situations, the system office and colleges and universities shall comply with the reporting requirements in M.S. Section 626.556 (Vulnerable Adult Protection Act). Nothing in this policy will prohibit the system office or any college or university from taking immediate action to protect victims of alleged sexual abuse.
- -Safe Haven Shelter for Battered Women of Duluth, (218) 728–6481/(877) 880–3094 (crisis line) or (218) 623–1000 (resource center)
- -WINDOW Victims’ Services of Pine and Kanabec Counties (320) 384–7113/(800) 644–0003 (crisis line) or (320) 384–7996 (resource center)
- -Minnesota Domestic Violence Crisis Line (866) 223–1111
- -National Domestic Violence Hotline, (800) 799–SAFE (7233)
- -United Way 24-hour Referral Line, 2–1–1