Office for Institutional Equity & Access

Reporting Sexual Violence & Definitions under Title IX

When to report

There is no time limit to report incidences of sexual violence and sexual assault to the university. However, it is strongly encouraged that a complainant report to a medical professional, the Women’s Center or Counseling and Psychological Services for assistance as soon as possible. These professionals are not required to report to a supervisor unless the complainant is a minor or a vulnerable adult.

Who can report?

Anyone who believes that an educational institution has discriminated against student(s) on the basis of sex or gender. The person filing the complaint need not be a complainant of the alleged discrimination but may complain on behalf of another person.

Who/Where to report?

Members of the campus community should report possible cases of sexual assault, sexual violence, coercion, rape and/or harassment discrimination based on gender or sex to an immediate supervisor (the person who is your “boss”), Public Safety, SCPD And/or the campus Title IX Coordinator: Dr. Ellyn L. Bartges at Email: oea@stcloudstate.edu  or Telephone: (320) 308-5123

Retaliation

University policy and federal law prohibits retaliation against any individual who opposes discrimination, files a complaint, or assists or participates in any manner in an investigation or proceeding conducted by the University or an external agency. Violators of this policy are subject to disciplinary action, up to and including dismissal from the University. Sexual discrimination or harassment, in any form, is intolerable.

If you have any question about Title IX, SCSU/Minnesota State’s policy against discrimination or harassment or the procedure for filing complaints, you are encouraged to contact the Office for Institutional Equity & Access at (320) 308-5123.

What if I have experienced sexual or gender violence?


Scope

Allegations of discrimination or harassment are governed by Board Policy 1B.1. 

This policy applies to all Minnesota State Colleges and Universities students and employees and to others, as appropriate, where incidents of sexual violence on system property have been reported. Reports of sexual violence committed by a student at a location other than system property are covered by this policy pursuant to the factors listed on 1B.3.6 part II. Reports of Sexual violence committed by a system employee at a location other than a system property are covered by this policy as well. 

Reports of sexual violence committed on system property by individuals who are not students or employees are subjected to appropriate actions by Minnesota State Colleges and Universities, including, but not limited to, reports to law enforcement and criminal charges may occur.

Each Minnesota State Colleges and Universities college and university shall adopt a clear, understandable written policy on sexual violence that applies to its campus community, including, but not limited to its students and employees. The policy content and implementation shall be consistent with the standards in the Minnesota State Colleges & Universities policy and Procedures 1B.3.1.

Definitions

The following definitions apply to this Policy and Procedure 1B.3.1.

Subpart A: Sexual Violence 

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

Subpart B: 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 Minnesota State Colleges and Universities student conduct codes 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 complainant. 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 complainant is unable to give consent.

3. Intentional and unwelcome touching, or coercing, forcing or attempting to coerce or force another to touch a person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast).

4. Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.

 Subpart C: Consent

Consent is informed, freely given and mutually understood. If coercion, intimidation, threats and/or physical force are used, 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, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Silence does not automatically indicate consent and past consent of sexual activities does not imply ongoing future consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

 Subpart D:  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.

Subpart E: System property

“System property” means the facilities and land owned, leased, or under the primary control of Minnesota State Colleges and Universities, its Board of Trustees, system office, colleges and universities.

Subpart F: Employee

“Employee” means any individual employed by Minnesota State Colleges and Universities, its colleges and universities and system office, including student workers and graduate assistants.

Subpart G: Student

The term “student” includes all persons who:

1. Are enrolled in one or more courses, either credit or  non-credit, through a college or university;

2. May have withdrawn, transferred or graduated, after an alleged violation of student conduct code.

3. are not officially enrolled for a particular term but have a continuing relationship with the college or university.

4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid.

5. Are not college or university employees and are not enrolled in the institution but live in a college or university residence hall i.e. (camps, SCTEC).

Assurance of 1st Amendment Protections

As a state institution of higher education, SCSU must not infringe protected rights such as speech and academic freedom but exercise of such rights cannot outweigh an individual’s rights to an educational or work environment free of discrimination. SCSU cannot take punitive action without first providing due process.

For additional resources please visit the Women's Center's webpage on Sexual Assault, Rape, Dating/Domestic Violence and Stalking.