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The University of Minnesota is committed to taking prompt and effective steps intended to end sexual harassment, sexual assault, stalking, relationship violence, and related retaliation, prevent their recurrence and, as appropriate, remedy their effects. This page provides a summary of the Duluth Campus procedures for responding to sexual misconduct through the student conduct procedure. For more comprehensive information on the University's policies on sexual misconduct, please read the University of Minnesota's Administrative Policy for Sexual Harassment, Sexual Assault, Stalking and Relationship Violence.
The University maintains a prompt, fair and impartial process for responding to complaints of sexual misconduct. This process includes timely notice of meetings and also provides each party with timely and equal access to any information that will be used during informal and formal disciplinary meetings and hearings. This summary describes the University’s investigative and disciplinary process in cases of alleged misconduct by students.
- The Office of Student Conduct & Conflict Resolution (OSCCR) receives reports of sexual misconduct and, when appropriate, refers them to the University’s Office of Equal Opportunity and Affirmative Action (EOAA) for investigation.
- EOAA thoroughly investigates reports of sexual misconduct. The investigator interviews both parties and their witnesses. Both parties may submit supporting documentation to the investigator. The investigator shares a written statement of the relevant evidence that has been gathered by the EOAA with both parties, and allows them an opportunity to comment and provide additional information.
- EOAA determines whether it is more likely than not that any of the University ’s policies related to sexual misconduct have been violated. This is also known as the Preponderance of the Evidence standard.
- EOAA forwards an investigative report containing initial findings OSCCR.
- OSCCR meets individually with the parties and follows up in writing about:
- The initial findings reached by EOAA;
- If appropriate, charges and a proposed Informal Resolution; and
- The option to request a Formal Hearing.
- If the parties agree to the initial findings and proposed Informal Resolution, the University’s investigative process ends and they are notified in writing of their right to Appeal the Informal Resolution, in accordance with the administrative procedure entitled Primary Student Conduct Procedure.
- If any party is dissatisfied with the initial findings and/or proposed Informal Resolution, they may opt to initiate the University’s Formal Hearing.
- A Student Hearing Panel is convened. The parties will be notified in writing via UMD email if a hearing is requested.
- At any point prior to the hearing date, parties may opt to further discuss possible Informal Resolutions by contacting OSCCR.
- During the Formal Hearing both parties are able to state their case to the Student Hearing Panel during. The panel determines whether it is more likely than not that any of the University’s policies related to sexual misconduct have been violated. Where applicable, the panel also determines sanctions.
- The parties are notified via UMD email of the hearing panel’s decision on responsibility and imposition of sanctions, if any.
- After the hearing process is complete, the parties are notified in writing via UMD email of their right to Appeal the hearing panel’s decision to the appellate officer, in accordance with the administrative procedure entitled Student Conduct Code Procedures: Duluth.
- The parties are notified in writing via UMD email if there is an appeal of the hearing panel’s decision. Once an appeal has been received by OSCCR, in cases of sexual misconduct, the remaining party, Complainant or Respondent, has the opportunity to submit a written response within 5 weekdays. The appeal petition and responses are shared with both parties.
- The parties are notified of the appellate officer’s final decision via UMD email.
The University aims to complete its sexual misconduct investigative process within 75 days. If there is a need to extend this timeframe, both parties will be given written notice of the delay and an explanation for the delay.
The president or delegate may impose an immediate interim suspension on a student or student group pending a hearing before the appropriate disciplinary committee (1) to ensure the safety and well-being of members of the University community or to preserve University property, (2) to ensure the student's own physical or emotional safety and well-being, or (3) if the student or student group poses an ongoing threat of disrupting or interfering with the operations of the University. During the interim suspension, the student or student group may be denied access to all University activities or privileges for which the student or student organization might otherwise be eligible, including access to University housing or property. The student or student organization has a right to a prompt hearing before the president or delegate on the questions of identification and whether the interim suspension should remain in effect until the full hearing is completed. The student must be informed in writing of the terms of the interim suspension, the reasons for it, and the opportunity to be heard on the limited questions described above. The underlying Board of Regents Policy Student Conduct Code case will be heard and decided by the appropriate hearing body.