fb BOARD POLICY 1B.3 SEXUAL VIOLENCE POLICY
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Saint Paul College A Community & Technical College

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​​​​​SAINT PAUL COLLEGE POLICIES

Saint Paul College is part of the Minnesota State system and the policies surrounding sexual violence, relationship violence, stalking, and sexual harassment have been developed by Minnesota State.

BOARD POLICY 1B.3 SEXUAL VIOLENCE POLICY

Part 1. 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. Minnesota State 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 of other Board Policies that may require separate proceedings. To further its commitment against sexual violence, Minnesota State provides reporting options, an investigative and disciplinary process, prevention training, and other related services as appropriate.

Subpart A. Application of policy to students, employees, Board of Trustees and others
This policy applies to all Minnesota State students and employees, Board of Trustees and to others, as appropriate, where incidents of sexual violence on system property have been reported. Reports of sexual violence committed by a student at a location other than on system property are covered by this policy pursuant to the factors listed in Board Policy 3.6, Part 2. Reports of sexual violence committed by a system employee at a location other than system property are covered by this policy.

Reports of sexual violence committed on system property by individuals who are not students or employees are subject to appropriate actions by Minnesota State, including but not limited to pursuing criminal or civil action against them.

Allegations of discrimination or harassment are governed by Board Policy 1B.1.


Subpart B. College and university policies
Each Minnesota State college and university shall adopt a clear, understandable written policy on sexual violence that applies to its campus community, including but not limited to its students and employees. The policy content and implementation must be consistent with the standards in this policy and System Procedure 1B.3.1.

Part 2. Definitions

The following definitions apply to this policy and System Procedure 1B.3.1.

Affirmative consent
Consent is informed, freely given, and mutually understood willingness to participate in sexual activity that is expressed by clear, unambiguous, and affirmative words or actions. It is the responsibility of the person who wants to engage in sexual activity to ensure that the other person has consented to engage in the sexual activity. Consent must be present throughout the entire sexual activity and can be revoked at any time. 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, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. A lack of protest, absence of resistance, or silence alone does not constitute consent, and past consent to sexual activities does not imply ongoing future consent. The existence of a dating relationship between the people involved or the existence of a past sexual relationship does not prove the presence of, or otherwise provide the basis for, an assumption of consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

Dating, intimate partner, and relationship violence
Violence including physical harm or abuse, and threats of physical harm or abuse, arising out of a personal intimate relationship. This violence also may be called domestic abuse or spousal/partner abuse and may be subject to criminal prosecution under Minnesota law.

Employee
Any individual employed by Minnesota State, its colleges and universities and system office, including student workers.

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.

Sexual assault
An actual, attempted, or threatened sexual act with another person without that person’s affirmative consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under Minnesota State student codes of conduct and employee disciplinary standards. Sexual assault includes but is not limited to:

  1. 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.
  2. Involvement in any sexual act when the victim is unable to give consent.
  3. Intentional and unwelcome touching of a person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast); or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts.
  4. Offensive sexual behavior directed at another, such as indecent exposure or voyeurism.

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

Stalking
Conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause reasonable people to fear for their safety or the safety of others or to suffer substantial emotional distress.

Student
All persons who:

  1. Are enrolled in one or more courses, either credit or non-credit, through a college or university; or
  2. Withdraw, transfer, or graduate after an alleged violation of the code of student conduct; or
  3. Are not officially enrolled for a particular term but who have a continuing relationship with the college or university; or
  4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid; or
  5. Are not college or university employees and are not enrolled in the institution but live in a college or university residence hall.

System property
The facilities and land owned, leased, or under the primary control of Minnesota State, its Board of Trustees, system office, colleges, and universities.

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: www.minnstate.edu/board/policy/index.html

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 and Vice Presidents;
  • Deans;
  • Business Manager;
  • Bookstore Manager;
  • Department Chairs;
  • Financial Aid Supervisor;
  • Human Resources Director;
  • Affirmative Action Officer;
  • Director or Student Life;
  • Registrar

Designated Officers at Saint Paul College

Dean of Student Success & Chief Diversity Officer: Wendy Roberson
651.846.1757 – Administration Office, Room 1415 – wendy.roberson@saintpaul.edu

Director of Student Rights and Responsibilities & Title IX Coordinator: Mike Gerold
651.846.1327 – Room 1401C – michael.gerold@saintpaul.edu

Department of Public Safety
651.846.1322 – Room 1355 – psafety@saintpaul.edu

Confidential Reporting Resources at Saint Paul College

Director of Mental Health: Rachel Flaherty, LMFT
651.403.4197 – Room 1245 – rachel.flaherty@saintpaul.edu

Personal Counselor: Lisa Hanes Goodlander
651.846.1383 – Advising Office Suite, Room 1340 – lisa.hanesgoodlander@saintpaul.edu

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 a designated officer or confidential reporting resource.

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 a designated officer or confidential reporting resource.

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.

To file a confidential report in person, you can speak with a confidential reporting resource.

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 a designated officer.

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:
    1. 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.
    2. 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.
    3. 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:
    1. Their right to file criminal charges with local law enforcement officials in sexual assault cases;
    2. 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;
    3. 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;
    4. Assistance available from campus authorities in preserving for a sexual violence complainant materials relating to a campus disciplinary proceeding;
    5. That complaints of incidents of sexual violence made to campus security authorities must be promptly and appropriately investigated and resolved;
    6. 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.
    7. 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.

Employee reassignment or administrative leave
Under appropriate circumstances, the president or chancellor may, in consultation with system legal counsel and labor relations, reassign or place an employee on administrative leave at any point in time during the report/complaint process. In determining whether to place an employee on administrative leave or reassignment, consideration shall be given to the nature of the alleged behavior, the relationships between the parties, the context in which the alleged incidents occurred and other relevant factors. Any action taken must be consistent with the applicable collective bargaining agreement or personnel plan. Source: Minnesota State System Procedure 1B.1.1, www.minnstate.edu/board/procedure/1b01p1.html

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).

Summary Suspensions
In certain circumstances, a summary suspension may be imposed prior to an informal or formal proceedings. A summary suspension may be imposed only when the accused student's presence on the college or university campus would constitute a threat to the safety and well-being of members of the campus community. To the greatest extent possible before implementing the summary suspension, the accused student must be given oral or written notice of the intent to impose summary suspension and must be given an opportunity to present oral or written arguments against the imposition of the suspension. However, the refusal of a student to accept or acknowledge this notice must not prevent the implementation of a summary suspension. Notice of the summary suspension must be provided in writing to the student. After the student has been summarily suspended, the student must be provided an opportunity for an informal process or formal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days. During the summary suspension, the student may not enter the campus or participate in any college or university activities without obtaining prior permission from the administrator. Source: Minnesota State System Procedure 1B.1.1 or Board Policy 3.6, www.minnstate.edu/board/procedure/306p1.html

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.

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