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Gender and Sexual Violence Incidents

University of Minnesota Policy Statement

As a University and as a community we strive to assure the safety and to respect the dignity of each student, staff, and faculty member. Sexual assault, relationship violence, and stalking are prohibited at the University of Minnesota. Sexual assault and relationship violence, including threats of sexual assault and related relationship violence, are attacks not only on a person’s body, but also on the person’s dignity, and are not tolerated. To foster a community free from sexual assault and relationship violence, the University provides reporting options for responding, including the police department; victim/survivor assistance; internal mechanisms for discipline and dispute resolution; prevention training; and other related services.

Sexual assault is a violation of the University of Minnesota Student Conduct Code, Section VI., Subdivision 8 (Sexual Assault). An allegation of sexual assault is a serious violation. Should the complainant choose to file a report (whether or not he/she presses criminal charges), an investigation will be conducted by the UMD Title IX Investigator, University police, or local law enforcement. The University can pursue disciplinary action, even if criminal justice authorities choose not to prosecute.

The Office of Student Conduct is responsible for investigating charges against students.  The staff will send the respondent a notice of allegation letter requesting to schedule a meeting. The respondent will be treated fairly and given an opportunity to state their side of the story.  If found to be responsible, sanctions can be as serious as a suspension or a permanent expulsion from the University of Minnesota. The Office of Student Conduct assures that all parties be granted and receive full due-process rights. For more information, contact the Office of Student Conduct at (218) 726-7255.

Sexual Assault Resources

UWide Sexual Assault Policy

UWide Sexual Assault Procedure

UMD Sexual Assault Protocol

Important Language and Definitions

Consent: Consent is clear, knowing, and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given words or actions, as long as those words or actions create mutual understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity
- Consent to any one form of sexual activity cannot automatically imply consent to any forms of sexual activity.
- Previous relationships or prior consent cannot imply consent to future sexual acts.

Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want.”).Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

NOTE: There is no requirement that a party resists the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but nonconsensual sexual activity is not by definition forced.

Incapacitation: Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). Sexual activity with someone who one should know to be -- or based on the circumstances should reasonably have known to be -- mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.

This also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/

Investigative Procedure
The investigator will conduct the investigation in a manner appropriate in light of the circumstances of the case. The investigation will include, when available, interviews with the complainant, the respondent, and any witnesses. As part of the investigation, individuals will be provided an opportunity for the parties to present witnesses and other evidence. The interviews will be supplemented by the gathering of any physical, documentary, or other evidence, as appropriate and available. The investigation is designed to provide a fair and reliable gathering of the facts. The investigation will be thorough, impartial, and fair, and all individuals will be treated with appropriate sensitivity and respect.

The investigator may choose to investigate without the participation of a survivor if any of the following circumstances are met: seriousness of the alleged incident, complainant’s age, multiple complainants, respondent’s rights, or multiple perpetrators. The investigation will be documented to resolution of a case involving charges of sex or gender violence including but not limited to: Sexual Assault, Sexual Harassment, Domestic Violence, Dating Violence, and Stalking.

At the conclusion of the investigation, the investigator will prepare an investigative summary with all the facts gathered, which will be submitted to the Hearing Officer responsible for initiating the Student Conduct Process. Upon receipt of the investigation summary, the University will notify all parties that the investigation is complete and provide information about next steps in the process.
All records will be kept confidential to the extent permitted by law.

Anticipated Timeline

The University of Minnesota Duluth seeks to resolve all reports of sexual misconduct within sixty (60) days. However, this serves as a guideline and deviations may occur and will be documented in the Investigative Summary. As a courtesy of the law enforcement process, the University may defer the investigative process until the initial criminal investigation is complete. The Investigator will communicate the timeline for this process, the participants’ rights, and any interim measure to ensure safety.   



Parties will receive simultaneous notification via email of any disciplinary proceeding outcomes including appeal results and when the outcome is finalized.

Sanctioning

In the event you are found responsible for a sex or gender based behavior/violation sanctions are more severe than in other circumstances due to the impact on other students and the safety of the community.

Required Compliance- Required compliance means satisfying University requirements, work assignments, community service, or other discretionary assignments.
Restitution- Restitution means making compensation for loss, injury, or damage.
Suspension
- Suspension means separation of the student from the University for a defined period of time, after which the student is eligible to return to the University. Suspension may include conditions for readmission.
Restriction of Privileges
- Restriction of privileges means the denial or restriction of specified privileges, including, but not limited to, access to an official transcript for a defined period of time.
Expulsion- Expulsion means the permanent separation of the student from the University.
Withholding of Diploma or Degree- Withholding of diploma or degree means the withholding of diploma or degree otherwise earned for a defined period of time or until the completion of assigned sanctions.
Revocation of Admission or Degree- Revocation of admission or degree means revoking a student’s admission to the University or revoking a degree already awarded by the University.

Any sanction not completed by the deadline may result in additional sanctions.  OSC shall monitor deadlines for sanction completion.  Holds will be placed on accounts for students who fail to complete sanctions.

Appeal

In Sexual Assault, Sexual Harassment, Domestic Violence, Dating Violence, and Stalking cases both the respondent and the complainant have the right to appeal. Appeal petitions are on the same grounds as any other conduct hearing. View the Appeal Petition.

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The University of Minnesota is an equal opportunity educator and employer.
Last modified on 08/25/14 08:31 PM
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