Southeast Technical Policies and Procedures
Section 100 Procedures
Section 111 - Admission Denied: Appeal Procedure
- Individuals shall request in writing to the Vice President of Student Affairs that their appeal for admission to the College be reviewed. The Vice President of Student Affairs will establish a meeting with a review committee within fourteen (14) days of the date that the request for review is received.
- The prospective student will be advised of the meeting in order to determine if he/she would join the meeting and discuss the appeal with the review committee.
- The review committee will evaluate the request and make a determination regarding admission within five (5) workings days of the committee review.
- The Vice President of Student Affairs will inform the student of the decision accordingly.
Section 112 - Complaints and Grievances Procedure
- Step A: If a problem exists involving a student and a college employee, a college policy or procedure, the student should seek to resolve the problem by discussing the situation with his/her instructor or advisor. If this does not resolve the problem, the student or instructor/advisor should then contact the Campus Counselor. Some type of resolution should be attempted at this point. If it is obvious that the problem cannot be resolved, the Campus Counselor should advise the student of the next step in the appeal process.
- Step B: If the problem cannot be resolved through informal discussion as outlined in Step A, the grievance should be submitted in writing to the Vice President of Student Affairs. The aggrieved student should present such grievance, in writing, within five (5) college days of the occurrence of the event on which the complaint is based.
- Step C: In the event that the grievance has not been disposed of to the satisfaction of the aggrieved student or in the event that no decision has been reached within five (5) days after the initial meeting as outlined in Step B, the grievance shall be reduced to writing and referred to the College President. The College President shall hear the parties involved in the grievance at a meeting within ten (10) days after the receipt of the written grievance. Within five (5) days after the meeting, the College President will issue a decision in writing. The College President’s decision will be final.
- Step D: If the grievance involves a MnSCU policy or the actions of a College or University President, a student may further appeal the College or University decision through the Chancellor of MnSCU to the MnSCU Board. The decision of the Board is final and binding.
No retaliation of any kind shall be taken against a student for participation in a complaint or grievance. These procedures also shall protect data privacy rights.
This grievance procedure does not prohibit the student from filing a grievance with any of the appropriate federal, state or local departments of human rights. However, students are encouraged to use the formal procedure above.
All grievances must be submitted in writing on the Student Grievance Procedure Report which is available through Student Affairs offices.
This grievance procedure does not prohibit the student from filing a grievance with any of the appropriate federal, state or local departments of human rights. However, students are encouraged to use the formal procedure above.
Section 113 - Student Code of Conduct Procedure
Part 1: Examples of Violations
While it is not possible to define each instance of misconduct, the following are intended to convey offenses, which might result in student conduct action:
- Violation of written Board of Trustees and college policies, rules or regulations.
- Violation of local, state, or federal laws on college property or off-campus when the violation is directly related to the college community.
- Violations off-campus, when it adversely affects the educational, research or service functions of the college.
- Violations constituting a felony under state or federal law.
- Academic dishonesty including, but not limited to, cheating and plagiarism (see the Academic Integrity Policy above).
- Disruption by an individual or group in college operations or the rights of others to participate in college programs or services.
- Unauthorized entry into or use of college facilities or equipment.
- Violation of student electronic mail rules and regulations.
- Alleged or actual criminal violence such as possession of weapons or incendiary devices. This could include theft, vandalism, or physical violence against property or another person.
- Possession, use, sale, or distribution of alcoholic beverages at the college or college-sponsored events on or off campus.
- Physical or psychological/emotional abuse including, but not limited to, stalking, sexual violence, intimidation or harassment.
Hazing activities which endangers the mental and physical health or safety of a student, or subjects a person to public humiliation or ridicule, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
Warning - A warning is a written notice to students that their conduct has been inappropriate. The warning will note that future violations will result in more serious sanctions. The written warning will be placed in the student’s record.
Probation – A probation period is a specified period of time during which students will have an opportunity to remediate their behavior. Students may be restricted from participation in college classes or activities. Additionally, students may be required to perform some type of work function or attend counseling sessions and complete follow-up recommendations.
Summary Suspension - A suspension, not to exceed ten (10) school days, imposed without a formal hearing to ensure the safety and well-being of members of the College community.
Suspension - Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-admission may be specified.
Expulsion - Permanent denial of the privilege of enrollment.
Investigation and Informal Process
Any member of the college community may file a written complaint alleging that a student or organization has violated student conduct proscriptions. Persons filing complaints shall be informed of their rights under the Minnesota Statute 13.04, subdivision 2. Following the filing of a complaint against a student, the person responsible for administering the code (in this policy, referred to as the “administrator”) shall conduct an investigation of the charges. The college’s process shall include the following:
- If the complaint seems unwarranted, the administrator may discontinue proceedings.
- If there is sufficient evidence to support the complaint, the administrator shall offer the accused student an opportunity to resolve the alleged violation at an informal meeting. Five (5) days prior to this informal meeting, the student shall be given oral or written notice of the charges against him/her and of the evidence to support the charge and provided with a copy of the code of conduct. During the informal meeting the administrator shall review the complaint and the evidence with the student and allow the student to present a defense against the complaint. Within a reasonable time period following the informal meeting, the administrator shall inform the accused student in writing of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as options available for an appeal and/or a formal hearing.
- A student who is subject to a sanction of expulsion or suspension, except summary suspension, for more than nine days may agree to accept the sanction, or may request a formal hearing (see part 4) prior to implementation of the sanction. Other sanctions shall be accepted or may be appealed in accordance with the college’s appeal procedures (see part 5).
- If the accused student fails to appear for the informal hearing, the administrator may proceed to review and act upon the complaint in his/her absence and shall notify the student in writing of an action taken.
Formal Hearing and Due Process Rights
- The college will select the formal hearing panel. The panel will consist of a faculty member and a college counselor. A college administrator, selected by the college president, will serve as facilitator.
- Students referred for a formal hearing will be notified in writing at least five (5) school days prior to the hearing of the time, place and date of the formal hearing. The student’s failure to appear at the hearing will not prevent the hearing from proceeding as scheduled.
- Within a reasonable time prior to the hearing, the student will be notified in writing of the charges, the evidence to be presented, a list of witnesses, and the nature of their testimony.
- The student shall be given the opportunity to speak in his/her own defense, to present witnesses, to question any witnesses and to have an advocate present. The advocate may provide advice to the student, but may not participate in any questioning. When there is likelihood that a student involved in conduct proceedings will face criminal prosecution for a serious offense, it may be advisable for the student to have an attorney as advocate.
- A written notice of findings and conclusions will be provided to the student within ten (10) school days after the hearing. The notice will inform the student of any sanctions to be imposed. The notice shall also contain information regarding any applicable appeal process.
The student has the right to appeal the sanction imposed by the formal hearing panel to the college president within ten (10) school days following the hearing. The president will have ten (10) school days to respond to the appeal.
Students have the right to appeal the college president’s decision to an administrative law judge at the Office of Administrative Hearings. The administrative law judge will conduct a hearing and make a recommendation regarding sanction to the MnSCU chancellor or designee. The decision of the chancellor or designee will be final.
Section 123: Access to Student Records Procedure
Access by Student
Upon written request, the college shall provide a student with access to his or her education records, unless limited by law. All students at a college have the same rights regarding their education records irrespective of age.
There is no charge for viewing the records even if the college is required to make a copy for the record in order to provide access. Responses to requests by students to review their education records shall be immediate, if possible, or within ten business days.
Upon request, the meaning of their education record shall be explained to the student by Southeast Technical personnel assigned to, and designated by, the appropriate office.
Students have the right to review only their own records. When a record contains private information about other individual(s), disclosure cannot include information regarding the other individual(s). A student does not have access to financial information and statements of the student’s parents or any information contained therein.
A student may gain access to their educational records in writing. Request should be directed to the Department they wish to review information from.
- College Deans/Coordinator Student
- Vice President of Student Affairs
- Director of Finance
- Director of Financial Aid
Students do not have access to confidential letters or statements of recommendation placed in education records before January 1, 1975 or after January 1, 1975 if the student waived his/her right of access as permitted by law.
Consent for Release to Third Parties Generally Required
The college will not disclose or release to a third party personally identifiable information from education records without the prior written consent of the subject student except as authorized by law.
To be valid, a written consent for the disclosure of education records must: 1) specify the records to be disclosed; 2) state the purpose of the disclosure; 3) identify the party or class of parties to whom the disclosure may be made; and 4) be signed and dated by the student. If the disclosure is to an insurer or its representative, the release must also include an expiration date no later than one year from the original authorization, or two years for a life insurance application. If the student requests, the school shall provide him or her with a copy of the records released pursuant to the consent. A consent to release education records is available in the Student Services Office.
Release Without Consent
As required or permitted by law, the college will release personally identifiable information in an education record without consent as follows:
- to college school officials who have been determined to have a legitimate educational interest in the records; Note: Southeast Technical has defined school official as: a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a trustee of Minnesota State Colleges and Universities; or a student serving on an official committee, or assisting another school official in performing his or her tasks. A school official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her official responsibilities.
- to federal, state, or local officials or agencies authorized by law, including, but not limited to authorized representative of: the Comptroller General of the United States; the Attorney General of the United States; the Secretary of the United States Department of Education; or state and local educational authorities;
- in connection with a student’s application for, or receipt of, financial aid;
- to accrediting organizations or organizations conducting educational studies, provided that these organizations do not release personally identifiable data and destroy such data when it is no longer needed for the purpose it was obtained;
- upon adequate proof, to the parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954;
- in compliance with a judicial order or lawfully issued subpoena, provided a reasonable effort is made to notify the student in advance unless such subpoena is a Federal grand jury subpoena or other subpoena issued for a law enforcement purpose and the court or issuing agency specifically directs the institution not to disclose the existence of a subpoena;
- to appropriate persons in an emergency situation if the information in necessary to protect the health or safety of the students or other persons; the information has been designated by the college as “Directory Information” and the student has not exercised his/her rights of non-disclosure;
- the information is the final result of the alleged student perpetrator’s disciplinary proceeding to an alleged victim of a crime of violence (as defined in 18 U.S.C. Sect 16) or non-forcible sex offense; or
- the information is the final result of a disciplinary hearing finding that a student has violated the college’s rules or policies by conduct defined as a crime of violence in 18 U.S.C. Sec 16, or non-forcible sex offense, and the final results were reached on or after October 7, 1998.
- If you are currently enrolled in, receiving services, seek or intend to enroll at a college or university within the Minnesota State College and University System, your academic records from that institution are available to officials of other schools within the System while you are in attendance. Disclosures of your records to other schools under other circumstances require your prior written consent.
The college will inform a third party to whom personally identifiable information is released of the applicable limitations on re-disclosure. If the institution discovers that a third party who has received student records from the institution has released or failed to destroy such records in violation of such limitations, it will prohibit access to education records for five (5) years.
Record of Requests for Disclosure
Where required by law, a record of requests for disclosure and such disclosure of personally identifiable information from student education records shall be maintained by Southeast Technical for each student and will be also made available for inspection pursuant to this policy. Records of requests for disclosure no longer subject to audit or under active request for access will be maintained according to the applicable records retention policy.
Section 123: Directory Information Procedure
The following information on students at Southeast Technical is designated as Directory Information, which is public data accessible to the public upon request pursuant to Minn. Stat. Sect. 13.03:
- student’s name
- major field of study
- participation in officially recognized activities and sports
- dates of attendance
- degrees and awards received
- date of graduation
Notice to Students About Directory Information
Students may direct that the above-listed Directory Information be withheld from public disclosure by notifying the Office of the Registrar in writing by the fifth day of your starting semester. The Authorization to Withhold Directory Information Form is valid until a written request to rescind is received in the Office of Registrar.
Section 123: Challenge of Record Procedure
Students may challenge the accuracy or completeness of their education records. Note: the right to challenge a grade does not apply under this policy unless the grade assigned was allegedly inaccurately recorded. Students may challenge a grade within one academic term after the grade has been posted to their official transcript.
The student may discuss his or her problems informally with Steve Zmyewski, Data Practices Compliance Official. If agreement is reached with respect to the student’s request, the appropriate records will be amended, and a reasonable attempt will be made to notify past recipients of inaccurate or incomplete data, including recipients named by student. If not, the student will be notified within a reasonable period of time that the records will not be amended, and will be informed by Steve Zmyewski of their right to a formal hearing.
Student requests for a formal hearing must be made in writing to the Minnesota Commissioner of Administration within 60 days of receiving the decision. The request must by directed to: Commissioner of Administration, State of Minnesota, 50 Sherburne Avenue, St. Paul, MN 55155, who, within a reasonable period of time after receiving the request, will inform the student of the date, place and the time of the hearing. The hearing will be conducted by the Office of Administrative Hearings (OAH) and according to the procedures set forth in Minn. Stat. Chapter 14. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the student’s expense.
Decisions of the hearing officer will be based solely on the evidence presented at the hearing, will consist of the written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned.
The education records will be corrected or amended in accordance with the decision of OAH if the decision is in favor of the student. If the decision is unsatisfactory to the student, the student may place with the education records statements commenting on the information in the records or statements setting forth any reasons for disagreeing with the decision of the hearing officer, or both. The statements will be placed in and maintained as part of the student’s educational records, and released whenever the records in questions are disclosed.
Students may have copies of their education records and this policy upon request. The copies of records will be made at the student’s expense rates at 5 cents per copy.
The charge for transcripts will be $2.00.
Copies of academic records or transcripts will not be released for students who have a delinquent financial obligation or financial “hold” at the college, unless otherwise required by law.
Section 123: Complaints Procedure
Complaints regarding alleged failures to comply with the provisions of FERPA may be submitted in writing to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-4605.
Complaints may also be submitted to the following designated college official.
Complaints about compliance with the MGDPA may be brought to the college Data Practices Compliance Official, Steve Zmyewski, or to the Minnesota Commissioner of Administration.
Section 125: Veterans' Responsibility: Training Credits Procedures and Guidelines
[Veterans' Responsibility: Training Credits Policy]
To request Veteran’s Educational Benefits:
- Student brings DD-214 to Veteran’s representative on each Campus.
- If the student has attended another institution, the College will require an Academic Transcript from each College attended.
- The College will verify with the Veterans Affairs Office the number of credits the student takes each semester.
- It is the student’s responsibility to inform the Veterans Affairs Office or the Veteran’s representative at the school if s/he withdraws from any courses during the semester.
The College may grant credit for military and other training/education that is relevant to the Southeast Technical program major curriculum. However, the subsequent reduction in credit hours may result in a reduction in the amount of the monthly check.
Satisfactory Progress Requirements
In order to remain eligible for veteran educational benefits, veterans are subject to College standards.
With some exceptions, a veteran who withdraws from the College during any given term will be required to repay benefits received from the Veterans Administration for the days in which the veteran was officially enrolled in that term. Veterans should clarify with the College veteran’s representative their status regarding withdrawal.
Section 138 - Procedure 1B.3.1 Sexual Violence Procedure
Sexual Violence Resources (PDF)
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.
A. Policy definitions. The definitions in Policy 1B.3
also apply to this procedure.
B. Campus security authority. Campus security
authority includes the following categories of individuals at a college or
1. A college or
university security department;
2. Other individuals
who have campus security responsibilities in addition to a college or
university security department;
3. Any individual or
organization identified in a college or university security policy as an
individual or organization to which students and employees should report
4. 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.
3. Reporting incidents of sexual violence.
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
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
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.
4. Confidentiality of reporting.
A. Confidential reports. Because of laws concerning
government data contained in Minnesota Statutes §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.
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.
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.
5. Policy notices.
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.
B. Distribution of policy to employees. All colleges,
universities and the system office 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.
C. Required Notice. Each college or university shall have a
sexual violence policy, which shall include the notice provisions in this part.
1. Notice of complainant options. Following a report of sexual
violence the complainant shall be promptly notified of:
a. 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.
b. 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.
c. 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 shall be notified of the
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 §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
Assistance available from campus authorities in preserving for a sexual
violence complainant materials relating to a campus disciplinary proceeding;
e. That complaints of
incidents of sexual violence made to campus security authorities shall be
promptly and appropriately investigated and resolved;
f. That, at a sexual
assault complainant’s request, the college, university or system office 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.
D. 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.
6. Investigation and disciplinary procedures.
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
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
College and university investigation and
disciplinary procedures concerning allegations of sexual violence against
employees or students shall:
1. Be respectful of the
needs and rights of individuals involved;
2. Proceed as promptly
3. 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;
4. Employees shall have
the right to representation consistent with the appropriate collective
bargaining agreement or personnel plan;
5. Be conducted in
accordance with applicable due process standards and privacy laws;
6. 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.
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.
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.
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.
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
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.
H. Procedure for employees, students and individuals who are both an employee
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
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.
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.
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.
7. Sexual violence prevention and education.
A. Campus-wide training. Colleges, universities, and the
system office 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.
B. Training for individuals charged with decision making authority.
Each college, university and the system office 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.
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 §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
State College-Southeast Technical Procedure
Any individual who believes she or he has been, or
is being, subjected to conduct prohibited by MNSCU Board Policy 1B.3, Sexual
Violence Policy, is encouraged to report the incident to the Affirmative Action
Officer/Title IX Coordinator, Nate Emerson, 507-453-271, 651-385-6327, or at firstname.lastname@example.org