Section 314 - Sexual Harassment / Violence Prohibited

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Section I. General Statement of Policy

Paragraph 1. Sexual harassment is a form of sexual discrimination. Sexual violence is a physical act of aggression that includes a sexual act or sexual purpose. Men or women may be victims. Men or women may be offenders.

Paragraph 2. It is the policy of Minnesota State College-Southeast Technical to maintain a learning and working environment that is free from sexual harassment and sexual violence. The College will not tolerate any form of sexual harassment and sexual violence and will act to investigate all complaints, either formal or informal, written or verbal.

Paragraph 3. It shall be a violation of this policy for any student or employee of the College to sexually harass or be sexually violent to another student or employee through conduct or communication of a sexual nature as defined by this policy. This policy also includes any extension of the school environment; i.e., college-sponsored events, customers, and/or vendors.

Section II. Sexual Harassment/Sexual Violence Defined

Paragraph 1. Unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature constitutes sexual harassment/sexual violence when:

  1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment or of obtaining an education.
  2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education.
  3. that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education or creating an intimidating, hostile, or offensive employment or educational environment.

Paragraph 2. Sexual violence is a physical act of aggression. It is sexual violence even if the other person is someone you know. Date or acquaintance rape is one of the most common types of sexual violence. Rape, attempted rape, and other forms of sexual assault are criminal acts. According to state law, acts of sexual violence must be reported immediately to the proper law enforcement officials.

Sexual violence may include someone:

  • touching genitals, buttocks, upper or inner thighs, breasts.
  • directing sexual threats to you.
  • attempting to or actually raping you.

Sexual harassment may include:

Verbal sexual harassment such as:

  • sexual innuendos
  • jokes about sex or gender-specific traits
  • implied or blatant verbal threats
  • degrading you in sexual terms

Physical sexual harassment such as:

  • offensive contact (pinching, brushing against the body)
  • blocking movement
  • attempted or actual fondling or kissing
  • any other form of coerced sexual contact

Nonverbal harassment such as:

  • exposing his or her genitals to you.
  • suggestive or insulting whistling, gestures, leering
  • sexually oriented pictures/cartoons

Section III. Consensual Relationships

Paragraph 1. Consenting romantic and/or sexual relationships between persons of unequal power such as staff member and student or supervisor and subordinate may present inherent dangers to the people involved. A staff member who enters into a sexual relationship with a student or a supervisor who enters into a sexual relationship with a subordinate is involved in a situation where a professional power differential exists. If a charge of sexual harassment is lodged, it may be difficult to establish a defense on the grounds of mutual consent.

Section IV. Reporting Procedures

Paragraph 1. Victims of alleged sexual harassment or sexual violence and third persons/observers with knowledge or belief of conduct constituting sexual harassment or sexual violence should report, either in writing or verbally, the alleged acts immediately to the Sexual Harassment/ Sexual Violence contact persons at each campus as named below. These contact persons are also named in the campus catalog and student handbook.

Paragraph 2. The contact persons will then assist the alleged victim in referring the complaint to the college administration for investigation and action. Alleged victims of sexual harassment or sexual violence will be informed of their rights and duties in accordance with the 1992 Minnesota Crime Bill and as outlined in this policy.

Paragraph 3. Reporting forms for filing complaints are available to anyone from the college administration. However, use of written forms is not mandatory to file a complaint.

Paragraph 4. The College will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed in accordance with college data privacy practices, legal obligations, and the necessity to investigate allegations of sexual harassment and sexual violence in a timely and appropriate manner.

Paragraph 5. If any employee of the College receives complaints orally or in writing from a victim of alleged sexual harassment or sexual violence or observes sexual harassment or sexual violence, the employee must immediately forward these complaints to the college administration. The college administration will investigate and take appropriate and timely action.

Paragraph 6. If a complaint or observation involves a college administrator or designee, the complaint or observation shall be filed directly with the President of the College.

Paragraph 7. Submission of a complaint or report of sexual harassment or sexual violence will not affect the complainant's future employment, grades, or work assignments.

Section V. Investigation and Recommendation

Paragraph 1. The college administration shall, upon receiving any report alleging sexual harassment or sexual violence, immediately authorize an investigation. This investigation may be conducted by college administration or an appropriate designee. The investigator shall provide a written report of the status of the investigation within thirty (30) days to the College President. Failure of the college administration to forward any report of alleged sexual harassment or sexual violence to the President of the College will result in discipline consistent with the terms of any applicable collective bargaining agreement, individual contract, or statute.

Paragraph 2. In determining whether alleged conduct constitutes sexual harassment or sexual violence, the authorized investigator should look at the record as a whole and the totality of circumstances, such as the nature of sexual advances and the context in which the alleged incidents occurred. All alleged victims may have in their presence a support person of their choice or their attorney during all contacts with the college administration or authorized investigator.

Paragraph 3. The alleged victim or reporting party will be notified in a timely fashion in writing of the outcome of the investigation and of any disciplinary action taken.

Paragraph 4. The authorized investigator shall submit a report to the College President upon completion of the investigation.

Section VI. Discipline/Reprisal

Paragraph 1. Consistent with requirements of applicable college student and employee policies, collective bargaining agreements, and statutes, the college administration or College President will take such disciplinary action as it deems necessary and appropriate, including warning, suspension, or immediate discharge, to end sexual harassment/sexual violence found to exist and to prevent its recurrence.

Paragraph 2. The College will discipline any individual who:

  1. retaliates against any person who objects to alleged sexual harassment or sexual violence
  2. retaliates against any person who reports alleged sexual harassment or sexual violence
  3. retaliates against any person who testifies, assists or participates in any manner in any investigation, proceeding or hearing relating to the report alleging sexual harassment/sexual violence

Paragraph 3. A retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

Section VII. Right to Alternative Complaint Procedures

Paragraph 1. These procedures do not deny the right of any individual to pursue other avenues of recourse, which may include filing charges with the Minnesota Department of Human Rights, initiating civil action, or seeking redress under state criminal statutes and/or federal law.

Section VIII. Sexual Harassment or Sexual Violence as Sexual Abuse

Paragraph 1. Under certain circumstances, sexual harassment or sexual violence may constitute sexual abuse. In such situations, the College shall comply with MINNESOTA STATUTES 626.556, Reporting of Maltreatment of Minors.

Paragraph 2. Nothing in this policy will prohibit the College from taking immediate action to protect victims of alleged sexual abuse.

Section IX. Notification of Students and Employees of College Policy

Paragraph 1. In accordance with Minnesota state law, all students and employees of the College will be informed of the college policy on sexual harassment and sexual violence. At a minimum, the college policy will be distributed at student registration or orientation and employee workshops and will be posted at appropriate locations on campus at all times.

Section X. Rights and Duties of Victims of Sexual Harassment and Sexual Violence

Paragraph 1. Students and employees of the College who report an alleged incident(s) of sexual harassment and/or sexual violence to the college administration must be informed of their rights and duties to include:

  1. Victims must be informed of their rights under the Minnesota Crime Victims Bill of Rights and their right to assistance from the Crime Victims Reparations Board and the Office of the Crime Victims Ombudsman
  2. The Office of Crime Victims Ombudsman (OCVO) offers assistance to crime victims who feel that their rights have been violated or who feel that they have been treated unfairly by the criminal justice system or by victim assistance programs
  3. Crime victims who feel that their rights have been violated should contact the Office of Crime Victims Ombudsman at 651-282-6258 or call toll-free at 1-800-247-0390 during business hours

Section XI. Minnesota Crime Victims Bill of Rights

Paragraph 1. Victims of sexual harassment and sexual violence have the following rights:

RIGHT to be notified of:

  • Plea bargain agreements
  • Changes in court schedules, date, time, and place of sentencing
  • Final disposition of criminal case
  • Transfer of offender to less secure correctional facility
  • Release of offender from prison or institution
  • Escape and apprehension of offender from prison or institution
  • Victims Rights

RIGHT to participate in prosecution:

  • Right to inform court of impact of crime at pre-trial and sentencing
  • Right to have input in pre-trial diversion program
  • Right to object to plea bargain
  • Right to request speedy trial
  • Right to bring supportive person to pre-trial hearing
  • Right to attend sentencing
  • Right to give written objections to sentence

RIGHT to protection from harm:

  • Tampering with a witness is against Minnesota law
  • Witnesses do not have to give their addresses in court
  • Victims have the right to a secure waiting area during court
  • Employers may not discipline or dismiss victims or witnesses who are called to testify in court

RIGHT to apply for financial assistance:

  • Victims may be eligible for financial assistance from the state if they have suffered economic loss
  • Victims may request of the court that restitution be paid

Section XII. College Victims Rights in Sexual Assault Cases

Paragraph 1. College administration must file criminal charges with local law enforcement officials in sexual assault cases.

Paragraph 2. College administration will offer prompt assistance, at the request of the victim, in notifying appropriate law enforcement officials and disciplinary authorities of a sexual assault on campus.

Paragraph 3. College administration must provide a prompt and thorough investigation and resolution of all sexual assault complaints.

Paragraph 4. The sexual assault victim shall have the right to participate in any college disciplinary proceeding concerning his/her sexual assault complaint and shall have the right to the presence of the victim's attorney or other support person at the disciplinary proceeding.

Paragraph 5. In compliance with data privacy practices, college administration will notify the sexual assault victim of the outcome of any college disciplinary proceeding concerning his/her sexual assault complaint in a timely fashion upon the completion of the disciplinary proceeding.

Paragraph 6. At the direction of law enforcement authorities, college administration must provide complete and prompt assistance in obtaining, securing, and maintaining evidence in connection with a sexual assault incident.

Paragraph 7. College administration will preserve for a sexual assault complainant or victim all materials relevant to a college disciplinary proceeding.

Paragraph 8. At the request of the sexual assault victim, college administration must, in cooperation with the appropriate law enforcement authorities, shield the victim from unwanted contact with the alleged assailant including changes in course registration and transfer to alternative classes.


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