Policies on Sexual Assault, Sexual Violence and Sexual Harassment I. Institutional Policy Statement St. Catherine University believes that all members of our campus communities are entitled to an environment which enables them to develop and contribute to their full capacity. When sexual harassment occurs, the standards of the institution are violated and the environment is disrupted. Sexual harassment is prohibited by law and by the institutional standards at the St. Catherine University. Sexual harassment committed on property owned or rented by the St. Catherine University, by a student, faculty, or staff member against any student, faculty, staff member or visitor is prohibited and shall be considered a violation of this policy. In addition, sexual harassment committed by a student, faculty member or staff member against a member of these groups anywhere other than property owned or rented by St. Catherine’s will violate this policy if the alleged conduct adversely and seriously affects the accused’s suitability as a member of the university community. Any person violating this policy is subject to disciplinary action up to and including discharge of an employee or expulsion of a student. Incidents of sexual harassment may also violate state or federal law. An individual who believes that she/he has been sexually harassed may pursue legal action in addition to filing an internal complaint with the university. Retaliation against an individual who brings a complaint or participates in an investigation of sexual harassment, or pursues legal action, is prohibited and will not be tolerated. II. Definition of Sexual Harassment As defined by the State of Minnesota, "sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when: 1) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining education or employment; or 2) Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting that individual’s education or employment; or 3) That conduct has the purpose or effect of substantially interfering with an individual’s education or employment, or creating an intimidating, hostile or offensive educational or employment environment and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action. Sexual harassment may include any unwelcome sexual behavior and is not limited by the gender of either the alleged victim or perpetrator. Sexual harassment may include physical or verbal conduct. III. Complaint Process A complaint of sexual harassment may be made by students, faculty or staff to any department supervisor or chairperson, the Director of Human Resources, the Associate Deans of Student Affairs or any member of the President’s Cabinet. Student complaints will be referred for investigation to the Vice President of Student Affairs. If the complaint alleges that another student is responsible for sexual harassment, the complaint will be resolved in accordance with the student judicial system. Faculty complaints will be referred for investigation to the Vice President of Academic Affairs. Staff complaints will be referred for investigation to the Director of Human Resources. University personnel (including faculty and staff) are obligated to report all suspected or alleged incidents of sexual harassment to personnel as defined above. Licensed counselors in the Counseling Center, and the clergy in Campus Ministry are not obligated to report the incidents of sexual harassment, since those individuals are viewed as confidential resources. Complaints need not initially be in writing, however, every complaint of sexual harassment will be investigated. If during the course of the investigations it is determined that no sexual harassment has occurred, the Sexual Harassment Officer will refer the concern to the appropriate office/staff supervisor for resolution. The complainant may be requested to submit a detailed description of the alleged violation of this policy as well as any additional information considered relevant to an investigation in writing. If it appears that the safety or security of a complainant is in jeopardy, appropriate action will be taken. The investigation will afford the accused an opportunity to respond to the allegations. In addition, the complainant and any other persons believed to have information relevant to the investigation may be interviewed. Informal resolution of a complaint may occur prior to, during, or as a result of an investigation, if appropriate and if recommended by the investigator and if acceptable to the complainant. If the results of the investigation indicate sexual harassment has occurred, the college will take appropriate action. Such action may include sanctions such as counseling, loss of privileges, housing restrictions, suspension, or expulsion for students and counseling, suspension or termination for faculty and staff. IV. Education and Training Responsibility for educating the university community on both campuses regarding the university’s policy against sexual harassment will rest with the Vice President of Academic Affairs, Vice President of Student Affairs, and the Director of Human Resources. Educational materials and programs will be designed to assist all members of the college community in recognizing and preventing sexual harassment. V. Consensual Relationships Consenting romantic or sexual relationships between faculty/administrators/staff and any student or between any supervisor and a subordinate, are considered to be unethical and have no place at the university. The respect and trust accorded a faculty/administrator/staff by a student, as well as the power exercised by the faculty/administrator/staff in giving praise or blame, grades, recommendations, etc., greatly diminish the student’s actual freedom of choice should sexual favors be requested. Therefore, faculty/administrators/staff are warned against the possible costs of even an apparently consenting relationship. The same is true for all superior/subordinate relationships on campus be they between administrators and faculty or staff, faculty and staff, staff and students or faculty and students. Any university employee who enters into a sexual relationship with a student or subordinate where a professional power differential exists must realize that, if a charge of sexual harassment is subsequently lodged, the fundamentally asymmetric nature of the relationship may make it exceedingly difficult to prove mutual consent. Consistent with the AAUP Statement on Professional Ethics, the university views amorous relationships between faculty and students to be wrong if the faculty member has or has had any professional responsibility for the student either in or out of the classroom. Likewise, no university employee (administrator, faculty, staff or student) shall have an amorous relationship with a student or employee whose work is being supervised by that university employee. Consenting romantic or sexual relationships between faculty or administrators and students or employees which occur outside the instructional or supervisory context may also lead to difficulty, particularly when the parties involved are in the same instructional or work unit/department. Relationships that the parties involved view as mutual and consensual may be viewed by others as exploitative and may negatively affect the work environment, in that serious conflicts of interest may be perceived to exist. In such cases, faculty or staff members who fail to withdraw from participation in activities or decisions that reward or penalize the student or employee with whom the faculty or staff member is having or has had an amorous relationship will be considered to have committed a serious breach of professional ethics. If such behavior comes to the attention of the university and the faculty or staff member persists in the behavior, the college will take appropriate disciplinary action. Sexual Assault and Sexual Violence Policy I. Institutional Policy Statement St. Catherine University does not tolerate sexual assault or sexual violence. Sexual assault in any form, including acquaintance or date rape, is unacceptable. Sexual assault is a violation of the standards of the university community and a criminal act under the laws of the state of Minnesota. Sexual assault and sexual violence committed on property owned or rented by St. Catherine University by a student, faculty or staff member against any student, faculty or staff member is prohibited and shall be considered to be a violation of this policy. In addition, sexual assault or sexual violence committed by a student, faculty or staff member against a student, faculty or staff member anywhere other than on property owned or rented by St. Catherine’s will violate this policy if the alleged conduct adversely and seriously affects the accused’s suitability as a member of the university community. Sexual assault and sexual violence may be violations of State law. St. Catherine encourages individuals who believe they have been victims of sexual assault or sexual violence to pursue criminal action against the alleged perpetrator. An individual may pursue criminal action and an internal college complaint concurrently. Retaliation against an individual who brings a complaint or participates in an investigation of sexual assault or sexual violence or pursues legal action is prohibited and will not be tolerated. II. Definition of Sexual Assault and Sexual Violence Under Minnesota law, sexual assault and sexual violence may include a range of sexual conduct including stranger rape, acquaintance rape, marital rape, same-sex assault, child sexual abuse, incest and unwelcome touching or contact. Sexual assault may include sexual penetration (however slight), sexual contact carried out under coercion, with the threat of force, or a weapon, through a position of authority or when the victim is mentally handicapped or physically helpless. Sexual assault may also include physical contact with a person’s genital area, other bodily orifices or with a person’s buttocks or breasts if the contact or touching is done without consent. The use of alcohol or drugs by either party is not considered to decrease the responsibility for sexual assault under this policy. Conduct may be considered sexual assault even if: the attacker is someone known to the victim/survivor the assault happens on a date the individuals have engaged in sexual touching and kissing prior to the assault the individuals have had consensual intercourse in the past the individuals are married the individuals are under the influence of alcohol or other drugs there was no weapon involved there was no evidence of a struggle or resistance there are no other witnesses. III. Immediate Action Any victim of sexual assault or sexual violence should seek immediate medical and emotional assistance. Assistance is available by calling (9-911), the St. Paul Police (651-291-1111), the Minneapolis Police (612-348-2345), Public Safety (8888), Regions Hospital (651-254-5000) or Hennepin County Medical Center (612-873-3000). The Department of Public Safety will assist victims with initiating police contact and will assist with transportation arrangements to the hospital. Concerns regarding future security, academic issues or housing arrangements should be addressed to Public Safety and the Office of Student Affairs. Students will be notified of the options for, and available assistance in, changing academic and living situations, if so requested by the victim and if such changes are reasonably available. The university recognizes that any decision to report a sexual assault to the police is the right of the victim. However, university personnel responding to an incident of sexual assault or sexual violence will inform the victim of the options of criminal prosecution, medical assistance and the university’s complaint process. Campus personnel will assist the victim with these contacts if requested. In addition, confidential counseling, support resources, academic assistance and alternative housing assignments will be discussed as appropriate. University personnel will also inform victims of their rights under the Crime Victim’s Bill of Rights, including assistance from the Minnesota State Crime Victim’s Reparations Board and the Minnesota State Office of the Crime Victim Ombudsman. University personnel (including faculty and staff) are obligated to report immediately all suspected or alleged incidents of sexual assault or sexual violence to the Security Supervisor. Licensed counselors in the Counseling Center, licensed medical staff in the Health and Wellness Center, clergy of Campus Ministry are not obligated to report incidents of sexual assault or sexual violence, since those individuals are viewed as confidential resources. It is important for victims to preserve any evidence resulting from a sexual assault needed for criminal prosecution. Public Safety and other university personnel will provide assistance in preserving materials considered relevant to the internal complaint process and, when requested by the St. Paul or Minneapolis Police will provide assistance in obtaining, securing, and maintaining evidence needed for criminal prosecution. The university and the metropolitan area offer a variety of support services, which a victim may wish to utilize for support and counseling: St. Paul Campus resources Counseling Center - 690-6805 Health & Wellness - 690-6714 Campus Ministry - 690-6724 Residence Life - 690-6617 Office of Student Affairs - 690-6778 Minneapolis Campus Resources Counseling Center - 690-7767 Health Information Center - 690-7764 Student Services - 690-7830 Office of Student Affairs - 690-6778 Off-Campus Resources Emergency - 9-911 St. Paul Sexual Offense Service (SOS) - 651-298-5898 Minneapolis Sexual Violence Center - 651-871-5111 Rape & Sexual Assault Center 651-825-4357 IV. Complaint Process Complaints of sexual assault or sexual violence may be made by students, faculty or staff to any department supervisor or chairperson, the Associate Deans of Student Affairs, the Director of Human Resources, the Security Supervisor, or to any member of the President’s Cabinet. Complainants will be offered assistance and referral for counseling, medical or other support. Sexual assault or sexual violence against a student is investigated by the Vice President of Student Affairs’ office. If the complaint alleges that another student is responsible for the sexual assault or sexual violence the complaint will be resolved in accordance with the student judicial system. Sexual assaults or sexual complaints against a staff or faculty member are referred for investigation to the Director of Human Resources. Public Safety may assist with investigations. Prior to an investigation, the complainant will be reminded of her/his options for criminal prosecution and her/his rights under the Crime Victims Bill of Rights. If it appears that the safety or security of an individual is in jeopardy, appropriate action will be taken. Investigations will be undertaken by the Vice President of Student Affairs’ office or the Department of Human Resources, as appropriate. The investigation will afford the accused an opportunity to respond to the allegations. In addition, persons with information relevant to the complaint may be interviewed. The complainant and the accused have the right to be accompanied by a support person (including an attorney) during any proceeding. Both the complainant and the accused will be informed of the outcome of the investigation. If the results of the investigation indicate sexual assault or sexual violence has occurred, the university will take appropriate action. If the accused is a student, the Dean of Students or his designee may impose disciplinary sanctions including, but not limited to, counseling, chemical dependency assessment, warning, probation, loss of privileges, housing restrictions, suspension or expulsion. If the accused is a staff or faculty member the Director of Human Resources may recommend to the appropriate Vice President disciplinary sanctions including, but not limited to, counseling, chemical dependency evaluation, warning, suspension or termination. V. Education and Training Responsibility for educating the university community on both campuses about sexual assault and sexual violence will rest with the Vice President of Academic Affairs, the office of Student Affairs and the Director of Human Resources. Educational materials and programs will be designed to assist all members of the campus community in recognizing and preventing sexual assault and sexual violence. VI. Consensual Relationships Consenting romantic or sexual relationships between faculty/administrators/staff and any student or between any supervisor and employee, are considered to be unethical and have no place at the University. The respect and trust accorded a faculty/administrator/staff by a student, as well as the power exercised by the faculty/administrator/staff in giving praise or blame, grades, recommendations, etc., greatly diminish the student's actual freedom of choice should sexual favors be requested. Therefore, faculty /administrators/staff are warned against the possible costs of even an apparently consenting relationship. The same is true for all superior/subordinate relationships on campus be they between administrators and faculty or staff, faculty and staff, staff and students or faculty and students. Any university employee who enters into a sexual relationship with a student or subordinate where a professional power differential exists must realize that, if a charge of sexual harassment is subsequently lodged, the fundamentally asymmetric nature of the relationship will make it exceedingly difficult to prove mutual consent. Consistent with the AAUP Statement on Professional Ethics, the university views amorous relationships between faculty and students to be wrong if the faculty member has or has had any professional responsibility for the student in or out of the classroom. Likewise, no college employee (administrator, faculty, staff or student) shall have an amorous relationship with a student or employee whose work is being supervised by that university employee. Consenting romantic or sexual relationships between faculty or administrators and students or employees which occur outside the instructional supervisory context may also lead to difficulty, particularly when the parties involved are in the same instructional or work unit/department. Relationships that the parties involved view as mutual and consensual may be viewed by others as exploitative and may negatively affect the work environment, in that serious conflicts of interest may be perceived to exist. In such cases, faculty or staff members who fail to withdraw from participation in activities or decisions that reward or penalize the student or employee with who the faculty or staff member is having or has had an amorous relationship will be considered to have committed a serious breach of professional ethics. If such behavior comes to the attention of the college and the faculty or staff member persists in the behavior, the university will take appropriate disciplinary action. List of Victim Rights (published by the Office of Crime Victims Ombudsman) RIGHT TO BE NOTIFIED OF: Plea bargain agreements. Changes in court schedules, date, time, and place of sentencing. Release of offender from prison or institution. Victims Rights RIGHT TO PARTICIPATE IN PROSECUTION: Right to inform court of impact of crime at pre-trial and sentencing. Right to have input in pre-trial diversion program. Right to object to plea bargain. Right to request speedy trial. Right to bring supportive person to pre-trial hearing. Right to attend sentencing. Right to give written objections to sentence. RIGHT TO PROTECTION FROM HARM: Tampering with a witness is against Minnesota law. Witnesses do not have to give their addresses in court. Victims have the right to a secure waiting area during court. Employers may not discipline or dismiss victims or witnesses who are called to testify in court. FINANCIAL ASSISTANCE Victims may be eligible for financial assistance from the state if they have suffered economic loss. Victims may request of the court that restitution be paid. If you are a crime victim or witness and you believe your rights have been violated, call the: Office of Crime Victims Ombudsman Toll-Free - 1-800-247-0390 or your local victim assistance program For financial assistance, crime victims may contact the Minnesota Crime Victims Reparations Board, 1821 University Ave., Suite N465, St. Paul, MN, 55104, 1-800-247-0390.