1.5 Sexual Violence Policy

Policy Statement

Sexual violence is an intolerable intrusion into the most personal and private rights of an individual, and is prohibited at Minnesota State Colleges and Universities (MnSCU). Alexandria Technical College (ATCC) is committed to eliminating sexual violence in all forms and will take appropriate remedial action against any individual found responsible for acts in violation of this policy. Acts of sexual violence may also constitute violations of criminal or civil law, or other ATCC or MnSCU Board policies that may require separate proceedings. To further its commitment against sexual violence, MnSCU provides reporting options, internal mechanisms for dispute resolution, and prevention training or other related services as appropriate.

As part of the larger community, Alexandria Technical and Community College is subject to, abides by, and supports Minnesota state statutes and local ordinances regarding criminal sexual conduct, including the Minnesota State College’s and University’s Sexual Violence Policy, which can be viewed at www.mnscu.edu/board/policy/1b03.html.

Sexual violence has no place in a learning or work environment and is prohibited. Further, the Minnesota State Colleges and Universities shall work to achieve zero tolerance of violence in all its forms. This policy includes, but is not limited to, ATCC's students and employees.

Definitions

The following definitions apply to this Policy and subsequent 1.5.1 Sexual Violence Procedure.

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

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 ATCC’s student conduct codes 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.
The intentional touching or coercing, forcing, or attempting to coerce or force another to touch an unwilling person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast).
Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.

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, and the condition was known or would be known to a reasonable person, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

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.

System property. "System property" means the facilities and land owned, leased, or under the primary control of Alexandria Technical and Community College.

Employee. "Employee" means any individual employed by Minnesota State Colleges and Universities, its colleges and universities and System office, including student workers.

Student. "Student" means an individual who is:

admitted, enrolled, registered to take or is taking one or more courses, classes, or seminars, credit or noncredit, at any System college or university; or
between terms of a continuing course of study at the college or university, such as summer break between spring and fall academic terms; or
expelled or suspended from enrollment as a student at the college or university, during the pendency of any adjudication of the student disciplinary action.

Notice of Complainant Options

Following a report of sexual violence the complainant shall be promptly notified of:

Where and how to obtain immediate medical assistance; complainants should be informed that timely reporting and a medical examination within 72 hours are critical in preserving evidence of sexual assault and proving a criminal or civil case against a perpetrator. Complainants should be told, however, that they may report incidents of sexual violence at any time
Where and how to report incidents of sexual violence to local law enforcement officials, and/or appropriate ATCC contacts for employees, students and others. Such contacts should be identified by name, location and phone number for 24-hour availability, as applicable.
Resources for where and how complainants may obtain on- or off-campus counseling, mental health or other support services.

Notice of Complainant Rights

Complainants shall be notified of the following:

Their right to file criminal charges with local law enforcement officials in sexual assault cases;
Rights under the crime victims bill of rights, Minnesota Statutes Sections 611A.01 – 611A.06, including the right to assistance from the Crime Victims Reparations Board and the commissioner of public safety;
Availability of prompt assistance from campus officials, upon request, in notifying the appropriate campus investigating authorities and law enforcement officials, and, at the direction of law enforcement authorities, assistance in obtaining, securing and maintaining evidence in connection with a sexual violence incident;
Assistance available from campus authorities in preserving for a sexual violence complainant materials relating to a campus disciplinary proceeding;
That complaints of incidents of sexual violence made to campus security authorities shall be promptly and appropriately investigated and resolved;
That, at a sexual assault complainant’s request, ATCC may take action to prevent unwanted contact with the alleged assailant, including, but not limited to, transfer of the complainant and/or the respondent to alternative classes, or a work site, if such alternatives are available and feasible.

Sexual violence Prevention and Education

Campus-wide training. ATCC shall offer an annual sexual violence training program to students and employees to promote the awareness of sexual violence offenses, including sexual violence prevention measures and procedures for responding to incidents. These educational programs shall emphasize the importance of preserving evidence for proof of a criminal offense. ATCC develops educational programs, brochures, posters and other means of information to decrease the incidence of sexual violence and advise individuals of the legal and other options available if they are the complainants of an incident or they learn of such an incident.

Each employee is required to complete a sexual harassment training module as part of their new employee training process.

Training for individuals charged with decision making authority. ATCC provides appropriate training and other resources to individuals charged with decision making responsibilities under applicable procedures in order to facilitate a fair, respectful and confidential procedure on allegations of sexual violence in accordance with this and other applicable policies, procedures and laws.