MINNESOTA STATE COLLEGE – SOUTHEAST TECHNICAL

Red Wing CAMPUS

CAMPUS SECURITY REPORT - 2008

Minnesota State College-Southeast Technical-Red Wing Campus (MSC-ST-RW) encourages all students and college community members to be fully aware of the safety issues on campus and to take action to prevent and to report illegal and inappropriate activities. Personal safety practices are the foundation of a safe community.

Pursuant to the Student Right to Know and Campus Security Act, MSC-ST monitors criminal activity and publishes this report, maintains a three-year statistical history on campus, and at off campus property or facilities owned or rented by MSC-ST or recognized college organizations. The college will distribute a copy of and/or provide access to this report pursuant to Federal Law.

Minnesota State College-Southeast Technical has no authority to require the Red Wing Police Department, Goodhue County Sheriff's Office or the judicial court process to take any action in connection with a reported crime. Minnesota State College-Southeast Technical encourages prosecution of all criminal violations through the criminal courts and, if appropriate, the campus conduct process for violations committed on campus by other students.

The college currently has a number of policies and procedures relating to campus security and safety, and it expressly reserves the right to modify them or adopt additional policies or procedures at any time without notice. Such changes may appear in successive issues of this report.

1. CRIME REPORTING POLICIES

Policies

A. All criminal incidents should be reported to the Provost (Campus Security Authority), Minnesota State College-Southeast Technical, Red Wing, MN 55066, phone 651-385-6307 and/or the Red Wing Police Department, phone 651-385-3155.

B. Security works closely with the Red Wing Police Department, Goodhue County Sheriff's Department, and State and Federal agencies to track and respond to campus criminal activity.

C. Criminal reports and any statement relating to these reports made to Security will be forwarded to the Red Wing Police Department.

D. Security maintains a daily log that lists the identifying report number, initial classification, date, time, general location and, if known, the disposition of each criminal report within two business days of the report being received by Security. This information may be delayed in being placed on the daily log in cases where such disclosure is prohibited by the Minnesota Data Privacy Act or where such disclosure may jeopardize the confidentiality of the victim.

E. When alleged perpetrators are identified as students, the case will be forwarded to the Conduct Officer for investigation and appropriate action. Criminal investigation, arrest and prosecution can occur independently and at the same time as the campus judicial process.

F. Security will assist the Red Wing Police Department in any investigation as may be requested.

G. All allegations will be investigated, if feasible. If Security or the Red Wing Police Department concludes that the allegations reported are not substantiated by the facts or the law, no campus crime need be disclosed as a statistic (Federal Register, April 29, 1994).

H. Reports will be classified by the designated Campus Security Authority in conjunction with the appropriate police agency according to the FBI Uniform Crime Report Definitions.

I. MSC-ST monitors and records student criminal activity at both on and off campus locations of student organizations recognized by the college. 

J. The college normally requires a written complaint and the assistance of the complainant in the disciplinary process, unless the college determines that there is a clear danger to the victim and/or the campus community.

K. Individuals reporting criminal complaints to Security and wishing to file a complaint with the Red Wing Police Department will be provided with assistance from Security upon request.

L. The Campus Security Authority will serve as the primary liaison for Security with all law enforcement agencies.

M. MSC-ST will issue an annual report of criminal reports made to Security and other law enforcement agencies for crimes occurring on college property or facilities. The annual report includes reported crimes alleged to have occurred on the campus and facilities owned or rented by MSC-ST-RW and/or recognized student organizations. Additionally crimes reported to have occurred on public property immediately adjacent to the campus are also reported. It includes the following reports of crime:

   1. Murder & Non-Negligent Manslaughter
   2. Negligent Manslaughter
   3. Aggravated Assault
   4. Burglary
   5. Robbery
   6. Motor Vehicle Theft
   7. Arson
   8. Sexual Assault
        a. Forcible Rape
        b. Forcible Sodomy
        c. Sexual Assault with an object
        d. Forcible Fondling
        e. Non-Forcible Sex Offenses (Incest & Statutory Rape)
   9. Alcohol Arrests
 10. Drug Arrests
 11. Weapons Arrests
 12. Disciplinary Referrals for alcohol, drug and weapons violations
 13. Bias Motivated Crimes

N.  When reports are made to the Campus Security Authority, Minnesota State College-Southeast Technical will decide if a safety threat continues to exist to the campus community. If a threat continues to exist, a warning will be sent out informing the campus community.

Reporting Procedures:

A. All criminal activity occurring on campus should be reported immediately to Minnesota State College-Southeast Technical, phone 651-385-6307 and/or the Red Wing Police Department, phone 651-385-3155. MSC-ST will assist the complainant in completing criminal reports. These reports will also be forwarded to the Red Wing Police Department. In appropriate cases, reports will also be shared with the Campus Conduct Officer. MSC-ST will assist the Red Wing Police Department with investigations.

B. Every effort should be made to ensure that physical evidence is maintained and protected. Immediate reports will assist in preserving evidence.

1. Obtain a description of the offender(s), including sex, age, race, hair, clothing and other distinguishable features. Attempt to obtain a description and license number of any vehicle involved. Note the direction taken by the offenders or vehicles and report those to Security or the police.

2. Preserve the crime scene. Do not touch any items involved in the incident. Close off the area of the incident and do not allow anyone in the crime scene until Security or police arrive.

3. Security will accept third-party reports in cases of sexual assault in order to protect the victim's identity.

C. All employees, faculty or staff who become aware of an allegation of violation of Minnesota State College -Southeast Technical policy, student code of conduct, civil or criminal law should report the allegation to their supervisor and Security. The following people with "significant responsibility" for student and campus activities must report potential criminal activity of which they are aware to Security:

President, Provost, Director of Finance, Dean of Academic Affairs, Director of College Advancement, Director of Nursing, Bookstore Manager, Director of Admissions, Career/Grants Coordinator, Director of Security, Security Guards, Director of Learning Resources, Academic Directors, Affirmative Action Officer, Assistant to the Academic Vice-President, Alumni Director, Director of Career Planning and Placement Services, Deans, Department Chairs, Disability Services Coordinator, Financial Aid Director, Health Center Director, International Student Advisory, Nurses, Human Resource Director, President, Registrar, Security Guards, Vice President for Academic Affairs, Vice President of Administrative Affairs.

These individuals should not attempt to investigate, but should instead report and allow Security to investigate.

Licensed and pastoral counselors are exempted from these reporting procedures.

D. All persons in the MSC-ST community are encouraged to assist anyone in reporting alleged criminal activity by contacting Security and/or the Red Wing Police Department as well as providing assistance in making the report.

E. Student organizations with control of any facility are encouraged to report safety and security concerns to the Vice President of Student Affairs, Minnesota State College-Southeast Technical,  phone 507 453-2711.

F. According to the Federal Register, the function of these administrators (significant responsibility) is not to determine whether a crime took place. That is the function of the law enforcement professionals working within the criminal justice system, but with respect to these regulations to report the alleged crime, that was received in good faith, to the appropriate law enforcement personnel, either campus or local police.

G. Failure to report criminal activity to Security in a timely manner may result in disciplinary action by the College.

H. When reports are made to Security, the designated Campus Security Authority shall determine if a threat continues to exist to the campus community. If it is determined that such a threat continues to exist, a warning will be sent out, via appropriate methods, informing the campus community.

I. College employees and students, who are not members of the Security staff, are encouraged to assist anyone reporting alleged criminal activity in contacting Security and/or the Red Wing Police Department in order to file a criminal report.

MSC-ST’s Response to Reports:

A. All allegations occurring at MSC-ST-RW will be investigated. These investigations may be made in conjunction with the Red Wing Police Department or the Goodhue County Sheriff's Department.

B. The Campus Security Authority will classify reports in conjunction with the appropriate police agency according to the FBI Uniform Crime Reporting Definitions.

C. When alleged perpetrators are identified as students, the case will be forwarded to the Conduct Officer for investigation and appropriate action. Criminal investigations, arrests and prosecution can occur independently, before, during or after the campus judicial process.

D. The college will issue a timely warning to members of the campus community in cases where the designated Campus Security Authority (or designee) determines there is a continuing threat to the campus community. In such cases, warnings may be published through campus bulletins, campus radio stations, campus newspaper, residence hall postings, electronic mail, etc.

 

 

2.  POLICIES CONCERNING SAFETY OF AN ACCESS TO CAMPUS FACILITIES

A. Personal Safety Recommendations:

1. Security staff is available to assist you in protecting yourself by providing crime prevention programs and services. However, only you can protect yourself by being aware of your surroundings and taking appropriate steps in preventing crime from happening.

2. Protect your room or apartment: Lock your door even if you are only going out for a short time or only going a short distance. It only takes eight seconds to walk into your open room and steal your valuables.

3. Always lock your door when you are asleep. You are also encouraged to lock your door when you are awake.

4. Do not prop open locked exterior building doors. These doors are locked for your protection and protection of other residents.

5. Never open exterior doors of the building for strangers or non-residents. Always escort your guests to and from the building.

6. Do not loan your keys to anyone, even a classmate or a friend. They may not be careful with them and may misplace them, giving the wrong person access.

7. Do not leave your keys lying around in public places or in your jacket pocket when you are not wearing it.

8. Do not put your name or address on key rings as they may be used to steal your property if found by the wrong person.

B. Protect your property:

1. Participate in Operation Identification by engraving your Operation Identification number on your valuables. Security can loan engraving equipment and assist in marking your property.

2. Personal property (purses, briefcases, calculators, computers, etc.) should never be left unattended. Take such items with you if you are leaving the office, classroom, or any other unsecured location.

3. Lock your door whenever you leave your room or office. Always lock your door when sleeping. Always lock your car doors.

4. Protect all valuables in your room or office. Do not leave valuables in plain view.

5. Take valuables home with you during vacation.

6. You are encouraged to open a savings or checking account rather than allow large sums of money to accumulate in your room. If you open a checking account, remember the number of the last check written. The theft of a single check can go undetected until a bank statement discloses a forgery.

7. Park your bike where you can keep an eye on it if possible. Always lock your bike. There are several good anti-theft devices available. Casehardened heavy locks and chains afford the best protection.

3. PROTECT YOUR AUTOMOBILE

A. Always lock your car doors and never leave your keys in the vehicle.

B. Try to park you car in a well-lit area.

C. Avoid leaving property where it is visible.

D. For an escort, contact security at the front reception desk.

4. PROTECT YOURSELF AT NIGHT:

A. Avoid walking alone at night.

B. Refrain from taking shortcuts, walk where there is plenty of light and traffic.

C. Walk with a friend

D. For an escort, contact security at the front reception desk.

5. PROTECT YOURSELF WALKING AND JOGGING

A. Walk along well-lit routes.

B. Be alert to your surroundings. If you suspect your are being followed, run in a different direction, go to the other side of the street and yell for help, or head quickly for a lighted area or a group of people.

C. Have your keys ready when returning to your residence hall or apartment, and keep your personal valuables concealed and close to your body.

6. HELP US PROTECT YOU

A. Watch for suspicious persons in and around campus buildings and in parking lots. Do not pursue them. Call Security immediately. Call Security if you should enter your room and find a stranger, regardless of the "cover story" supplied.

B. If you see any suspicious activity or people on or near campus, call the Red Wing Police Department (911). If dialing from a campus phone, you must dial 9-911. Do not assume that what you observe is an innocent activity or that it has already been reported.

C.  Do not assume the person is a visitor or college staff member that you haven't seen before.

D. Suspicious people may be loitering about at unusual hours and locations, running, especially if something of value is being carried or exhibiting unusual mental or physical symptoms. Persons could be under the influence of drugs or otherwise needing medical or psychiatric assistance. They may be carrying property that may be suspicious, depending on the circumstances, going room to room trying door handles. Door-to-door soliciting is not permitted on campus. Violations of this rule should be reported to Security or administration immediately.

E. Report all thefts and property loss immediately to Security or the Red Wing Police Department.

F. Be security conscious at all times.

 

 

7. SECURITY CONSIDERATIONS OF CAMPUS FACILITIES

A. The MSC-ST-RW campus is for the use of the students, faculty, staff and their guests and those on official business with MSC-ST. All others are subject to being charged with trespassing.

B. Access to campus buildings is limited to normal business hours.

C. Students, faculty, staff and visitors are encouraged to report needed repairs to maintenance.

8. POLICIES AND PROCEDURES FOR SAFE ACCESS TO BUILDINGS

A. Keys are issued to authorized faculty, staff and students only.

B. Exterior building doors should not be propped open when the doors are locked.

C. Academic and other buildings owned and/or controlled by MSC-ST are normally open from 7:00 a.m. until after evening classes and for scheduled weekend classes and special events. Employees and students in buildings after normal working hours should have a College I.D. in their possession and present the I.D. when requested.

D. Building evacuation is mandatory for all fire alarms.

E. Problems related to people in buildings after hours should be reported to Security.

9. POLICIES CONCERNING LAW ENFORCEMENT

A. Security staff are employees of Minnesota State College-Southeast Technical; they are not certified or sworn peace officers. Security staff is authorized, when appropriate, to make a citizen's arrest. Typically such arrests are made only in the presence of licensed police officers.

B. Security works closely with the Red Wing Police Department, Goodhue County Sheriff's Department, State and Federal law enforcement agencies to track and respond to campus criminal activity.

C. Report all crimes immediately: All criminal activity on the MSC-ST campus should be reported to the Provost, 308 Pioneer Road, Red Wing, MN 55066, phone 651-385-6307 and/or the Red Wing Police Department (507-385-3155).

D. Security will assist the complainant in completing criminal reports.

E. Security will accept third party reports in certain cases, like sex offenses. MSC-ST prefers to receive reports from the victim as the detail is often more accurate when received directly from the victim.

F. Maintain all physical evidence. Do not wash or destroy what may be critical evidence.

G. Report as much detail as possible to ensure accurate reporting. If you are a victim of a crime. Your immediate recall of the event is often the best. Write down as much information as you can remember after a crime. If you cannot identify the perpetrator by name, try to recall as many details as possible, including:

1. Gender
2. Approximate age
3. Height
4. Weight/build
5. Description of face including eye color, hair color, hair styles (short, curly, etc.)
6. Dress/clothing
7. Facial hair
8. Glasses
9. Distinguishing marks including scars
10. Distinguishing gait
11. Voice

10. ANNUAL REPORT POLICY

A. Minnesota State College-Southeast Technical-Red Wing Annual Security Report includes criminal reports made to Security and/or the Red Wing Police Department for the Red Wing Campus. The Annual Security Report includes reported crimes alleged to have occurred on the campus and facilities owned or rented by MSC-ST and/or recognized student organizations. As required, reported crime will also be identified by location of occurrence.

1. Murder
2. Non-negligent manslaughter
3. Negligent manslaughter
4. Sex Offenses
       Forcible
       Non-Forcible
5. Robbery
6. Aggravated assault
7. Burglary
8. Motor Vehicle Theft
9. Arson

MSC-ST will report if any of the above criminal reports are also hate crimes. These reports shall be classified according to category of prejudice including race, gender, religion, sexual orientation, ethnicity or disability.

B. MSC-ST reports the number of arrests on campus to the extent that the college is able to obtain such information from the Red Wing Police Department and the Goodhue County Sheriff's Department.

1. Liquor Law Violations
2. Drug Abuse Violations
3. Weapons Possession Violations

C. Campus Disciplinary Referrals: MSC-ST reports the number of persons referred for campus disciplinary action for:

1. Liquor Law Violations
2. Drug Abuse Violations
3. Weapons Possession Violations

D. Crime Classification: The designated Campus Security Authority serves as the primary liaison concerning campus safety, criminal activity and security services with all law enforcement agencies. The Campus Security Authority or his/her designee shall make classification decisions concerning campus criminal reports. The Campus Security Authority shall defer to local law enforcement professionals and/or legal professionals when there is a doubt about appropriate classification. MSC-ST also follows the FBI Uniform Crime Report "hierarchy rule". In reports with multiple alleged crimes, only the most serious will be listed.

11. DEFINITIONS

A. Campus: any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls, and any building or property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes.

B. Student Residences: a subset of "On Campus" crimes which includes only those crimes that were reported to have occurred in residence halls or other residential facilities.

C. Noncampus Buildings or Property: any building or property owned or controlled by a student organization recognized by the institution; or any building or property (other than a branch campus) owned or controlled by an institution that is used in direct support of, or in relation to the institution's educational purposes; is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

D. Public Property: (1) all public property, including Red Wing streets, sidewalks, and parking facilities, that is within the outer perimeter surrounding all property and buildings on the campus of the institution that are adjacent to one another; (2) any sidewalk, street or parking facility immediately adjacent to any property or building on the outer perimeter described in clause (1); and (3) any street, sidewalk or parking facility immediately adjacent to any facility or property within the same reasonably contiguous geographic area that is outside the perimeter described in clause (1) and is used by the institution in direct support of, or in a manner related to the institution's educational purpose.

E. A Business Day: is defined as Monday through Friday, excluding any day when the institution is closed.

F. Referred For Campus Disciplinary Action: Written referral of any student to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of sanctions.

G. Campus Security Authority: (1) A police or campus security department maintained by an institution. (2) An individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses. (3) An official of an institution who has significant responsibility for student campus activities, including, but not limited to, student housing, activities, student discipline and campus judicial proceedings.

H. Professional Counselor: An employee of an institution whose primary responsibility is providing psychological counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification.

12. AUTHORITY

Security staff are employees of Minnesota State College-Southeast Technical and are not certified or sworn peace officers, but are authorized, when appropriate, to make a citizen's arrest. Normally, a citizen's arrest is made only in the presence of a police officer.

13. CRIME PREVENTION PROGRAMMING

Minnesota State College-Southeast Technical provides a variety of crime prevention program and services.  Information on programs and services can be obtained from the Vice President of Student Affairs or on the Minnesota State College-Southeast Technical web site.

A.     Annual Report Distribution: Minnesota State College-Southeast Technical will notify all students, faculty, and staff of how to obtain a copy of the Campus Security Act by October 1st. The Campus Security Act may also be viewed on the following web site: http://www.southeastmn.edu/data/rwSecurity.htm.

(The Campus Security Act for MSC-ST’s Winona campuses can be viewed on the following website at http://southeastmn.edu/data/winSecurity.htm.)

B. Past Annual Reports: Copies of Minnesota State College-Southeast Technical past Annual Reports may be obtained by contacting the Director of Security, 507-453-2741 or email: dwalski@southeastmn.edu.

Assistance: In cases where the alleged perpetrator is a student and taking the same classes as the complainant, the complainant may request Minnesota State College-Southeast Technical Registrar to change class schedules. Such requests will be granted if reasonably available and if a complaint has been filed with MSC-ST and/or the Red Wing Police Department. If desired, Security staff will assist individuals in making a report to the Red Wing Police Department.

C. Educational Programming: Security provides assistance in presenting programs on campus safety and security. Security develops and will present educational programs in the areas of crime prevention, sexual assault awareness, self-defense, annoying phone calls, personal safety, etc. Security has available brochures, flyers, pamphlets, movies, videos and posters concerning various safety and security issues. Minnesota State College-Southeast Technical will provide and/or coordinate security related seminars upon request.

D. Campus Crime Timely Warning:   If the designated Campus Security Authority determines that a crime or series of crimes pose a continuing threat or danger to the college community, the college will publish a warning through any or all of the following; campus bulletins, campus radio stations, campus newspaper, electronic mail, etc.

E. Escort:  Escort service is available by contacting security at the front reception desk.

F. Patrol:  Minnesota State College-Southeast Technical provides security patrols on campus during designated times. For more information contact the Vice President of Student Affairs, phone 507 453-2711.

14. STUDENT DISCIPLINE

Individuals or individual members of organizations in violation of the rules and regulations of the college are subject to disciplinary action.

15. REPORTING OF SEXUAL OFFENSES AND HARASSMENT

 Policy:  Minnesota State College-Southeast Technical’s policy on sexual harassment is governed by the Minnesota State Colleges and Universities System's policy. Minnesota State Colleges and Universities (MnSCU) are committed to a policy of nondiscrimination in employment and education opportunity. No person shall be discriminated against in the terms and conditions of employment, personnel practices, or access to and participation in, programs, services, and activities with regard to race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, or membership or activity in a local commission as defined by law.

Harassment of an individual or group on the basis of race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, or sexual orientation, or membership or activity in a local commission has no place in a learning or work environment and is prohibited. Sexual violence has no place in a learning or work environment. Further, the Minnesota State Colleges and Universities shall work to eliminate violence in all forms. Contact by designated system, college, and university staff members may be appropriate if necessary to avoid physical harm to persons or property.

This policy is directed at verbal and physical conduct that constitutes discrimination/harassment under state and federal law and is not directed at the content of speech. In cases in which verbal statements and other forms of expression are involved, MnSCU will give due consideration to an individual's constitutionally protected right to free speech and academic freedom.

In support of the system policy, Minnesota State College-Southeast Technical reaffirms the policy that sexual harassment, including violence, abuse and harassment will not be tolerated. Every effort will be made to assure that all members of the college community are provided an atmosphere free from sexual harassment. To prevent sexual offenses and harassment, educational efforts will be undertaken to inform employees and students of their responsibilities regarding such behavior, how to identify and eliminate sexual harassment and what steps can be taken if instances of sexual harassment are experienced.

Minnesota State College-Southeast Technical conducts a number of programs aimed at preventing sexual offenses and making the community aware of the potential of such crimes. These programs include conducting nightly security patrols of the campus, providing escorts, inspecting the campus for potential dangerous areas and implementing programs to inspect campus lighting and shrubbery.

Procedure:  Contact the designated campus security authority at MSC-ST (507 453-2711) or 651-385-6307 and/or the Red Wing Police Department (651-385-3155) as soon as possible after the offense. Please remember it is most important to preserve evidence. Do not bathe, douche, use the toilet, or change clothing. Note everything about the location. If you have been sexually assaulted, you should seek medical attention immediately regardless of whether you want to report the matter to the police or Security.

Every attempt is made to maintain the anonymity of the sexual assault survivor. Security will attempt to provide support for sexual assault survivors. Each report of a sexual assault will be investigated in order to provide better protection to the survivor and all members of the campus community. Sexual assault survivors should be aware of the need of the college to release information regarding the fact that an assault has occurred for the protection and safety of others. Information concerning the identity, address and other personal information of the sexual assault survivor will not be released.

Sexual assault survivors have the right to have reports made to the Red Wing Police Department.  Security will assist the survivor in making this report if the survivor so wishes. In these situations, the name of the complainant will not be forwarded unless approved by the survivor. Third party and anonymous reports may prevent the college and law enforcement from actively investigating the criminal activity.

If the Campus Security Authority (or designee) determines that a threat continues to exist for the community, information about the reported sexual assault will be reported to the campus community whether reported by a sexual survivor or through a third party report. As much detail as possible regarding location, date and time of the assault, and any information which might help identify the assailant will be reported. Security will inform the campus community of the reported sexual assault by posters, appropriate notices, campus newspaper, radio stations, local media, electronic mail and others.

Each report will be taken as presented by the complainant. Appropriate criminal classifications will be determined after a review of all facts by Security and the Red Wing Police Department.

The college will take appropriate action to safeguard the alleged survivor and, at the same time, protect the rights of the alleged perpetrator. If the survivor of a sexual assault requests, the college will attempt to provide, if reasonably available, alternative housing for on-campus residents as well as a change in classes.

The college will normally not take any disciplinary action against any member of the campus community without a written complaint and the assistance of the complainant in the disciplinary process, unless the college determines there is a clear danger to the victim or the campus community.

Procedures for Campus Disciplinary Action for Sex Offenses:

1. The college disciplinary process is an option for any person wishing to report a case of student misconduct. In order for Minnesota State College-Southeast Technical to proceed, (whether by a victim or a third party) a report must be filed with the Conduct Officer. If the complaint is criminal in nature, it will also be forwarded to Security and/or the Red Wing Police Department.

2. There are different standards of proof in the college conduct proceedings than in possible criminal action. The college conduct proceeding determines whether the accused's status as a student will be altered, whereas the criminal process determines if there will be limitations on the accused's liberty.

3. Both the accuser and the accused are entitled to have others present (an advocate or an advisor) during the disciplinary proceeding. This person may not, however, speak in your place or ask questions of witnesses.

4. Both the accuser and the accused have the right to call a reasonable number of witnesses and shall have the right to question witnesses during the hearing.

5. Both the accuser and the accused have the right to request in advance the names of witnesses and shall have the right to question witnesses during the hearing.

6. Both the accuser and accused shall be informed of the outcome of the college disciplinary proceeding concerning the complaint of sexual offense. This information should not be disclosed to the general public.

7. Students found guilty of violations of serious cases, such as rape or other forcible or non-forcible sex offenses are subject to suspension, expulsion, or eviction from student housing in addition to other possible college sanctions. See the Student Conduct Code listed in the Student Handbook for a complete description of sanctions.

8. Both the accuser and the accused will be informed of the outcomes of any campus disciplinary proceeding concerning the complaint of a sexual offense according to Minnesota Government Data Practices, Minnesota Statute Chapter 13. This information should not be disclosed to the public generally.

16. POLICY REGARDING THE ILLEGALITY OF ALCOHOLIC BEVERAGES ON CAMPUS AND ENFORCEMENT OF UNDERAGE DRINKING

A. Minnesota State College-Southeast Technical forbids the use, consumption, possession, manufacture, sale, transportation or furnishing of alcoholic beverages on campus. MSC-ST-RW also forbids the maintenance of unlawful drinking places on campus. This prohibition of possession or consumption of alcoholic beverages on campus applies regardless of age.

B. MSC-ST enforces the Minnesota drinking laws, including the prohibition of use by persons less than 21 years of age. Possession or consumption of alcohol on campus is prohibited by Minnesota State College- Southeast Technical and may result in student disciplinary proceedings and/or arrest.

17. POLICY REGARDING THE ILLEGALITY OF DRUGS ON CAMPUS AND THE ENFORCEMENT OF FEDERAL AND STATE DRUG LAWS

A. Minnesota State College-Southeast Technical forbids the sale of illegal drugs on campus. This includes but is not limited to possession, sale, use, growing, manufacturing and making of narcotic drugs.

B. Minnesota State College-Southeast Technical enforces both Minnesota and Federal drug laws regarding the use, possession, and sale of illegal drugs.

18. DRUG AND ALCOHOL ABUSE EDUCATION PROGRAMS

A. The purpose of this policy is to set forth the college’s policy regarding alcohol and other drug use, including unlawful drug use or abuse in the workplace in accordance with the Drug Free Workplace Act of 1988 (Public Law 100-690, title V, Subtitle D) and Drug Free Schools and Communities Act Amendments of 1989 (Public Law 101-226).

B. The college recognizes the reality of chemical dependency and is aware of its occasional presence in the college community. As a safeguard against this dependency, numerous organizations provide prevention programs to the Minnesota State College-Southeast Technical community.

C. The college encourages and provides reasonable assistance to any student, faculty or staff member who seeks information on chemical dependency or treatment for chemical dependency. Various departments, including Student Life, Security, and Counseling Center provide information on prevention programs for those seeking help with substance abuse.

19. BUILDING ACCESS & MAINTENANCE

A. Minnesota State College-Southeast Technical is for the use of the faculty, students, staff, their escorted guests and those on official business with the college. Visitors are reminded that access to campus buildings is limited to normal business hours.

B. Students, faculty, staff and visitors are encouraged to report needed repairs to the MSC-ST-RW maintenance department.

C. The following guidelines are designed to provide maximum security and protection for all concerned and still provide convenient access to buildings.

1. Keys are issued to authorized faculty, staff and students only.

2. Exterior building doors should not be blocked open when the doors are locked.

3. Building evacuation is mandatory for all fire alarms.

4. Minnesota State College-Southeast Technical is generally open between the hours of 7:00 a.m. – 10:00 p.m.

20. FIRE SAFETY

A. If You Discover Or Suspect A Fire:

1. Pull a fire alarm station if the alarm has not already been activated. As you exit, knock on as many doors as you can and shout a warning to the occupants of the building.

2. Leave the building immediately.

3. Attempt rescue efforts only if there is no immediate or foreseeable danger to yourself. Otherwise, immediately inform the Red Wing Fire Department or the Red Wing Police Department (9-911 from a campus phone).

4. Do not enter the building without a fire official's permission.

B. If You Are In A Burning Building:

1. If there is smoke in the room, remain next to the floor.

2. If possible, put a wet towel over your mouth and nose.

3. Before passing through any entrances feel the door. If it is hot, do not open it.

4. If you can open the door (if it is not hot to the touch), brace yourself against the door and open it slowly in order to make sure that there is not heat or heavy smoke on the other side. If there is, close it immediately.

5. If you are able to leave the room through the door, close it as you exit.

6. Go to the nearest exit or stairway. Do not use an elevator.

7. If the nearest exit is blocked by fire, heat or smoke, go to an alternate exit.

8. If all exits on the floor are blocked, go back to your room, close the door, open the window as described below, wave something out the window and shout for help.

9. Open the windows from the top, if possible (to let out the smoke and heat) and then from the bottom (to let in the fresh air).

10. After evacuating the building, stand clear of it.

21. CAMPUS SECURITY ACT: MINNESOTA STATE COLLEGE-SOUTHEAST TECHNICAL-RED WING

MSC-ST recognizes providing the safest environment possible is an integral element of the college’s educational mission and annually publishes a Campus Security Report that is available to everyone. This report provides statements of policy for a broad range of safety and security programs including crime prevention programs, crime prevention and reporting, personal safety, community relations, environmental safety, enforcement authority, and response and a 3-year statistical review of designated crimes on campus. A printed copy of this report can be obtained, at no charge, from the Director of Security, Minnesota State College-Southeast Technical, phone 507 453-2711.

 

 

22.  STUDENT CODE OF CONDUCT                    

 

Minnesota State College-Southeast Technical offers each student the freedom to learn and the freedom to enjoy college life in an orderly and lawful manner.  In return, Minnesota State College-Southeast Technical expects every student to assume the obligation and responsibilities that accompany those freedoms.  By enrollment at the Minnesota State College-Southeast Technical, students assume the obligation and responsibility of conducting themselves in accordance with reasonable and lawful requirements.  Violations of these responsibilities may result in sanctions that can include warning, probation, suspension, or expulsion from the college.

 

Students have the right to establish their own personal life and behavior so long as they do not violate college regulations or interfere with the rights of others or the educational process. Minnesota State College-Southeast Technical has both the right and responsibility to protect members of its community from both physical harm and property damage.

 

Students, by their associations with Minnesota State College-Southeast Technical, will abide by college conduct policies.  However, this code of student conduct does not replace nor does it reduce any requirements of civil or criminal law imposed upon citizens as members of the larger community.  Therefore, students who violate civil or criminal law may be subject to both legal and college sanctions for the same conduct when the conduct occurs off campus but is related to the college community.

 

Students may be held accountable for violations of the behaviors committed off campus when the violation is committed while participating in a college sanctioned or sponsored activity; or the victim of the violation is a member of the college community; or the violation adversely impacts the educational, research, or service functions of the college.

 

Further information concerning student conduct can be found in the "Student Handbook".

 

23.  INCLEMENT WEATHER

 

The following procedure is followed when it becomes necessary to close the college or cancel academic or non-academic activities, or delay the opening of the college due to inclement weather or other emergency conditions.

 

Closing the College: Closing the college means to close all operations other than those operations deemed essential to the protection of life and property.  Closing the college results in the cancellation of classes, student, faculty and staff activities, and meetings.  All general offices are closed.

 

Delayed Opening: Delayed opening refers to closing of all operations for a designated period of time other than those operations deemed essential to the protection of life and property.

 

Cancellation of Classes and/or Activities: Cancellation of classes (off-campus or on-campus) means to cancel one, several, or all classes, in the absence of officially closing the entire university/college.  In accordance with MnSCU Policy 4.4, the authority to close the college campus, cancel classes or other activities when weather or other emergency exists resides with the college president or president's designee.  The closure of the state agencies by the Commissioner of the Department of Employee Relations does not apply to Minnesota State College-Southeast Technical.

 

24.  SEXUAL HARASSMENT AND SEXUAL VIOLENCE POLICY

Minnesota State College-Southeast Technical is committed to ensuring an educational environment free of sexual violence/assault. Acts of sexual violence, assault, or abuse such as rape, acquaintance rape, or other forms of non-consensual sexual activity will not be tolerated on campus. Such acts are criminal behaviors and create an environment contrary to the goals and missions of the college. These acts will be swiftly investigated and will subject an individual to complaints and disciplinary sanctions under the system's complaint procedure of student conduct codes as well as possible referral to appropriate law enforcement agencies.

General Statement of PolicyS

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.

 

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.

 

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.

 

Sexual Harassment/Sexual Violence Defined:

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.

 

Sexual violence is a physical act of aggression.  It is a 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 and attempting to or actually raping you.

 

Consenting romantic and/or sexual relationships between persons of unequal power such as a 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.

 

Reporting Procedures:

Victims of alleged sexual harassment or sexual violence and third person/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 in this report.  These contact persons are also named in the campus catalog and student handbook.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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

 

Investigation and Recommendation:

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 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 applicable collective bargaining agreement, individual contract, or statute.

 

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

 

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

 

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

 

Discipline/Reprisal:

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.

 

The College will discipline any individual who: retaliates against any person who objects to alleged sexual harassment or sexual violence; retaliates against any person who reports alleged sexual harassment or sexual violence; 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; retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

 

Right To Alternative Complaint Procedures:

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.

Sexual Harassment or Sexual Violence as Sexual Abuse:

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.

 

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

 

Notification of Students and Employees of College Policy:

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.

 

Rights and Duties of Victims of Sexual Harassment and Sexual Violence:

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:

 

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.

 

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.

 

Crime victims who feel that their rights have been violated should contact the Office of Crime Victims Ombudsman at 651-282-6258.

 

College Victims Rights in Sexual Assault Cases:

Victims' Rights - Victims of sexual violence occurring on property owned by the Minnesota State Colleges and Universities (MnSCU) will be informed of their rights under Minnesota State Statutes. These rights include the following:

1. The victim has the right to file criminal charges with local law enforcement officials.

2. Local campus authorities, at the request of the victim, will provide assistance in notifying the appropriate law enforcement officials and disciplinary authorities of any incident of sexual assault.

3. At the direction of law enforcement authorities, the security office will provide complete and prompt assistance in obtaining, securing and maintaining evidence in connection with an incident of sexual assault.

4. Campus authorities will provide assistance to the sexual assault victim or complainant in preserving materials relevant to a campus disciplinary proceeding.

5. All sexual assault complaints will be investigated and resolved by the appropriate campus disciplinary authorities.

6. The victim may be accompanied by an attorney or other support person at, and may participate in, any campus disciplinary proceeding concerning the sexual assault complaint.

7. The victim will be informed of the outcome of any campus disciplinary proceeding concerning the sexual assault complaint, consistent with laws relating to data practices.

8. At the request of the sexual assault victim, college authorities in cooperation with appropriate law enforcement authorities will provide assistance in shielding the victim from unwanted contact with the alleged assailant, including transferring the victim to alternate classes.  Minnesota State College-Southeast Technical will also assist MSC-ST students who reside on property owned by Minnesota State College-Southeast Technical with alternate housing arrangements if alternate classes or housing is available and feasible.

9. Campus authorities will inform sexual assault victims of their rights to assistance from the office of the Crime Victim Ombudsman and the Crime Victims Reparations Board and will provide assistance in contacting these offices. 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.

 

 

25.   WINONA STATE UNIVERSITY’S CAMPUS SECURITY REPORT

 

 A small number of students of Minnesota State College-Southeast Technical reside within the residence halls of Winona State University.  Winona State University’s Campus Security Report should be reviewed to ensure they are aware of crime prevention programs, safety issues and crime statistics for the University.  Questions can be directed to the Director of Security, Sheehan Hall, Winona State University, Winona, MN  55987, and phone: 507-457-55