University of Minnesota Duluth
Sexual Assault Protocol

Table of Contents

Click on the following links (highlighted in blue) to bring you to the section:

Introduction
            Definition of Sexual Assault
            Addressing Sexual Assault
Resources Available to the Victim/Survivor
            Confidential Assistance
                        Program for Aid to Victims of Sexual Assault (PAVSA)
                        UMD Counseling (Health Services)
                        Employee Assistance Program
                        UMD Campus Ministry
            Non-Confidential Resources
                        UMD Women’s Resource and Action Center (WRAC)
            Medical Assistance
            Reporting
                        Options for Reporting
                                    Anonymous/Confidential Report
                                    Formal University Report (non-confidential)
                                    Standard Police Report
                        Comparison Chart on Reporting Sexual Assaults/Frequently Asked Questions
                        Assistance in Reporting
If You Have Been Raped or Sexually Assaulted – What You Can Do
Rights of Reporting and Reported/Accused Students
            Reporting Student
            Reported/Accused Student
Resources for Reported/Accused Student
Student Conduct Code
            University Sanctions
Faculty/Staff Investigation Protocol
Retaliation
University Mandated Reporting Requirements
University of Minnesota Policy Statement

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Introduction

Definition of Sexual Assault

The University of Minnesota Duluth strives to assure the safety of their students, faculty, and staff in fostering a community free from violence.  Sexual assault is actual, attempted, or threatened sexual contact with another person without that person's consent. Sexual assault often is a criminal act that can be prosecuted under Minnesota state law, as well as under the Student Conduct Code and employee discipline procedures. Sexual assault is any sexual activity involving a person who does not or cannot consent (e.g., an intoxicated person cannot give consent).  Examples of sexual assault include rape and touching of private body parts (both under or over clothing).  Examples of unwanted sexual contact include indecent exposure, obscene phone calls, sexting (texting sexual content), and internet distribution of sexual materials.  All rape is sexual assault, but not all sexual assault is rape.  These types of behavior are not tolerated at the University.

Addressing Sexual Assault

Through the sexual assault protocol, the University seeks to provide a consistent, caring, and timely response when sexual assault occurs within the University community.  Support and information are available to assist the UMD community and are outlined in this document.  In addition, educational programs addressing rape and sexual assault take place throughout the year.  This document is posted on various UMD web sites [e.g., Counseling Services (Health Services), Office of Equal Opportunity, Office of Student and Community Standards, Women’s Resource and Action Center].

Resources Available to the Victim/Survivor

The University will provide victims/survivors access to confidential services, support and referrals, as well as assistance in filing a criminal charge (should the victim/survivor choose to do so).

Confidential Assistance

Assistance and support is available both on and off campus, regardless of whether you file a police report.  You may speak confidentially about the rape or sexual assault by calling one of the following agencies:  Program for Aid to Victims of Sexual Assault (PAVSA), UMD Counseling, Employee Assistance Program, and UMD Campus Ministry.  They will not disseminate your report to others without your consent.

Program for Aid to Victims of Sexual Assault (PAVSA)
Free and confidential

Victims/survivors are strongly encouraged to contact one of the PAVSA advocates.  This staff was specifically developed to serve as a resource to support students and staff in making decisions about reporting.  Victim advocates are confidential staff and will assist in providing information on the different types of reporting that are available.  Advocates will educate victims/survivors in making a decision that is right for them. 

24-Hour Crisis Line............................................................................................... (218) 726-1931 
Monday through Friday from 8:30 a.m.-4:30 p.m..................................................... (218) 726-1442

PAVSA advocates will be available on site at UMD on Monday and Thursday evenings in the Women’s Resource and Action Center (Kirby Student Center 266) from 5:00 – 10:00 p.m.

This agency provides the following services free of charge:

• 24-hour crisis line
• assist and accompany victims/survivors in obtaining medical assistance
• 24-hour Sexual Assault Nurse Examiner (SANE) program at St. Luke’s Hospital and St. Mary’s Medical Center Emergency Departments.
• support advocacy
• professional counseling
• legal advocacy, including assistance in reporting and accompaniment to any related interviews/meetings
• support groups for adult women survivors of sexual abuse and sexual assault
• specialized adolescent advocacy and therapy for those under the age of 25

UMD Counseling (Health Services)
(for students only)
Free and confidential

Counseling Staff............................................................................................... (218) 726-7913/8155

Counseling services helps victims/survivors by:

• providing information and a safe, supportive atmosphere in which to share their experiences.
• encouraging expression of thoughts and feelings about what happened.
• processing emotions related to the experience and in making decisions about who to tell and where to get support.
• discussing options available regarding reporting of incident.
• referring to community resources (if needed/requested) for medical or legal concerns.
• helping to manage school responsibilities in a time of crisis; may recommend changes to academic program or Housing/Res Life living arrangements.
• assisting them to regain control over their own lives.
• providing ongoing therapy as needed.

Employee  Assistance Program.............................................................................. (218) 249-7077
(for employees only)
Free and confidential

The following services are available for UMD employees:

• information and referral
• urgent care to assess situation and determine where victim/survivor needs to go for help
• counseling (one to three visits)

UMD Campus Ministry............................................................................................ (218) 726-8737
Free and confidential

UMD Campus Ministry personnel provide counseling and referrals as appropriate.

Non-Confidential Resources

UMD Women’s Resource and Action Center (WRAC)............................................. (218) 726-6292

WRAC advocates are UMD students and help victims/survivors by:

• listening to every story and validating their experiences.
• providing information on available options.
• advocating on their behalf.
• making referrals to other agencies, with victim’s/survivor’s permission.

While WRAC provides advocacy for victims/survivors, it is not a confidential service.  They are required to report sexual assault incidents.

Medical Assistance

In order to preserve evidence of sexual assault, the University of Minnesota Duluth strongly encourages victims/survivors to seek medical attention at the hospital within 72 hours.  Please know that victims/survivors can be seen at any time for medical follow up.  In Duluth, a sexual assault nurse examiner trained in forensic evidence collection will be present in the emergency room.  There is no charge for victims/survivors of sexual assault to receive a forensic medical examination.  Treatment of injuries or any other services not listed below may not be covered; however, advocates are available to assist in seeking victim’s reparations to cover these charges.  A sexual assault nurse examiner at St. Luke’s Hospital and St. Mary’s Medical Center will:

• provide complete medical exams.
• provide appropriate treatment, including pregnancy testing, emergency contraception, and STD/HIV preventative medication.
• collect evidence.

            St. Luke’s Hospital – 915 East First Street..................................................... (218) 249-5555

            St. Mary’s Medical Center – 407 East Third Street.......................................... (218) 786-4000

UMD Health Services does not collect evidence but does offer the following medical services for UMD students:

• emergency contraception
• medical exam
• appropriate treatment, including pregnancy test and STD treatment
• referral to UMD Counseling with victim’s/survivor’s permission
• referral to local hospital with victim’s/survivor’s permission

            UMD Health Services – 615 Niagara Court..................................................... (218) 726-8155

Reporting

Victims/survivors are encouraged, but not required, to file a report.  Reports may be filed, even if the victim/survivor chooses not to press charges.  See the Assistance in Reporting section if you would like to speak to someone about your options.  In addition, at the end of this section is a Comparison Chart on Reporting Sexual Assaults/Frequently Asked Questions table to assist you in making a determination on reporting.

Options for Reporting

Victims/survivors have three options in filing a report of sexual assault:

• Anonymous/Confidential Report:   Victims/survivors may choose to speak confidentially with PAVSA without making a report to law enforcement or the University.  Should a victim/survivor seek a sexual assault exam at St. Luke’s or St. Mary’s Emergency Department,  s/he may opt to make an anonymous report to law enforcement through a sexual assault nurse examiner (see Medical Assistance section).  In this case an Incident Criminal Report (ICR) number will be assigned.  Evidence collected will be turned over to law enforcement marked only with the ICR number – no identifying information will be shared.  Should the victim/survivor decide to pursue a criminal investigation, evidence may be used by law enforcement at that time. 

1. If the assault occurred on campus and a victim/survivor chooses to speak with a sexual assault victim advocate, the incident will be reported to the sexual assault investigator in the Office of Equal Opportunity at (218) 726-6849 for federal statistical reporting purposes; however , personally identifiable information about any person is kept confidential. 
2. These data are used for publication in the annual campus security report.  They help to provide the community with a clearer picture of the extent and nature of campus crime and help support greater community safety.

• Formal University Report (non-confidential):  Victims/survivors may file a formal report with the UMD sexual assault (non-criminal) investigator.  The investigation does not involve collection of criminal evidence.  To file a non-criminal report, contact the director of the Office of Equal Opportunity at (218) 726-6849.  Once the investigation is complete, the case is forwarded to the appropriate office:  (a) If the reported (accused) is a student, the report is filed with the Office of Student and Community Standards (OSCS).  The process outlined in the Student Conduct Code will be followed.  If the accused student is found to be responsible, sanctions will be imposed.  The accused student is granted due process rights, which includes the right to reject the sanction and request a formal hearing.   More information can be found on the OSCS web site at www.d.umn.edu/conduct/. (b) If the reported (accused) is a faculty or staff member, the conclusions and recommendations are forwarded to the appropriate administrator for possible implementation of sanctions.  The report is maintained in the Office of Equal Opportunity.

• Standard Police Report:  Victims/survivors may file a report with police, regardless of whether or not they want to press charges.  A standard report to law enforcement is not confidential.

1. To file a report of any kind of sexual assault, call 911 or go to one of the local emergency departments (an advocate and sexual assault nurse examiner will be available to assist you in making a report).  Calling 911 reaches an emergency dispatcher who will take your information and will notify the appropriate law enforcement officer.  Please note a formal investigation cannot be confidential.

Comparison Chart on Reporting Sexual Assaults
Frequently Asked Questions

Assistance in Reporting

If you would like personal support or assistance in notifying law enforcement, you may call any of the following agencies:

Program for Aid to Victims of Sexual Assault (PAVSA)
            24-Hour Sexual Assault Crisis Line................................................................ (218) 726-1931
            Monday through Friday from 8:30 a.m.-4:30 p.m........................................... (218) 726-1442

UMD Counseling..................................................................................................... (218) 726-7913 or 726-8155

UMD Women’s Resource and Action Center (WRAC).................................................... (218) 726-6292 or 726-8444

UMD Office of Equal Opportunity............................................................................... (218) 726-6849

If You Have Been Raped or Sexually Assaulted - What You Can Do

• If you are raped or sexually assaulted you are not to blame.  It is never the victim’s/survivor’s fault.  Nothing you did can cause a sexual assault, including having a prior relationship with the person or using alcohol and/or drugs. 
• Get to a safe place as soon as you can.   Call someone you can trust and who can be with you, such as a family member or a friend.
• Call 911 to report to police if you are in danger or need immediate medical attention.
• Call the Program for Aid to Victims of Sexual Assault (PAVSA).  The 24-hour crisis line is (218) 726-1931 and business day number is (218) 726-1442. 
• Contact any of the other resources listed in Confidential Assistance or Non-Confidential Assistance. 
• While it is not mandatory, it might be helpful to write down as much as you can about the assault, including a description of the assailant. 
• Ask a family member or friend to accompany you to the PAVSA meeting, medical exam, police department, or any of the other services listed in this protocol.
• If you choose to have a forensic medical exam, preserve all physical evidence of the assault:
• Do not wash your hands or face.
• Do not bathe, shower, or douche.
• Do not brush your teeth.
• Do not change clothes.  If necessary, put clothing in separate paper (not plastic) bags.
• Do not straighten up the area where the assault took place, including washing sheets or couch cushions.
• Do not use the toilet (you can save a urine sample in a jar with a lid on it).
• Do not drink (especially soda pop or alcohol).
• Get medical attention as soon as possible at a local emergency room.   Duluth police, University police,  PAVSA advocates, or UMD Health Services will help you get medical assistance.  A full physical exam will help assure that any injuries will be identified and treated.  The health care provider will discuss with you any concerns about possible pregnancy and sexually transmitted diseases.  The forensic medical exam, including evidence collection, will be provided free of charge at St. Luke’s Hospital or St. Mary’s Medical Center Emergency Departments.  Evidence can be collected and stored if you need time to decide whether or not you want to report the crime. 
• If it is possible you were given a “date rape” drug (e.g., Rohypnol and GHB), ask the health care professional to take a urine sample.  These drugs are more likely to be detected in urine than in blood.
• Consider making an initial report as soon as possible.  Filing a report does not mean you are pressing charges, and no legal action will be taken without your permission.  You can make a confidential report by contacting a PAVSA advocate or UMD Counseling Services (Health Services).  You can make an official report by contacting University police for on-campus incidents or Duluth police for off-campus incidents.  For specific information about reporting, refer to the Reporting section in this document.
• Seek counseling for assistance in dealing with this kind of experience.  All assaults are traumatic events, both emotionally and physically.  A counselor can help you to learn how to cope with the impact of an assault.  Free counseling is available through UMD Counseling Services (for students) or Employee Assistance Program (for employees).  PAVSA provides free counseling for all victims/survivors of sexual assault.

Rights of Reporting and Reported/Accused Students

Rights of reporting and reported/accused students are outlined below. 

Reporting Student

The rights of the reporting student include, but are not limited to:

• have your incident taken seriously and to be treated with dignity.
• be assured that you are not responsible for the crime against you.
• have an advocate or support person with you during all meetings or hearings.
• receive referrals for confidential medical and counseling services.
• receive information on victim/survivor advocate support.
• be notified of options for changing academic and living situations.
• be informed of options to notify University and/or law enforcement officials.
• have your report investigated and responded to in a timely manner.
• receive information on how the reporting and investigation will proceed.
• not be coerced into filing a formal police report.
• be informed of the outcome of any disciplinary proceeding against the reported/accused student.

 Reported/Accused Student

The rights of the reported/accused student include, but are not limited to:

• receive timely notice of the charges.
• have an opportunity to tell your side of the story.
• be treated fairly and with respect.
• have an advocate or support person with you during all meetings or hearings.
• know who your accuser is – but, you do not have the right to confront your accuser by any means (e.g., in person, phone, text messaging, e-mail, etc.). 
• receive information on how the reporting and investigation will proceed.
• receive the Student Conduct Code Statement, which outlines such things as the conduct-code process, a formal hearing, and an appeal process.
• receive in writing any sanctions imposed by the director of the Office of Student and Community Standards (OSCS).
• be informed verbally and in writing that you may reject the sanction imposed by the director of the OSCS and request a formal hearing before the Student Behavior Judiciary Committee.
• receive referral for counseling.

Resources for Reported/Accused Student

UMD Counseling (Health Services)...................................................... (218) 726-7913 or 726-8155

UMD Men’s Action Network [Name to be determined].......................................... (218) 726-6292

Men as Peacemakers (www.menaspeacemakers.org)............................................ (218) 727-1939

Domestic Abuse Intervention Programs (www.theduluthmodel.org/).................... (218) 722-2781

Student Conduct Code

University Sanctions
Sexual assault is a violation of the University of Minnesota Student Conduct Code, Section V, Subdivision 17 (Violation of Federal or State Laws).  An allegation of sexual assault is a serious violation.  Should the victim/survivor choose to file a report (whether or not he/she presses criminal charges), an investigation will be conducted by the UMD sexual assault investigator, University police, or local law enforcement.  The University can pursue disciplinary action, even if criminal justice authorities choose not to prosecute.
After the investigation is completed, the case will be submitted to the director of the Office of Student and Community Standards (OSCS).  The director will send the accused student a charge letter requesting to schedule a meeting within one week.  The accused student will be treated fairly and given an opportunity to state your 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 director of the OSCS will assure that you have been granted your due-process rights.  For more information, contact the director at (218) 726-8969, or visit the OSCS web site at www.d.umn.edu/conduct/.

Faculty/Staff Investigation Protocol

Please see the Office of Equal Opportunity web site at www.d.umn.edu/umdoeo/.

Retaliation

No one shall retaliate against individuals who acted in good faith in reporting or providing information about suspected or alleged misconduct. When a complaint has been brought in good faith, even if mistakenly, the University will provide appropriate support to the reporting employee. Individuals who provide information to assist in resolving of a complaint are also protected.

It is strictly prohibited to retaliate against any individual involved in the reporting of a sexual assault (e.g., victim/survivor, witnesses).  This includes by any means; for example, in person, phone, text messaging, e-mail, or posting on internet.  Individuals engaging in acts of retaliation are disciplined according to the appropriate University policies or applicable collective bargaining agreements.

Report any retaliation to the director of the Office of Equal Opportunity at (218) 726-6849.

University Mandated Reporting Requirements

If faculty and staff are informed of a sexual assault, they are mandated to report the incident.   The only exceptions are those listed in this document as confidential assistance [e.g., UMD Health Services (medical and counseling), Employee Assistance Program, Campus Ministry].  Employees must report sexual assault incidents to the UMD sexual assault investigator in the Office of Equal Opportunity at (218) 726-6849.  If faculty/staff are seeking support for the victim/survivor, contact one of the PAVSA advocates: Students are not required to report an incident of sexual assault, but it is recommended that they do so. 

Without written permission from the victim/survivor, personally identifiable information is kept confidential.  For federal statistical reporting purposes, if the incident occurred on campus or at a University-sponsored event, it must be reported to the UMD sexual assault investigator in the Office of Equal Opportunity at (218) 726-6849.  These data are used for publication in the annual campus security report.  They help to provide the community with a clearer picture of the extent and nature of campus crime and to support greater community safety.

University of Minnesota Policy Statement