Policies and Related Information - Sexual Violence Policy

St. Cloud State University seeks a safe and healthy environment for all members of the University community and visitors. Thus, St. Cloud State University has developed a Sexual Violence Policy to provide clear and concise information regarding definitions, processes and procedures for reporting and resolving incidents. This policy is also an affirmation of St. Cloud State University’s commitment to providing resources for education, prevention, and support to assist victims of sexual assault.

St. Cloud State University recognizes that sexual assault is a serious problem that occurs among college students, as well as within other segments of society. The personal trauma experienced by victims and survivors and the nature of this crime undermines the trust essential in the process of obtaining an education and the fulfillment of St. Cloud State University’s mission. Our goal is to foster and provide an environment of mutual respect and concern, and a safe community in which learning and growth can occur.

Policy Statement St. Cloud State University prohibits sexual violence as it is an intolerable intrusion into the most personal and private rights of an individual. St. Cloud State University is committed to eliminating sexual violence in all forms. St. Cloud State University will take appropriate remedial action against any individual found responsible for acts in violation of this policy. Acts of sexual violence may also constitute violations of criminal or civil law, or other board policies that may require separate proceedings. To further its commitment against sexual violence, St. Cloud State University provides reporting options, internal mechanisms and processes for dispute resolution, education and prevention training, and a variety of related services that are confidential, including advocacy and counseling. In compliance with MnSCU policy 1B.1 and 1B.3 and procedure 1B1.1, review and action of on and off-campus complaints including, but not limited to sexual harassment, sexual violence, and/or some forms of stalking will be addressed by Ellyn Bartges, Title IX Coordinator, Administrative Services, room 102. Additional contact and policy information is located as www.stcloudstate.edu/affirmativeaction.

Application of Policy to Students, Employees, and Others This policy applies to all SCSU students, employees and others, where alleged incidents of sexual violence have occurred on SCSU property. Incidents of sexual violence alleged to have been committed by a student at a location other than on SCSU property are covered by this policy. Incidents of sexual violence alleged to have been committed by a St. Cloud State University employee at a location other than SCSU property are covered by this policy. Individuals alleged to have committed acts of sexual violence on SCSU property and who are not students or employees are subject to appropriate actions by SCSU including, but not limited to, criminal or civil action or both. Any individual may file a complaint or report under this policy.

Definitions
The following definitions apply to the Sexual Violence Policy:

Sexual violence. “Sexual violence” includes a continuum of conduct that includes sexual assault, and non-forcible sex acts, as well as aiding acts of sexual violence.

Sexual assault. "Sexual assault” means an actual, attempted or threatened sexual act with another person without that person’s consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under the Student Code of Conduct and employee disciplinary standards. Sexual assault includes, but is not limited to:

  1. Involvement without consent in any sexual act in which there is force, expressed or implied, or use of duress or deception upon the victim. Forced sexual intercourse is included in this definition, as are the acts commonly referred to as “date rape” or “acquaintance rape.” This definition also includes the coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another.
  2. Involvement in any sexual act, when the victim is unable to give consent.
  3. The intentional touching or coercing, forcing, or attempting to coerce or force another to touch an unwilling person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast).
  4. Offensive sexual behavior directed at another without that individual’s consent, such as indecent exposure or voyeurism.

Consent. “Consent” is defined as informed, freely given, and mutually understood. If there is coercion, intimidation, threats, and/ or physical force, there is no consent. There is no consent, if the Complainant is mentally or physically incapacitated or impaired so that the Complainant cannot understand the fact, nature, or extent of the sexual situation and the condition is known or should have been known by a reasonable person. This includes conditions due to alcohol and/or drug consumption, or being asleep or unconscious. Whether the Respondent has taken advantage of a position of influence over the victim may be a factor in determining consent. Additionally, St. Cloud State University recognizes that silence does not necessarily constitute consent, and past

Non-forcible sex acts.“Non-forcible acts” include unlawful sexual acts where consent is not relevant, such as sexual contact with an individual under the statutory age of consent, as defined by Minnesota law, or between persons who are related to each other within degrees wherein marriage is prohibited by law.

System property. “System property” means the facilities and land owned, leased, or under the primary control of Minnesota State Colleges and Universities System that includes St. Cloud State University, its Board of Trustees, and Office of the Chancellor.

Employee. “Employee” means any individual employed by the Minnesota State Colleges and Universities System that includes St. Cloud State University and Office of the

If You are a Victim of a Sexual Assault

Immediate Care and Assistance

  • Find a safe environment away from the assailant. Ask a trusted friend to stay with you. Remember, it’s not your fault you were assaulted.
  • Preserve evidence of the assault. Though you may want to, do not bathe or brush your teeth. Do not wash or get rid of any of the clothing that you were wearing. Write down as many details as you can recall.
  • Report the assault to the police and to one of the offices listed below. They can assist you with the report process.
  • Seek medical attention. It’s important to test for STDs and pregnancy and to have evidence collected, even if you don’t think you’re injured.
  • Call the SCSU Women’s Center or the Central Minnesota Sexual Assault Center for confidential support and advocacy. The staff specialize in victim advocacy and can assist you in outlining all of your options and in making informed decisions.

Resources and Advocacy

SCSU Women’s Center’s Gender Violence Prevention Program advocates are available during regular business hours. 320-308-4958. www.stcloudstate.edu/womenscenter

Central Minnesota Sexual Assault Center operates a 24 hour confidential crisis line. 320-251-4357.

SCSU Counseling and Psychological Services provides short-term counseling and referrals. 320-308-3171. www.stcloudstate.edu/counseling

Medical Services and Evidence Collection

St. Cloud Hospital Emergency Trauma Center provides medical services and evidence exams. The hospital is located at 1406 6th Avenue North in St. Cloud. 320-255-5656.

SCSU Student Health Services offers STD testing and treatment, emergency contraception, pregnancy testing and documentation of injuries. 320-308-3191. www.stcloudstate.edu/healthservices

Anna Marie’s Alliance provides services and safe housing for victims of domestic violence. 320-253-6900. www.annamaries.org

Reporting

SCSU Public Safety Department responds to emergencies on campus, provides documentation, and assists in reporting to the police. 320-308-3333. www.stcloudstate.edu/publicsafety

Student Life and Development, Atwood Memorial Center 219, takes reports of sexual assaults perpetrated by a student and provides information on the resolution process. 320-308-3111. www.stcloudstate.edu/sld

Office of Affirmative Action, Administrative Services 102, investigates sexual assaults when the alleged perpetrator is an employee or volunteer of the University. 320-308-5123. www.stcloudstate.edu/affirmativeaction

Reducing Your Risk of Sexual Violence

Pay Attention to Warning Signs. While there is no perfect profile of someone who will be sexually violent, there are some warning signs to pay attention to. These include:

  • Domineering, overly controlling behavior and language.
  • A tendency to disregard others' feelings and desires.
  • Expression of hostility towards potential partners.
  • The belief that certain actions entitle one to sex.
  • Intrusion into your personal space.
  • Touching you in a way that makes you feel uncomfortable.

Be Safe

  • You are not obligated to perform sexual acts as payment, as a favor, or in order to be a “real man” or a “good woman.”
  • Alcohol is a factor in many sexual assaults. It can impair your judgment and reduces your ability to recognize and react to warning signs.
  • Never leave your drink unattended. Someone can slip a drug into your drink to incapacitate you.
  • Be aware of the location of the blue lights on campus. Use the Sundowner or Late Nite buses if you live around campus. Avoid walking alone by calling a taxi. If you are walking alone on campus call for an escort from Public Safety at 308-3333.
  • Look out for your friends. Share class and social schedules.
  • Stay in a group when you go out.

Don’t Be a Bystander-Keep Others Safe

  • If you see a potentially dangerous situation, be willing to act, even if it means going against the crowd.
  • Talk to your friends ahead of time about how they would like you to intervene if they are in an uncomfortable situation.
  • Step in and separate the two people and let them know you are concerned.
  • Use a distraction to redirect the focus. “Hey, I need to talk to you.”
  • Recruit others to help intervene.

All students can play a role in combating sexual violence by holding perpetrators accountable, supporting the rights and choices of those who have been assaulted, and by making full use of campus resources.

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