Southeast Technical Policies and Procedures
Section 300 Procedures
Section 305 - Policy Development Procedure
The President of the College has the ultimate responsibility for the initiation and approval of all policies. Faculty and staff are encouraged to propose policies and procedures which will assure efficient operations and progressive programs and safeguards. The Executive Council will perform the initial review of new policies prior to the approval/disapproval of the President. Proposals to create new policies or substantially revise existing policies must conform to the procedures. All College policies and procedures will be in compliance with MnSCU Board policies and any required Federal mandates where applicable.
Approved: June 17, 1997
Revised: February 15, 2000; June 30, 2004
- The person or group proposing a new policy, or a substantive revision of an existing policy, must complete the Policy Form. The requester will address the following issues:
- Explain why the new policy (or revision) is necessary
- Indicate the College-wide impact of the proposal
- Determine whether the policy will have a fiscal impact (will new resources be required in order to implement the policy)
- Determine whether any cost-savings will result from the policy
- Affirm that there are no existing MnSCU policies that this proposal will overlap or contradict.
- The requester should attach any procedures that will need to be followed in order to implement the policy.
- The person or office that will have primary responsibility for the oversight of the policy must be clearly stated and involved in policies development.
- The complete policy and procedures statement with the Policy Form will be forwarded to the President’s Office which will present it to the Executive Council for a first reading.
- After the first reading by the Executive Council, the proposed policy will be emailed by the President’s Office to all staff for a 2-week input period.
- The Executive Council will conduct a “second” reading of the input received from all staff, and approve or recommend additional revision.
- If a significant revision is deemed necessary, the President’s Office will email the revised policy proposal to all staff for an additional 1-week input period.
- After final input is received at either step 3 or 4, the Executive Council and President will do a final review/approval.
The policy will go into effect on the date of final approval by the Executive Council and President unless otherwise specified. All policies will have last date of change identified, which will include even minor changes.
NOTE: Some minor changes to policy can, and will, occur without input. Minor changes are those that do not change the intent of policy determined by Executive Council and the President.
Revisions to procedures do not require the above review. The administrator responsible for implementation of the procedures has the discretion to change procedures as needed. S/He is responsible for advising all staff of significant revisions in an appropriate time-frame.
Section 312 - Disabilities Act, Americans With
The College complies with the provision of the 1990 Americans with Disabilities Act. The ADA prohibits discrimination of qualified individuals with disabilities on the basis of their disabilities. The ADA provides, in part, that qualified individuals with disabilities shall not be excluded from participating in or be denied the benefits of any program, service or activity offered by the College. The ADA requires that all programs services, and activities, when viewed in their entirety are readily accessible to use by qualified individuals with disabilities.
Interested persons, including individuals with disabilities or organizations representing individuals with disabilities, are invited to submit comments regarding the College’s current services, policies, and practices, and effects thereof which may discriminate against people with disabilities. Comments should be forwarded to Steve Zmyewski, Director of Learning Resources, at 800-372-8164.
A reasonable accommodation is any modification or adjustment to a program environment that makes it possible for a qualified individual with a disability to have an equal educational opportunity. Examples of accommodations may include, but are not limited to, acquiring or modifying equipment or devices; modifying examinations and training materials; making facilities readily accessible’ job restricting, modifying work schedules, providing qualified readers or interpreters; and alternate training material formats.
A student requiring accommodation is required to fill out the Student/Employee Request for Reasonable Accommodation form found in the Student Services Office. It is imperative that students requiring accommodations notify the Director of Learning Resources of such needs as soon as possible to assure the College can accommodate the need in a timely manner to ensure the student have an opportunity for a successful educational experience. The College asks for a three week notice for accommodation to allow time to secure any needed equipment, supply items, etc., to prepare the educational site for accommodation if granted.
In the event a student feels he/she has not been treated fairly in accordance with ADA services of the College, he/she can file a complaint. The forms and procedures can be found in the Student Services Office. In order for accommodations to be considered, appropriate professional documentation of the disability and the official ADA request form must be presented to the Director of Learning Resources.
Services for students with disabilities include, but are not limited to, the following:
Support Services - Individual and career counseling, support groups, and assessment and referral services.
Academic Assistance Services - Program advising, course selection, tutoring, testing assistance and modification, early registration information and assistance, early syllabus availability, course accommodations and/or modifications, note-takers, proofreaders, and course load adjustment.
Advocacy Services - Assistance is available to students when working with faculty, administrators, intervention procedures, and grievance procedures.
314 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