Printed on: 11/10/2022. Please go to policy.umn.edu for the most current version of the document. Show
Policy StatementThe University of Minnesota (the “University”) is committed to taking prompt and effective steps intended to end sexual harassment, sexual assault, stalking, relationship violence, and related retaliation, prevent their recurrence and, as appropriate, remedy their effects. This policy outlines the University’s definitions and procedures related to these types of misconduct. This policy applies to University members, who include:
This policy applies to acts of sexual harassment, sexual assault, stalking, relationship violence, and related retaliation committed by or against students, employees, and third parties when:
To the extent any provision of this policy conflicts with Board of Regents Policy: Sexual Harassment, Sexual Assault, Stalking and Relationship Violence, the Board policy controls. To the extent any provision of this policy conflicts with any other University policy, this policy controls. Nothing in this policy should be interpreted to abridge academic freedom or principles of free speech. I. PROHIBITIONAll University members are prohibited from engaging in, or assisting or abetting another’s engagement in, sexual assault, sexual harassment, relationship violence, stalking, and related retaliation (collectively “prohibited conduct”). II. RESOURCES AND RIGHTS FOR COMPLAINANTS AND RESPONDENTS
III. REPORTING AND OTHER OBLIGATIONS RELATED TO PROHIBITED CONDUCTIn order to foster an environment free of prohibited conduct, all University members are encouraged to take reasonable prudent actions to prevent, stop, and report all acts of prohibited conduct. In addition, University members have the following reporting and other obligations related to possible prohibited conduct.
IV. CAMPUS TITLE IX OFFICES’ RESPONSES TO ALLEGED PROHIBITED CONDUCT
In addition to contacting a complainant as set forth in Section IV.A, upon learning about possible prohibited conduct, the campus Title IX office will take one of the following three actions.
V. INFORMAL PROBLEM-SOLVING PROCESSThe campus Title IX office may initiate an informal problem-solving process when a grievance process has not been initiated or has been dismissed as described in Section VI.H. In an informal problem-solving process, the campus Title IX office does not determine whether a respondent has violated University policy. However, the campus Title IX office may provide resources to help address the concerns raised and make recommendations for responsive action, including actions aimed at preventing misconduct from occurring. For example, informal problem-solving processes may include:
Even if the campus Title IX office originally initiates an informal problem-solving process, the Title IX Coordinator may decide, after the campus Title IX office has gathered additional information about the alleged prohibited conduct, that it is appropriate to sign a formal complaint and initiate a grievance process. VI. THE GRIEVANCE PROCESSThe campus Title IX office will initiate the grievance process when a formal complaint alleging prohibited conduct in violation of this policy is filed by a complainant or signed by the Title IX Coordinator.
VII. RECORDKEEPINGThe University will maintain the following for the longer of seven years or the retention period required by Administrative Policy: Managing University Records and Information:
Records of all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. The University will compile and maintain publicly available records, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the complainant. The University will provide complainants and respondents with access to their records related to any of the prohibited conduct processes set forth in this policy in accordance with the law. VIII. POLICY REVIEWThe Office of Equal Opportunity and Affirmative Action (EOAA) will annually review this policy. IX. TRAININGTitle IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will receive training on:
Individuals who conduct the University’s grievance process will also be trained annually on issues related to prohibited conduct and on how to conduct a grievance process that protects the safety of victims and promotes accountability. Materials used to train individuals who conduct the University’s grievance process will:
To facilitate the goals of this policy, the University will make training on prohibited conduct available to students, employees, and volunteers. Reason for PolicyThe University adopts this policy to implement Board of Regents Policy: Sexual Harassment, Sexual Assault, Stalking and Relationship Violence and to implement its commitment to: 1) taking prompt and equitable action to eliminate, prevent and address the effects of prohibited conduct; 2) fostering a trusting environment where prohibited conduct is not tolerated; 3) cultivating a climate where all persons are well-informed and supported with respect to reporting prohibited conduct; 4) providing a fair and impartial process that treats all participants with dignity; and 5) identifying the standards by which violations of this policy will be evaluated and disciplinary action may be imposed.
Responsible Individuals Vice President, Office for Equity and Diversity Director and Title IX Coordinator, Office of Equal Opportunity and Affirmative Action Tina Marisam Director and Title IX Coordinator, Office of Equal Opportunity and Affirmative Action DefinitionsAdvisorAn individual who conducts cross-examination on behalf of a party, and who may also accompany the party to meetings in the grievance process and otherwise participate in the live hearing, among other things.Assists or AbetsAn individual assists or abets prohibited conduct when the individual: 1) helps any other person to engage in prohibited conduct; and 2) intends the prohibited conduct to occur or knows that their actions are significantly likely to help the other person to engage in prohibited conduct.Campus Title IX Office.The phrase “campus Title IX office” refers to campus Title IX office staff members and others designated to carry out the responsibilities described in this policy. ComplainantAn individual is a “complainant” when the University learns that the individual may have experienced prohibited conduct. Complainants may be assisted under this policy even if they have not reported prohibited conduct to the University or pursued a prohibited conduct process under this policy. Formal complaintA formal complaint is a document filed by a complainant or signed by the Title IX Coordinator that: 1) alleges that an individual engaged in prohibited conduct toward a complainant; and 2) requests that the University investigate the allegation of prohibited conduct. A complainant files a formal complaint by submitting such a document to the campus Title IX office that contains the complainant’s physical or digital signature or otherwise indicates that the complainant is the individual filing the formal complaint. A formal complaint may be filed with the Title IX Coordinator in person, by mail, by e-mail, or through an online portal provided for this purpose, where available.PartyRefers to a complainant or respondent.Prohibited conductProhibited conduct includes sexual assault, sexual harassment, stalking, relationship violence, and retaliation as defined by this policy.Relationship violence Relationship violence is: 1) actual, attempted or threatened violence by one individual against another individual with whom they are, or have been, in a social relationship of a romantic or intimate nature; or 2) conduct that would constitute a felony or misdemeanor crime of violence by an individual against: (i) a current or former spouse or intimate partner; (ii) an individual with whom they share a child; (iii) an individual similarly situated to a spouse under the Minnesota state domestic or family violence laws; or (iv) any adult or youth who is protected from the individual’s acts under the Minnesota state domestic or family violence laws. While relationship abuse can include non-physical tactics – such as emotional, psychological and fiscal abuse and control – this policy addresses only physical acts of relationship violence. Individuals who experience any type of relationship abuse, including non-physical tactics not covered by this policy, are encouraged to seek help from campus or community resources.
Adverse actions are actions that might deter a reasonable person from reporting suspected or alleged prohibited conduct; expressing opposition to suspected or alleged prohibited conduct; testifying, assisting, participating (or not participating) in the grievance process related to a prohibited conduct allegation; or accessing the Office for Conflict Resolution. Examples of adverse action include, but are not limited to:
Good faith participation means: 1) reporting or expressing opposition to prohibited conduct based on a reasonable belief that prohibited conduct has occurred, or 2) honestly participating in an investigation of prohibited conduct or accessing conflict resolution services. For more information on retaliation, see FAQ: Retaliation in Sexual Harassment, Sexual Assault, Stalking and Relationship Violence Cases. RespondentAn individual is a “respondent” when the University learns that the individual is alleged to have engaged in conduct that could constitute prohibited conduct under this policy.Sexual assaultSexual assault is: 1) actual or attempted sexual contact without affirmative consent; or 2) a threat to engage in contact that would be, if the threat were carried out, sexual contact without affirmative consent.Sexual contact is intentional sexual touching with an object or body part. Depending on the context, it may include, but is not limited to: (i) intentionally touching the breasts, buttocks, groin or genitals of another individual; (ii) intentionally touching another individual with any of these body parts; and (iii) making an individual touch another individual or themselves with, or on, any of these body parts. Sexual contact can occur whether or not an individual’s body parts are covered by clothing. Affirmative consent is freely and affirmatively communicated words or actions given by an informed individual that a sober reasonable person under the circumstances would believe communicate a willingness to participate in the sexual contact. The following factors will be considered when determining whether affirmative consent was given.
Consent is not obtained where:
The determination of whether conduct is unwelcome is made according to a subjective standard. In other words, the determination is made based on whether the complainant viewed the conduct as unwelcome. This subjective standard reflects understanding that an individual may submit to or participate in sexual conduct with an individual with greater power (e.g., an advisor, supervisor, instructor) because the subordinate individual fears potential negative repercussions if they refuse, and not because they welcome the conduct. Sexual harassment may include conduct that is verbal, nonverbal, graphic, and/or physical. Individuals of all genders can be victims of sexual harassment, and the complainant and respondent can be of the same or different genders. The following conduct may lead to a decision that a respondent engaged in sexual harassment:
Stalking includes cyber-stalking, in which an individual uses electronic media, such as the internet, social networks, blogs, cell phones, texts, or other methods or forms of contact to engage in stalking.
Stalking will be designated Title IX stalking by the campus Title IX office if it meets the above definition and the complainant is participating or attempting to participate in a University education program or activity at the time the complainant files a formal complaint, or if it meets the above definition and the Title IX Coordinator signs a formal complaint. Title IX-based prohibited conductTitle IX-based prohibited conduct is a subset of prohibited conduct that includes Title IX sexual assault, Title IX sexual harassment, Title IX stalking, and Title IX relationship violence. Any prohibited conduct alleged in a formal complaint that can be designated as Title IX-based prohibited conduct, will be so designated by the campus Title IX office. In some cases, this policy calls for specific procedures that apply only to Title IX-based prohibited conduct. If conduct is designated as Title IX-based prohibited conduct, those specific procedures must apply.University EmployeesUniversity employees include the following individuals:
ResponsibilitiesAppellate OfficerDecides appeals of: 1) decisions to designate the alleged conduct as Title IX-based prohibited conduct or to not make that designation; 2) decisions to not initiate a grievance process, despite a complainant’s request for a grievance process, because the alleged conduct, if substantiated, would not constitute prohibited conduct under the policy; 3) decisions to dismiss a formal complaint as set forth in Section VI.H.; and 4) Written Determinations.Counseling Services OfficesProvide counseling services and referrals.Campus Title IX OfficesRespond to reports of prohibited conduct through informal problem-solving or grievance processes.Health Care ServicesProvide health care and counseling, and referrals.Human ResourcesAssist in responding to alleged prohibited conduct committed by employees.Police Departments
HistoryAmendedOctober 2021 - Changes were made to align our policy with the Title IX Regulations and Campus Save Act, Guidance from Office of Civil Rights, and recent court decisions. In addition, changes were made to improve the informal resolution process. In addition, changes were made to improve the informal resolution process. AmendedDecember 2020 - updated Privacy and Security in Statement.AmendedAugust 2020 – Revised to comply with new federal Title IX regulations. This revised policy applies to reports received by the campus Title IX office on or after August 14, 2020, except that definitions from the policy in place at the time the alleged prohibited conduct occurred will be used to make the decision on responsibility.EffectiveJanuary 2018 - New policy: 1. Consolidates information from two current administrative policies: Sexual Harassment, and Sexual Assault, Stalking and Relationship Violence. 2. Provides a detailed description as to how the University responds to sexual misconduct reports. 3. Incorporates the new standard language on retaliation. 4. Broadens employee’s obligation to report sexual misconduct.Which of the following relationships is not fraternization?The following relationships are permitted in the military and not considered fraternization: Dating between enlisted members of the same rank. Dating between enlisted members and civilian employees or government contractors.
What type of cases should a command promptly notify NCIS?Commands shall immediately report allegations involving either incest or extra-familial child sexual abuse to base security/ police and NCIS, and to the Bureau of Naval Per- sonnel (BUPERS) (Pers-8 and Pers-6').
What individuals are ultimately responsible for the safety of a Navy unit?What individual(s) is/are ultimately responsible for the safety of a Navy unit? Commanding Officer only. Commanding officers are required to review documentation associated with a new Sailor's Enlisted Official Military Personnel Fidel (OMPF) field code 91 entries within what maximum number of days of assignment?
Which of the following command personnel has a mandatory membership to the CRT?Mandatory membership includes the Executive Officer (XO), one department head (DH), one department leading chief petty (LCPO) officer, command career counselor, personnel officer, legal officer, Sexual Assault Prevention and Response (SAPR) point of contact (POC), drug and alcohol program advisor (DAPA), command ...
|