Sexual Assault and Rape Culture
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Sexual Assault and Rape Culture

01.08.00.1 Sexual Violence Procedure
 
This policy is governed by the Minnesota State Board Policy 1B.3.1 which can be found at:
 
Part 1. Purpose
This procedure implements College Policy 01.08.00 (Minnesota State Board Policy 1B.3) Sexual Violence Policy that prohibits sexual violence.  This procedure provides a process through which individuals alleging sexual violence may pursue a complaint.
 
This procedure is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation and reprisal. 
 
Part 2.  Definitions.
 
The definitions in College Policy 01.08.00 (Minnesota State Board Policy 1B.3) also apply to this procedure.  
 
Campus security authority 
Campus security authority includes the following categories of individuals at the college:
Public Safety Department staff members;
Advisors to student associations and organizations;
Student Conduct Officer(s);
Supervisors and those providing work direction to student workers;
Title IX Coordinator, Deputy Title IX Coordinator;
President;
Vice Presidents;
Deans;
Business Manager;
Bookstore Manager;
Department Chairs;
Financial Aid Supervisor;
Human Resources Director;
Affirmative Action Officer;
Director or Student Life;
Registrar
 
Part 3.  Reporting Incidents of Sexual Violence
 
Subpart A.  Prompt reporting encouraged
Complainants of sexual violence may report incidents at any time, but are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding.
 
Complainants are strongly encouraged to report incidents of sexual violence to law enforcement for the location where the incident occurred. Complainants are also encouraged to contact the local victim/survivor services office, counseling and health care providers, or the following campus resources for appropriate action.
 
A report may be filed on-line at: www.saintpaul.edu/fileareport 
 
To file a report in person, you can speak with the designated officers at Saint Paul College:
 
Dean of Engagement, Persistence and Success: Dr. Kristen Raney.
651.846.1514 – Administration Office – Kristen.raney@saintpaul.edu
 
Director of Student Conduct, Title IX Coordinator – Ali Pickens-Opoku
651.846.1327 – Administration Office – ali.pickens-opoku@saintpaul.edu
 
Department of Public Safety – 651.846.1322 – psafety@saintpaul.edu
 
Confidential Reporting
 
Counselor: Lisa Hanes Goodlander
651.846.1383 – Financial Aid Office Suite – lisa.hanesgoodlander@saintpaul.edu
 
Director of Access and Disability Resources: Emily Holl
651.846.1547 – Enrollment Center – Emily.holl@saintpaul.edu
 
Subpart B.  Assistance in reporting
When informed of an alleged incident of sexual violence, all Saint Paul College students and employees are urged to encourage and assist complainants, as needed, to report the incident to local law enforcement, local victim/survivor services, or the following campus resources for assistance.
 
A report may be filed on-line at: www.saintpaul.edu/fileareport
 
To file a report in person, you can speak with the designated officers at Saint Paul College:
 
Dean of Engagement, Persistence and Success: Dr. Kristen Raney.
651.846.1514 – Administration Office – Kristen.raney@saintpaul.edu
 
Director of Student Conduct, Title IX Coordinator – Ali Pickens-Opoku
651.846.1327 – Administration Office – ali.pickens-opoku@saintpaul.edu
 
Department of Public Safety – 651-846-1322 – psafety@saintpaul.edu
 
Confidential Reporting
Counselor: Lisa Hanes Goodlander
651.846.1383 – Financial Aid Office Suite – lisa.hanesgoodlander@saintpaul.edu
 
Director of Access and Disability Resources: Emily Holl
651.846.1547 – Enrollment Center – Emily.holl@saintpaul.edu
 
Campus security authorities, when informed of an alleged incident of sexual violence, shall promptly assist the complainant, as requested, including providing guidance in filing complaints with outside agencies including law enforcement; obtaining appropriate assistance from victim/survivor services or medical treatment professionals; and filing a complaint with campus officials responsible for enforcing the student conduct code or employee conduct standards.
 
When appropriate, the College may pursue legal action against a respondent, including, but not limited to, trespass or restraining orders, in addition to disciplinary action under the applicable student or employee conduct standard. The College may take actions it deems necessary or appropriate in response to all protection, restraining or no contact orders.
 
Part 4.  Confidentiality of Reporting
 
Subpart A.  Confidential reports.
Because of laws concerning government data contained in Minnesota Statutes Chapter §13, the Minnesota Government Data Practices Act, the College cannot guarantee confidentiality to those who report incidents of sexual violence except where those reports are privileged communications with licensed health care professionals. Some off-campus reports also may be legally privileged by law, such as reports to clergy, private legal counsel, or health care professionals.
 
Campus Confidential Reporting
 
Counselor: Lisa Hanes Goodlander
651.846.1383 – Financial Aid Office Suite – lisa.hanesgoodlander@saintpaul.edu
 
Director of Access and Disability Resources: Emily Holl
651.846.1547 – Enrollment Center – Emily.holl@saintpaul.edu
 
Subpart B.  Reports to campus security authorities
Complainants of sexual violence may contact any campus security authority for appropriate assistance or to report incidents. Absolute confidentiality of reports made to campus security authorities cannot be promised. However, campus security authorities shall not disclose personally identifiable information about a complainant of sexual violence without the complainant’s consent except as may be required or permitted by law. There may be instances in which the college or the system office determines it needs to act regardless of whether the parties have reached a personal resolution or if the complainant requests that no action be taken. In such instances, the College will investigate and take appropriate action, taking care to protect the identity of the complainant and any other reporter in accordance with this procedure.
 
Subpart C.  Required reports
Any campus security authority or any college employee with supervisory or student-advising responsibility who has been informed of an alleged incident of sexual violence shall follow college procedures for making a report for the annual crime statistics report. In addition, the campus security authority shall report to the following campus officials in order to initiate any applicable investigative or other resolution procedures.
 
A report may be filed on-line at: www.saintpaul.edu/fileareport
 
To file a report in person, you can speak with the designated officers at Saint Paul College:
 
Dean of Engagement, Persistence and Success: Dr. Kristen Raney.
651.846.1514 – Administration Office – Kristen.raney@saintpaul.edu 
 
Director of Student Conduct, Title IX Coordinator – Ali Pickens-Opoku
651.846.1327 – Administration Office – ali.pickens-opoku@saintpaul.edu
 
Department of Public Safety – 651.846.1322 – psafety@saintpaul.edu
 
Campus security authorities may be obligated to report to law enforcement the fact that a sexual assault has occurred, but the name or other personally identifiable information about the complainant will be provided only with the consent of the complainant, except as may be required or permitted by law.
 
Part 5.  Policy Notices
 
Subpart A.  Distribution of policy to students  
The college shall, at a minimum, at the time of registration make available to each student information about its sexual violence policy and procedure, including its on-line reporting system that allows for anonymous reporting, and shall additionally post a copy of its policy and procedure at appropriate locations on campus at all times. The College may distribute its policy and procedure by posting on an Internet or Intranet Web site, provided all students are directly notified of how to access the policy by an exact address, and that they may request a paper copy.
 
Subpart B.  Distribution of policy to employees  
The College shall make available to all employees a copy of its sexual violence policy and procedure. Distribution may be accomplished by posting on an Internet or Intranet Web site, provided all employees are directly notified of the exact address of the policy and procedure and that they may receive a paper copy upon request.
 
Subpart C.  Required Notice 
 
 
1. Notice of complainant options.  Following a report of sexual violence the complainant must 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 college, or system 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.   
2.  Notice of complainant rights. Complainants must 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 must be promptly and appropriately investigated and resolved;
  • Upon a sexual assault complainant’s request, the college or system office 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 or to alternative college-owned housing, if such alternatives are available and feasible.
Upon the request of the complainant, providing students who reported sexual assaults to the college and subsequently chose to transfer to another postsecondary college or university with information about resources for victims of sexual assault at the college or university to which the victim is transferring. 
 
Part 6.  Investigation and Disciplinary Procedures
 
Subpart A.  Immediate action
The College may, at any time during the report/complaint process, reassign or place on administrative leave an employee alleged to have violated College Policy 01.08.00 (Minnesota State Board Policy 1B.3), in accordance with the procedures in College Procedure 01.06.00.1 (Minnesota State System Procedure 1B.1.1). Such action must be consistent with the applicable collective bargaining agreement or personnel plan.  
 
The College may summarily suspend or take other temporary measures against a student alleged to have committed a violation of College Policy 01.08.00 (Minnesota State Board Policy 1B.3), in accordance with College Procedure 01.06.00.01 (Minnesota State System Procedure 1B.1.1 or Board Policy 3.6).
 
Subpart B. General principles
The College shall use College Procedure 01.06.00.1 (Minnesota State System Procedure 1B.1.1) Report/Complaint of Discrimination/Harassment Investigations and Resolution when investigating complaints of sexual violence. Procedures used in response to a complaint of sexual violence should avoid requiring complainants to follow any plan of action, to prevent the possibility of re-victimization.
 
College investigation and disciplinary procedures concerning allegations of sexual violence against employees or students must:
  • Be respectful of the needs and rights of individuals involved and treat them with dignity
  • Not suggest to the victim that the victim was at fault for the sexual assault or should have behaved differently to prevent the assault;
  • Proceed as promptly as possible;
  • Permit a student complainant and a student respondent to have the same opportunity to have an appropriate support person or advisor present at any interview or hearing, in a manner consistent with the governing procedures and applicable data practices law;
  • Employees shall have the right to representation consistent with the appropriate collective bargaining agreement or personnel plan;
  • Be conducted in accordance with applicable due process standards and privacy laws;
  • Simultaneously inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
  • Be based on a preponderance of evidence standard, meaning that it is more likely than not that the policy, procedure or code has been violated.  
 
The past sexual history of the complainant and respondent must be deemed irrelevant except as that history may directly relate to the incident being considered.
 
A respondent’s use of any drug, including alcohol, judged to be related to an offense may be considered to be an exacerbating rather than mitigating circumstance.
 
Subpart C.  Relationship to parallel proceedings   
In general, College and system office investigation and disciplinary procedures for allegations of sexual violence will proceed independent of any action taken in criminal or civil courts. The College need not, and in most cases should not, delay its proceedings while a parallel legal action is on-going. If the College is aware of a criminal proceeding involving the alleged incident, they may contact the prosecuting authority to coordinate when feasible. Criminal or civil court proceedings are not a substitute for College and system office procedures.
 
Subpart D.  Memorandum of understanding with local law enforcement
Saint Paul College and local and county law enforcement agencies work as part of a sexual assault protocol team to facilitate effective cooperation and collaboration between the College and law enforcement.   
 
Subpart E.  False statements prohibited  
The College, and the system office take allegations of sexual violence very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual violence or during the investigation of such a complaint or report may be subject to discipline or under certain circumstances, legal action. Complaints of conduct that are found not to violate policy are not assumed to be false.
 
Subpart F.  Withdrawn complaint  
If a complainant no longer desires to pursue a complaint through the College’s proceeding, the College reserves the right to investigate and resolve the complaint as it deems appropriate.
 
Subpart G.  Discretion to pursue certain allegations
The College reserves discretion whether to pursue alleged violations of policy under appropriate circumstances, including, but not limited to, a determination that an effective investigation is not feasible because of the passage of time, or because the respondent is no longer a student or employee of the College. 
 
Subpart H.  Sanctions  
Sanctions that may be imposed if a finding is made that sexual violence has occurred include, but are not limited to, suspension, expulsion of students or termination from employment. The appropriate sanction will be determined on a case-by-case basis taking into account the severity of the conduct, the student’s or employee’s previous disciplinary history, and other factors as appropriate.
 
Witnesses or victims who report in good faith an incident of sexual violence will not be sanctioned by the college for admitting in the report to a violation of the student conduct policy on the use of alcohol or drugs.
 
Subpart J.  Retaliation prohibited  
Actions by a student or employee intended as retaliation, reprisal or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.
 
Part 7.  Sexual Violence Prevention and Education
 
Subpart A.  Campus-wide training
 
Saint Paul College shall:
Provide training on awareness of sexual violence prevention measures and procedures for responding to incidents of sexual violence. At a minimum, all incoming students and all new employees must be provided this training. 
 
Emphasize in their educational programs the importance of preserving evidence for proof of a criminal offense, safe and positive options for bystander intervention, and information on risk reduction to recognize warning signs of abusive behavior and risk associated with the perpetration of sexual violence. 
 
Subpart B.  Other training and education  
Saint Paul College and affiliated student organizations may also develop 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. 
 
Subpart C.  Training for individuals charged with decision making authority 
Prior to serving as either an investigator or decision maker for complaints under this procedure, administrators shall complete investigator or decision-maker training provided by the system office. 
 
Investigators/decision-makers, campus security officers, and anyone else involved in the adjudication process must receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. 
 
Part 8.  Maintenance of Report/Complaint Procedure Documentation.  
Data that is collected, created, received, maintained or disseminated about incidents of sexual violence will be handled in accordance with the privacy requirements of the Minnesota Statutes Chapter 13 (Minnesota Government Data Practices Act), and other applicable laws.
 
Information on reports of incidents of sexual violence that are made to Campus Security Authorities must be documented in accordance with the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act, codified at 20 U.S.C. § 1092 (f).  Such information will be used to report campus crime statistics on college campuses as required by the Act.
 
The College shall annually report statistics on sexual assaults to the Minnesota Office of Higher Education. Additionally, the report must be published on the college website in accordance with state law. 
 
During and upon the completion of the complaint process, the complaint file must be maintained in a secure location. Access to complaint file information, including information stored electronically, must be in accordance with the applicable collective bargaining agreement or personnel plan, the Minnesota Government Data Practices Act, the Family Educational Rights and Privacy Act and other applicable law and policy.
 
Part 9. Support Information
 
Emergency Numbers
  • Emergency - 911
  • Saint Paul Police Departments - 651.291.1111
  • Public Safety - 651.846.1322
  • Saint Paul College Title IX Officer - 651.846.1327
  • Saint Paul College Counseling Office - 651.846.1383
  • Crisis Connection - 612.379.6363
  • Aurora Center - 800.656.4673
  • Sexual Offense Services of Ramsey County - 651.643.3006
  • Support Group – First Call for Help - 651.224.1131