CHAPTER
1: ORGANIZATION AND ADMINISTRATION
PROCEDURE 1B.3/11 Sexual Violence
for Policy 1B.3
Part 1. Procedure Objective
This procedure is designed to further implement Minnesota
State Colleges and Universities Board Policy 1B.3 prohibiting
sexual violence. This procedure provides a process through
which individuals alleging sexual violence may pursue
a complaint.
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
Subpart A. Policy definitions. The definitions in Policy
1B.3 also apply to this procedure.
Subpart B. Campus security authority. Campus security authority
includes the following categories of individuals at a college
or university:
- A college or university security department;
- Other individuals who have campus security responsibilities
in addition to a college or university security
department;
- Any individual or organization identified in
a college or university security policy as an individual
or organization
to which students and employees should report criminal
offenses;
- An official of a college or university 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, and Minnesota
State Colleges
and Universities campus security authorities
for
appropriate action.
Subpart B. Assistance in reporting. When informed
of an alleged incident of sexual violence,
all Minnesota
State
Colleges and Universities students and employees
are urged to encourage and assist complainants,
as needed,
to report
the incident to local law enforcement, local
victim/survivor services and campus security
authorities.
Minnesota State Colleges and Universities campus
security authorities, when informed of an alleged
incident of
sexual violence, shall promptly assist the
complainant, including
providing guidance in filing complaints with
outside agencies including 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, Minnesota State Colleges
and Universities 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.
Part 4. Confidentiality of reporting.
Subpart A. Confidential reports. Because of
laws concerning government data contained in
Minnesota
Statues chapter
13, the Minnesota Government Data Practices
Act, colleges and universities cannot guarantee
confidentiality
to
those who report incidents of sexual violence
except where those
reports are privileged communications with
licensed health care professionals. Some off-campus
reports
also may
be legally privileged by law, such as reports
to clergy, private
legal counsel, or health care 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 Minnesota
State
Colleges
and Universities determines it needs to act
regardless of whether the parties have reached
a personal
resolution or if the complainant requests
that no action be
taken. In such instances, Minnesota State
Colleges and Universities
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 college or university employee
with supervisory
or student-advising responsibility who has
been informed of an alleged incident of sexual
violence
must follow
college or university 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 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. Each college or university shall, at a minimum,
at the time of registration
make available to each student information
about its sexual violence policy and procedure,
and
shall additionally
post
a copy of its policy and procedure at appropriate
locations on campus at all times. A college
or university may distribute
its policy and procedure by posting on an
Internet or Intranet Web site, 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. All colleges, universities and the Office
of the Chancellor shall make
available to all employees a copy of its
sexual violence policy and procedure. Distribution
may be accomplished
by posting on an Internet or Intranet Web
site,
provided all employees are directly notified
of the exact address
of the policy and procedure and that they
may receive a paper copy upon request.
Subpart C. Required Notice. Each college
or university shall have a sexual violence
policy,
which shall
include the notice provisions in this part.
- Notice of complainant options. Following
a report of sexual violence the complainant
shall
be promptly
notified
of:
- 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.
- Where and how to report incidents
of sexual violence to local
law enforcement officials,
and/or appropriate
Minnesota State Colleges and
Universities system contacts for employees, students
and others.
Such contacts should
be identified by name, location
and
phone
number for 24-hour availability,
as applicable.
- Resources for where and how complainants
may obtain on- or off-campus
counseling, mental health
or other
support services.
- Notice of complainant rights. Complainants shall be notified of
the following:
- Their right to file criminal charges
with local law enforcement
officials in sexual
assault cases;
- Rights under the crime victims
bill of rights, Minnesota
Statutes Sections
611A.01 – 611A.06,
including the right to assistance
from the Crime Victims Reparations
Board and the commissioner
of public safety;
- 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;
- Assistance available from campus
authorities in preserving
for a sexual violence complainant
materials relating
to a campus disciplinary
proceeding;
- That complaints of incidents
of sexual violence made to
campus security
authorities
shall be
promptly and
appropriately investigated
and resolved;
- That, at a sexual assault complainant’s
request, the college, university
or Office of the Chancellor
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 a work site or to alternative
college-owned housing, if
such alternatives are available
and feasible.
Subpart C. Complaint procedure. Each college and university shall
notify
students of
the process used to investigate
and resolve allegations of sexual
violence, as provided in part 6,
subpart H.
Part 6. Investigation and disciplinary
procedures.
Subpart A. Immediate action. A college or university may,
at any
time during
the report/complaint
process, reassign
or place on administrative
leave an employee alleged to
have violated
this
policy, in
accordance
with
the procedures
in System Procedure 1B.1.1.
Such action must be consistent
with
the applicable
collective
bargaining
agreement or
personnel plan.
A college or university may
summarily suspend or take other
temporary
measures against
a student alleged to
have committed
a violation of this policy,
in accordance with System Procedure
1B.1.1 or Board
Policy 3.6.
Subpart B. General principles. 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.
Mediation
or other negotiated
dispute resolution processes
between the complainant and
the respondent
concerning
allegations of
sexual violence shall be used
only if both parties
voluntarily
consent.
No party shall be required
to participate in mediation.
College and university investigation
and disciplinary procedures
concerning allegations
of sexual
violence against employees
or students shall:
- Be respectful of the needs
and rights of individuals
involved;
- Proceed as promptly as
possible;
- 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;
- Employees shall have the
right to representation consistent
with
the
appropriate collective
bargaining agreement
or personnel plan;
- Be conducted in accordance
with applicable due process
standards
and privacy laws;
- Inform both the complainant
and respondent of the outcome
in a timely
manner, as permitted
by
applicable
privacy
law.
The past sexual history of
the complainant and respondent
shall
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, Minnesota
State Colleges and
Universities investigation
and disciplinary procedures
for allegations of sexual
violence will proceed independent
of any
action taken
in criminal
or civil courts. A college
or university
need not, and in most cases
should not, delay its
proceedings
while
a parallel legal action is
on-going. If a college or
university
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
Minnesota State Colleges
and Universities
procedures.
Subpart D. False statements
prohibited. Minnesota State
Colleges and Universities
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
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 E. Withdrawn complaint. If a complainant no longer
desires to
pursue
a complaint
through the college
or
university’s
proceeding, the college or
university reserves the right
to investigate
and resolve the
complaint as
it deems
appropriate.
Subpart F. Minnesota State
Colleges and Universities
discretion to
pursue certain
allegations. Minnesota State Colleges
and Universities 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 the college or
university.
Subpart G. Minnesota State
Colleges and Universities
discretion to
deal with policy
violations
disclosed in investigation. Minnesota State Colleges
and Universities reserves
the right
to determine
whether to pursue violations
of policy
by students or employees
other than the respondent,
including
a complainant
or
witness, that
come to light during the
investigation of an incident
of sexual violence. In order
to encourage
reporting
of sexual
violence, under appropriate
circumstances college or
university administrators
may choose to
deal with violations of Minnesota
State Colleges
and Universities policy in
a manner
other than disciplinary action.
Subpart H. Procedure for
employees, students and individuals
who
are both an employee
and student.
Employees. If the respondent
is an employee, the investigation
and disciplinary
decision-making
shall be conducted
pursuant to the procedures
outlined in Board Procedure
1.B.1.1
except that use of the optional “Personal Resolution” described
in Part 3. Subpart B. should
not be encouraged in dealing
with allegations
of sexual
violence due to
the seriousness
of the conduct.
Nothing in this procedure
is intended to expand,
diminish or alter in
any manner
any right or
remedy available
under a collective bargaining
agreement, personnel plan
or
law.
Any disciplinary action
imposed as a result of an investigation
conducted
under this
procedure will be processed
in accordance with the
applicable collective bargaining
agreement
or personnel plan.
Students. The college or
university may elect
to process complaints
against students
under
this
procedure using
either the investigation
and decisionmaking process
of System
Procedure 1B.1.1
or Board Policy 3.6.
The college
or university shall notify
students of the process
used as required
by Part 5.
If a college or university
elects to use its procedures
under Board
Policy
3.6 for
incidents
of sexual
violence, the conduct
panel shall make written
findings
and recommendations,
including proposed
sanctions, if any,
which will be submitted
to a decisionmaker
designated by
the President. If the
decisionmaker issues
an adverse
decision against the
student, the student
may appeal to the
president or designee. Individuals who are both an employee and a student. If
the respondent is both a student and employee, the investigation
shall be conducted by the designated officer, as defined
by Board Procedure 1.B.1.1., Part 2, Subpart A. The results
of the investigation shall be submitted for review to both
the decisionmaker appointed under Procedure 1.B.1.1 Part
2, Subpart B, concerning the personnel action, and to the
President or designee concerning the student action.
Subpart I. Sanctions. Sanctions that may be
imposed if a finding is made that sexual violence
has occurred include,
but are not limited to, suspension, expulsion of students
or termination from employment. 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.
Subpart J. 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. Colleges, universities,
and the Office of the Chancellor must 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. Education shall emphasize the importance
of preserving evidence for proof of a criminal offense.
Colleges and universities 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 they learn
of such an
incident.
Subpart B. Training for individuals charged
with decision making authority. Each college,
university
and the
Office of the Chancellor shall provide appropriate
training
and other resources to individuals charged with
decision making
responsibilities under applicable procedures in
order to facilitate a fair, respectful and confidential
procedure on allegations of sexual violence in
accordance
with
this
and other applicable policies, procedures and laws.
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 the Minnesota
Statutes
chapter
13 (Minnesota Government Data Practices Act),
and other applicable laws.
Information on reports of incidents of sexual
violence that are made to Campus Security
Authorities shall
be documented in accordance with the Jeanne
Clery Disclosure of Campus
Security and Campus Crime Statistics Act,
codified at
20 United States Code section 1092 (f). Such
information will
be used to report campus crime statistics
on college and university campuses as required
by that Act.
During and upon the completion of the complaint
process, the complaint file shall be maintained
in a secure
location. Access to complaint file information
shall 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.
------------------------------
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