About Southeast Technical

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

PROCEDURES

  • 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.
  1. 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. 
  2. 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.
  3. The Executive Council will conduct a “second” reading of the input received from all staff, and approve or recommend additional revision.
  4. 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.
  5. 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.

Requesting Accommodations

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

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. 

 

 

Section 314 Procedure 1B.3.1 Sexual Violence Procedure

Procedure: http://www.mnscu.edu/board/procedure/1b-03p1.pdf 

Sexual Violence Resources (PDF)

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:

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 criminal offenses;

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.

 

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 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.

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 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.

Subpart 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 following:

a. Their right to file criminal charges with local law enforcement officials in sexual assault cases;

b. 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;

c. 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;

d. 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.

Subpart 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.

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:

1. Be respectful of the needs and rights of individuals involved;

2. Proceed as promptly as possible;

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.

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 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.

Subpart 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.

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 §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.

Minnesota 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 nemerson@southeastmn.edu

Policy: http://www.mnscu.edu/board/policy/1b-03.pdf 
Procedure: http://www.mnscu.edu/board/procedure/1b-03p1.pdf