Procedure 1B.3/11 Sexual Violence

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Procedure 1B.3/11 Sexual Violence

Part 1. Purpose

This procedure provides a process through which individuals alleging sexual violence may pursue a complaint, pursuant to Anoka-Ramsey Community College Policy 1B.3 Sexual Violence prohibiting sexual violence.

This procedure is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation and reprisal.

Part 2. Definitions

The definitions in Policy 1B.3 also apply to this procedure.

Campus Security Authority

Campus Security Authority includes the following categories of individuals at Anoka-Ramsey Community College: 

  1. Anoka-Ramsey Community College Security Department;
  2. Any individual who has campus security responsibilities in addition to the Security Department;
  3. Any individual or organization identified in an Anoka-Ramsey Community College security policy as an individual or organization to which students and employees should report criminal offenses;
  4. An official of Anoka-Ramsey Community College who has significant responsibility for student and campus activities including, but not limited to, student housing, student discipline, and campus judicial proceedings; advisors to recognized student organizations; and athletic coaches. Professional counselors, whose official responsibilities include providing mental health counseling, and who are functioning within the scope of their license or certification, are not included in this definition.

Part 3. Reporting Incidents of Sexual Violence

Subpart A. Prompt Reporting Encouraged

Complainants of sexual violence may report incidents at any time, but are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding.

Complainants are strongly encouraged to report incidents of sexual violence to law enforcement for the location where the incident occurred. Complainants are also encouraged to contact the local victim/survivor services office, counseling and health care providers, campus Title IX coordinators, or ARCC Campus Security authorities for appropriate action.

Subpart B. Assistance in Reporting

When informed of an alleged incident of sexual violence, all ARCC students and employees are urged to encourage and assist complainants, as needed to report the incident to local law enforcement, local victim/survivor services, campus Title IX coordinator, or campus security authorities.

Campus security authorities, when informed of an alleged incident of sexual violence, shall promptly assist the complainant, as requested, including providing guidance in filing complaints with outside agencies, such as law enforcement; obtaining appropriate assistance from victim/survivor services or medical treatment professionals; and filing a complaint with campus officials responsible for enforcing the student conduct code or employee conduct standards.

When appropriate, Anoka-Ramsey Community College may pursue legal action against a respondent, including, but not limited to, trespass or restraining orders, in addition to disciplinary action under the applicable student or employee conduct standard. Anoka-Ramsey Community College may take actions it deems necessary or appropriate in response to all protection, restraining, or no-contact orders.

Part 4. Confidentiality of Reporting

Subpart A. Confidential Reports

Because of laws concerning government data contained in Minn. Stat. 13 Government Data Practices, ARCC cannot guarantee confidentiality to those who report incidents of sexual violence except where those reports are privileged communications with licensed healthcare professionals. Some off-campus reports also may be legally privileged by law, such as reports to clergy, private legal counsel, or healthcare professionals.

Subpart B. Reports to Campus Security Authorities

Complainants of sexual violence may contact any campus security authority for appropriate assistance or to report incidents. Absolute confidentiality of reports made to campus security authorities cannot be promised. However, campus security authorities shall not disclose personally identifiable information about a complainant of sexual violence without the complainant’s consent, except as may be required or permitted by law. There may be instances in which Anoka-Ramsey Community College or Minnesota State determines it needs to act regardless of whether the parties have reached a personal resolution or if the complainant request that no action be taken. In such instances, Anoka-Ramsey Community College will investigate and take appropriate action, taking care to protect the identity of the complainant and any other reporter in accordance with this procedure.

Subpart C. Required Reports

Any campus security authority or any Anoka-Ramsey Community College employee with supervisory or student-advising responsibility who has been informed of an alleged incident of sexual violence shall follow Anoka-Ramsey Community College procedures for making a report for the annual crime statistics report. In addition, the campus security authority shall report to other school officials, as appropriate, such as the campus affirmative action office, the campus office responsible for administering the student conduct code, and/or the designated Title IX compliance coordinator, in order to initiate any applicable investigative or other resolution procedures.

Campus security authorities may be obligated to report to law enforcement the fact that a sexual assault has occurred, but the name of or other personally identifiable information about the complainant will be provided only with the consent of the complainant, except as may be required or permitted by law.

Part 5. Policy Notices

Subpart A. Distribution of Policy to Students

Anoka-Ramsey Community College shall, at a minimum, at the time of registration make available to each student information about its sexual violence policy and procedure, including its online reporting system that allows for anonymous reporting, and shall additionally post a copy of its policy and procedure at appropriate locations on campus at all times. Anoka-Ramsey Community College may distribute its policy and procedure by posting on an Internet or Intranet website, provided all students are directly notified of how to access the policy by an exact address, and that they may request a paper copy.

Subpart B. Distribution of Policy to Employees

Anoka-Ramsey Community College shall make available to all employees a copy of the sexual violence policy and procedure. Distribution may be accomplished by posting on an Internet or Intranet website, provided all employees are directly notified of the exact address of the policy and procedure, as well as the option of receiving a paper copy upon request.

Subpart C. Required Notice

Anoka-Ramsey Community College shall have a sexual violence policy, which must include the notice provisions in this part.

  1. Notice of Complainant Options. Following a report of sexual violence the complainant must be promptly notified of:
    1. Where and how to obtain immediate medical assistance. Complainants should be informed that timely reporting and a medical examination within 72 hours are critical in preserving evidence of sexual assault and proving a criminal or civil case against a perpetrator. Complainants should be told, however, that they may report incidents of sexual violence at any time.
    2. Where and how to report incidents of sexual violence to local law enforcement officials, and/or appropriate ARCC or System contacts for employees, students, and others. Such contacts should be identified by name, location, and phone number for 24-hour availability, as applicable.
    3. Resources for where and how complainants may obtain on- or off-campus counseling, mental health, or other support services.
  2. Notice of Complainant Rights. Complainants must be notified of the following:
    1. Their right to file criminal charges with local law enforcement officials in sexual assault cases;
    2. Rights under the crime victims bill of rights, Minn. Stat 611A.01-611A.06, including the right to assistance from the Crime Victims Reparations Board and the Commissioner of Public Safety;
    3. Availability of prompt assistance from campus officials, upon request, in notifying the appropriate campus investigating authorities and law enforcement officials and, at the direction of law enforcement authorities, assistance in obtaining, securing, and maintaining evidence in connection with a sexual violence incident;
    4. Assistance available from campus officials in preserving for a sexual violence complainant materials relating to a campus disciplinary proceeding;
    5. Complaints of incidents of sexual violence made to campus security authorities must be promptly and appropriately investigated and resolved;
    6. Upon a sexual assault complainant’s request, Anoka-Ramsey Community College or Minnesota State may take action to prevent unwanted contact with the alleged assailant, including, but not limited to, transfer of the complainant and/or the respondent to alternative classes, or to a work site or to alternative college-owned housing, if such alternatives are available and feasible.
    7. Upon the request of the complainant, students who reported sexual assaults to Anoka-Ramsey Community College and subsequently chose to transfer to another college or university will be provided with information about resources for victims of sexual assault at Anoka-Ramsey Community College to which the complainant is transferring.

Part 6. Investigation and Disciplinary Procedures

Subpart A. Immediate Action

Anoka-Ramsey Community College may, at any time during the report/complaint process, reassign or place on administrative leave an employee alleged to have violated Policy 1B.3, in accordance with the procedures in Anoka-Ramsey Community College Procedure 1B.1/11. Such action must be consistent with the applicable collective bargain agreement or personnel plan.

Anoka-Ramsey Community College may summarily suspend or take other temporary measures against a student alleged to have committed a violation of Anoka-Ramsey Community College Policy 1B.3, in accordance with Anoka-Ramsey Community College Procedure 1B.1/11 Report/Complaint of Discrimination/Harassment Investigation and Resolution.

Subpart B. General Principles

Anoka-Ramsey Community College shall use ARCC Procedure 1B.1/11 Report/Complaint of Discrimination/Harassment Investigation and Resolution when investigating complaints of sexual violence. Procedures used in response to a complaint of sexual violence should avoid requiring complainants to follow any plan of action, to prevent the possibility of re-victimization.

Anoka-Ramsey Community College investigation and disciplinary procedures concerning allegations of sexual violence against employees or students must:

  1. Be respectful of the needs and rights of individuals involved and treat them with dignity;
  2. Not suggest to the complainant that he or she was at fault for the sexual assault or should have behaved differently to prevent the assault;
  3. Proceed as promptly as possible;
  4. Permit a student complainant and a student respondent to have the same opportunity to have an appropriate support person or advisor present at any interview or hearing, in a manner consistent with the governing procedures and applicable data practices law;
  5. Afford employees the right to representation consistent with the appropriate collective bargaining agreement or personnel plan;
  6. Be conducted in accordance with applicable due process standards and privacy laws;
  7. Simultaneously inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
  8. Be based on a preponderance of evidence standard, meaning that it is more likely than not that the policy, procedure, or code has been violated.

The past sexual history of the complainant and respondent must be deemed irrelevant except as that history may directly relate to the incident being considered.

A respondent’s use of any drug, including alcohol, judged to be related to an offense may be considered to be an exacerbating rather than mitigating circumstance.

Subpart C. Relationship to Parallel Proceedings

In general, Anoka-Ramsey Community College investigation and disciplinary procedures for allegations of sexual violence will proceed independent of any action taken in criminal or civil courts. Anoka-Ramsey Community College need not, in most cases should not, delay its proceedings while a parallel legal action is ongoing. If Anoka-Ramsey Community College is aware of a criminal proceeding involving the alleged incident, they may contact the prosecuting authority to coordinate when feasible. Criminal or civil court proceedings are not a substitute for Anoka-Ramsey Community College and Minnesota State procedures.

Subpart D. Memorandum of Understanding with Local Law Enforcement

Anoka-Ramsey Community College shall enter into a memorandum of understanding (MOU) with the primary law enforcement agencies that serves its campuses. Prior to the start of each academic year, Anoka-Ramsey Community College shall distribute an electronic copy of the MOU to all employees on the campus that are subject to the memorandum. Anoka-Ramsey Community College is exempt from the MOU requirement if they and local or county law enforcement agencies establish a sexual assault protocol team to facilitate effective cooperation and collaboration between Anoka-Ramsey Community College and law enforcement.

Subpart E. False Statements Prohibited

Anoka-Ramsey Community College takes allegations of sexual violence very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual violence, or who provides false information during the investigation of such a complaint or report, may be subject to discipline or, under certain circumstances, legal action. Complaints of conduct that are found not to violate policy are not assumed to be false.

Subpart F. Withdrawn Complaint

If a complainant no longer desires to pursue a complaint through Anoka-Ramsey Community College's proceeding, Anoka-Ramsey Community College reserves the right to investigate and resolve the complaint as it deems appropriate.

Subpart G. Discretion to Pursue Certain Allegations

Anoka-Ramsey Community College reserves discretion whether to pursue alleged violations of policy under appropriate circumstances including, but not limited to, a determination that an effective investigation is not feasible because of the passage of time, or because the respondent is no longer a student or employee of Anoka-Ramsey Community College.

Subpart H. Sanctions

Sanctions that may be imposed if a finding is made that sexual violence has occurred include, but are not limited to, suspension, or expulsion of students, or termination from employment for employees. The appropriate sanction will be determined on a case-by-case basis, taking into account the severity of the conduct, the student’s or employee’s previous disciplinary history, and other factors as appropriate.

Witnesses or victims who report in good faith an incident of sexual violence will not be sanctioned by Anoka-Ramsey Community College for admitting in the report to a violation of the student conduct policy on the use of alcohol or drugs.

Subpart I. Retaliation Prohibited

Actions by a student or employee intended as retaliation, reprisal, or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.

Part 7. Sexual Violence Prevention and Education

Subpart A. Campus-wide Training. Anoka-Ramsey Community College shall:

  1. Include in their sexual violence policy a description of educational programs that they offer to students and employees to promote the awareness of sexual violence offenses, including sexual violence prevention measures and procedures for responding to incidents;
  2. Provide training on awareness of sexual violence prevention measures and procedures for responding to incidents of sexual violence. At a minimum, all incoming students and all new employees must be provided with this training;
  3. Emphasize in their educational programs the importance of preserving evidence for proof of a criminal offense, safe and positive options for bystander intervention, and information on risk reduction to recognize warning signs of abusive behavior and risk associated with the perpetration of sexual violence.

Subpart B. Other Training and Education

Anoka-Ramsey Community College and affiliated student organizations are encouraged to develop educational programs, brochures, posters, and other means of information to decrease the incidence of sexual violence and advise individuals of the legal and other options available if they are the complainants of an incident or if they learn of such an incident.

Subpart C. Training for Individuals Charged with Decision-Making Authority

Prior to serving as either an investigator or decision-maker for complaints under this procedure, administrators shall complete investigator or decision-maker training provide by Minnesota State.

Investigators/decision-makers, campus security officers, and anyone else involved in the adjudication process must receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

Part 8. Maintenance of Report/Complaint Procedure Documentation

Data that is collected, created, received, maintained, or disseminated about incidents of sexual violence will be handled in accordance with the privacy requirements of Minn. Stat. 13 Government Data Practices and other applicable laws.

Information on reports of incidents of sexual violence that are made to campus security authorities must be documented in accordance with the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act, codified at 20 U.S.C. 1092 (f). The information will be used to report campus crime statistics on the ARCC campuses as required by the Clery Act.

During and upon the completion of the complain process, the complaint file must be maintained in a secure location. Access to complaint file information, including information stored electronically, must be in accordance with the applicable collective bargaining agreement or personnel plan, the Minnesota Government Data Practices Act, the Family Educational Rights and Privacy Act, and other applicable law and policy.

Anoka-Ramsey Community College shall annually report statistics on sexual assaults to the Minnesota Office of Higher Education. Additionally, the report must be published on the Anoka-Ramsey Community College website in accordance with state law.

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History:

05.2004  System policy adopted

07.2016  System policy last reviewed

05.2018  Language converted from System to local institution

 

 

 

 

 

 

 

 

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