Sexual Violence and Misconduct
Terms and Definitions
Types of misconduct
Conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to fear for her or his safety or the safety of others or to suffer substantial emotional distress.
A form of sexual discrimination which is prohibited by state and federal law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, evaluation of a student's academic performance, or term or condition of participation in student activities or in other events or activities sanctioned by the college or university; or
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions or other decisions about participation in student activities or other events or activities sanctioned by the college or university; or
Such conduct has the purpose or effect of threatening an individual's employment; interfering with an individual's work or academic performance; or creating an intimidating, hostile, or offensive work or educational environment.
A continuum of conduct that includes, but is not limited to, sexual assault, non-forcible sex acts, dating and relationship violence, stalking, as well as aiding acts of sexual violence.
An actual, attempted, or threatened sexual act with another person without that person’s affirmative 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 student codes of conduct and employee disciplinary standards. Sexual assault includes but is not limited to:
- 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.
- Involvement in any sexual act when the victim is unable to give consent.
- Intentional and unwelcome touching of a person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast); or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts.
- Offensive sexual behavior directed at another, such as indecent exposure or voyeurism.
Dating, intimate partner, and relationship violence
Violence including physical harm or abuse, and threats of physical harm or abuse, arising out of a personal intimate relationship. This violence also may be called domestic abuse or spousal/partner abuse and may be subject to criminal prosecution under Minnesota law.
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.
People and roles
All persons or group of persons who:
- Are enrolled in one or more courses, either credit or non-credit, through a college or university; or
- Withdraw, transfer, or graduate after an alleged violation of the code of student conduct; or
- Are not officially enrolled for a particular term but who have a continuing relationship with the college or university; or
- Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; or
- Are not college or university employees and are not enrolled in the institution but live in a college or university owned or controlled residence hall.
Campus security authority
Campus employees who must report instances of sexual violence include:
- St. Cloud State University Public Safety Department personnel;
- Other individuals who have campus security responsibilities in addition to a college or university security department;
- Any individual or organization identified in the security policy as an individual or organization to which students and employees should report criminal offenses;
- Any official 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.
Health care practitioners, licensed counselors, clergy and victim advocates whose official responsibilities include providing mental health counseling, rendering advice and advocacy assistance, and who are functioning within the scope of their license or certification are confidential and able to keep your report confidential. Others may be obligated to make a report.
Any individual employed by Minnesota State Colleges and Universities, its colleges and universities, and the system office, including but not limited to all faculty, staff, administrators, teaching assistants, graduate assistants, residence directors, and student employees.
Consent and other terms
According to Minnesota State Board Policy 1B.3::
“Consent is informed, freely given, and mutually understood willingness to participate in sexual activity that is expressed by clear, unambiguous, and affirmative words or actions.
- It is the responsibility of the person who wants to engage in sexual activity to ensure that the other person has consented to engage in the sexual activity.
- Consent must be present throughout the entire sexual activity and can be revoked at any time.
- 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.
- A lack of protest, absence of resistance, or silence alone does not constitute consent, and past consent to sexual activities does not imply ongoing future consent.
- The existence of a dating relationship between the people involved or the existence of a past sexual relationship does not prove the presence of, or otherwise provide the basis for, an assumption of consent.
- Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.”
The responsibility of preventing sexual assault lies with the person initiating sexual behavior. Due to the fact that communications in this context may be unclear, checking in with your partner about what you are doing is a way of sharing the power and control of the situation that was initiated by you with them. This keeps the interaction an equal and safe situation for both parties.
Any form of intimidation, reprisal or harassment against an individual because he or she made a complaint, assisted, or participated in an investigation or process. Retaliation also occurs when one associated with a person or group of persons is intimidated, harassed, or suffers reprisal. Retaliation may occur whether or not there is a power of authority differential between the individuals involved.
All land, buildings, facilities, parking lots, and other property in the possession of, owned, rented, leased, maintained, or controlled by St. Cloud State University. The term Campus may be used interchangeably with University Property.