Rochester: Dating Violence, Domestic Violence, Sexual Assault and Stalking (DVDVSAS)

For the purpose of classifying incidents for inclusion in the Annual Statistical Disclosure, the following definitions are used.

Dating Violence

The term ‘‘dating violence’’ means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and; the existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition—Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence

The term ‘‘domestic violence’’ means:

Felony or misdemeanor crimes of violence committed—

• By a current or former spouse or intimate partner of the victim; By a person with whom the victim shares a child in common;
• By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (iv) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
• By any other person against an adult or youth victim who is protected from that person’s acts under the
  domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Sexual Assault

Sexual assault means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system. A sex offense is generally defined as sexual contact directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling

The touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

Incest

Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape

Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.

For the purposes of this definition—

• “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property.
• “Substantial emotional distress” means significant mental suffering or anguish that may, but does not
  necessarily, require medical or other professional treatment or counseling.
• “Reasonable persons” means a reasonable person under similar circumstances and with similar identities to the victim.

The following definitions are for the purpose of educating readers regarding jurisdictional crime definitions. Legal citations are given to enable the reader to access information on where the applicable definitions can be referenced under Minnesota law. Some terms are not explicitly defined under Minnesota law; in these instances, information is given to help readers situate VAWA terms in Minnesota State law.

Consent

MN 609.341 Subd. 4.

“Consent” means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act.

A person who is mentally incapacitated or physically helpless as defined by this section cannot consent to a sexual act.

Corroboration of the victim’s testimony is not required to show lack of consent.

Dating Violence

Minnesota law does not define dating violence.

Domestic Violence

MN 518B.01 Subd. 2

“Domestic abuse” means the following, if committed against a family or household member by a family or household member:

• physical harm, bodily injury, or assault;
• the infliction of fear of imminent physical harm, bodily injury, or assault; or
• terroristic threats, within the meaning of section 609.713, subdivision 1; criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; or interference with an emergency call within the meaning of section 609.78, subdivision 2.

“Family or household members” means:

• spouses and former spouses;
• parents and children;
• persons related by blood;
• persons who are presently residing together or who have resided together in the past;
• persons who have a child in common regardless of whether they have been married or have lived together at any time;
• a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
• persons involved in a significant romantic or sexual relationship.

Minnesota State Statute 609.2242 DOMESTIC ASSAULT

Minnesota State Statute 518B.01 DOMESTIC ABUSE ACT

Sexual Assault

The term sexual assault is not defined by Minnesota Law. The comparable crimes of rape, fondling, statutory rape, and incest are generally coded as criminal sexual conduct in the state of Minnesota.

“Minnesota law classifies the crime of criminal sexual conduct into five categories: first- through fifth-degree criminal sexual conduct, with first-degree carrying the most severe penalties and fifth-degree the least. Minn. Stat. §§ 609.342 to 609.3451.”

“Generally speaking, the first-degree and third-degree crimes apply to sexual conduct involving sexual penetration of the victim; the second-, fourth-, and fifth-degree crimes apply to sexual conduct involving sexual contact with the victim without sexual penetration.”

“Criminal sexual conduct in the first and second degree typically apply to conduct involving personal injury to the
victim; the use or threatened use of force, violence, or a dangerous weapon; or victims who are extremely young.”

“Criminal sexual conduct in the third, fourth, and fifth degree typically address less aggravated conduct and apply to other situations in which the victim either did not consent to the sexual conduct, was relatively young, or was incapable of voluntarily consenting to the sexual conduct due to a particular vulnerability or due to the special relationship between the offender and the victim.”

The above information is from the Minnesota State Legislature.

Stalking

MN 609.749 Subd. 1

“Stalking” means to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim.

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 to communicate a willingness to participate in the sexual contact.

The following factors will be considered when determining whether affirmative consent was given.

• Each individual who wishes to engage in sexual contact is responsible for obtaining consent from the other individual or individuals who intend to be involved in the sexual contact.
• A lack of protest, the absence of resistance, and silence do not by themselves indicate consent.
• The existence of a present or past sexual, dating, or other romantic relationship between the individuals involved does not by itself imply consent to sexual contact.
• Consent must be present throughout the sexual contact and may be given and withdrawn at any time.
• When consent is withdrawn, all sexual contact must stop. Where there is confusion about the state of consent, sexual contact must stop until the individuals have verified the affirmative consent of all individuals involved.
• Consent to one form of sexual contact does not by itself constitute consent to another form of sexual contact.

Consent is not obtained where:

• An individual is compelled to engage in unwanted sexual contact through the use of coercion. Coercion may consist of physical force, intimidation, threats, or severe or persistent pressure that would reasonably cause an individual to fear significant consequences if they refuse to engage in sexual contact.
• An individual involved in sexual contact is incapacitated due to the influence of drugs or alcohol, and a reasonable person would know of this incapacitation. Incapacitation due to the influence of drugs or alcohol is a state beyond mere intoxication or impaired judgment. 

Some indicators of incapacitation due to the influence of drugs or alcohol may include:

• A lack of control over one’s physical movement (for example, an inability to walk or stand without stumbling or assistance).
• An inability to effectively communicate (for example, where one’s speech is heavily slurred, incomprehensible, or nonsensical).
• A lack of awareness of one’s circumstances or surroundings (for example, a lack of awareness of where one is, how one got there, who one is with, and how or why one became engaged in sexual contact).
• An individual involved in sexual contact is unable to communicate or understand the nature or extent of the sexual situation because of a physical or mental condition.
• An individual involved in sexual contact is asleep, unconscious or involuntarily physically restrained.
• Sexual intercourse occurs with an individual who is not of legal age to give consent pursuant to Minnesota state law.
• Sexual intercourse occurs between parties who are related to each other within the degrees wherein marriage is prohibited by Minnesota state law.

The Sexual Misconduct Prevention Program (SMPP) develops, coordinates, and evaluates sexual misconduct prevention for students, staff, and faculty systemwide using evidence-based and data-driven strategies. With a public health and anti-oppression approach, they work in collaboration with key partners and stakeholders to institutionalize community- and systems-level policies, procedures, and programming that reduces sexual misconduct and increases equitable access to support.

The Sexual Misconduct Prevention Program strives to cultivate a University community free from sexual misconduct where all students, staff, and faculty can thrive in a safe, respectful, welcoming, and supportive environment.

The University utilizes an online educational primary prevention and awareness programs, developed by AliveTek, for all and incoming students. All incoming first-year and transfer undergraduate students, post-secondary enrollment options (PSEO) students, and graduate and professional students must complete a sexual assault prevention course, Cultivating Awareness & Prevention of Sexual Violence. By completing this course, students will understand:

• Their role in preventing sexual assault, relationship violence and stalking;
• How to respond supportively if someone discloses an experience of sexual misconduct to them;
• The University’s policies prohibiting sexual misconduct; and
• Available campus resources for students related to sexual misconduct.

The University requires all employees to complete an online training course, Employee Sexual Misconduct, Discrimination, and Retaliation Prevention Training. This training is an initiative of the Sexual Misconduct Prevention Program, Office for Equity and Diversity and will:

• equip employees with the knowledge and tools to prevent, recognize, and respond to sexual misconduct, discrimination, and retaliation;
• ensure compliance with federal and state regulations while upholding the University’s commitment to an inclusive environment;
• help create a safer campus community through prevention skill-building, education, and increased awareness of reporting mechanisms; and
• support our shared responsibility in maintaining a respectful workplace.

In addition to these courses, UMR requires all Residential Assistants (RAs) and Orientation Welcome Leaders (OWLs) to attend an in-person training on these topics with the Associate Vice Chancellor for Student Life and Director of Student Wellbeing. Incoming students also attend a session during fall orientation.

Equal Opportunity & Title IX Office (EOT)

EOT delivers workshops that include training and information on sexual misconduct upon request.

During Sexual Assault Awareness Month, UMR offers a variety of programming aimed at increasing awareness regarding sexual violence. In the past this programming has included communication in student newsletters and social media regarding consent. UMR partners with student clubs and organizations to lead events and there continues to be strong engagement from students with these programs.

“Bystander intervention” means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes:

• recognizing situations of potential harm
• understanding institutional structures and cultural conditions that facilitate violence
• overcoming barriers to intervening
• identifying safe and effective intervention options
• taking action to intervene

Active bystanders recognize emergency situations (sexual assault, alcohol abuse, safety) and non-emergency situations (noticing a friend is depressed, gambling, academic problems) and have the skills to intervene directly or indirectly.

Be a good bystander. If you recognize an emergency or non-emergency situation happening, use the “5 Ds” to
determine how to act.

• Direct: Confront the harasser or harmful behavior directly and calmly, if it feels safe to do so.
• Distract: Interrupt the situation without direct confrontation — for example, by starting a conversation with the target or creating a diversion.
• Delegate: Get help from someone else, such as a supervisor, authority figure, or another bystander.
• Delay: Check in with the person who was targeted afterward to offer support and see how you can help.
• Document: Record or write down what you saw (with the target’s consent) to provide evidence if needed later.

• Keep your eyes up and ears open, be alert and aware of your surroundings.
• Walk with purpose and confidence.
• Walk with others. To request a virtual escort, students select a Guardian through the Rave Guardian app, enter their destination and estimated travel time, and start a timer. Friends and family can be added as Guardians to monitor the trip.
• Walk well-illuminated and heavily traveled routes populated by others.
• Keep valuables and money out of public view- carry money or wallets in an inside or front pocket. Wear purses or bags across the body instead of over one shoulder, turn any flaps, zippers, or pockets toward your body.
• Cross the street if you see anything on your side that makes you nervous.
• Call 911 if you witness a crime in progress or if you observe suspicious activity that makes you feel unsafe.

• Keep car doors locked and windows rolled up most of the way.
• Reduce distractions, be alert and aware of your surroundings including other motorists, bicyclists, and pedestrians.
• If someone tries to break into your car while you are in it, honk the horn in repeated short blasts.
• If you are being followed, do not go home. Call 911 and drive to the nearest safe place with people visibly present.
• Do not pick up hitchhikers or interact with panhandlers on the street.
• Park your car in well-lighted parking areas and lock all doors. Store valuables in a locked trunk or make sure they are hidden from plain view.

• Make sure your doors have dead bolts, security chains, and peepholes.
• Change old locks when you move into a new residence.
• Lock your doors and windows anytime you leave, even if it is just for a few minutes.
• If you will be away, use variable light timers to make it appear as though someone is home.
• Do not hide spare keys outside.
• Never prop exterior doors to apartment buildings, if you see doors propped remove the prop and contact building management.
• Do not allow others to tailgate into your secure building, do not assume they are residents.
• If you believe someone has broken into your home, do not go inside, call 911.

• Plan ahead! Know where you are going, who you are going with, where you will be staying the night and how you will be getting there safely.
• Communicate the plan with your friend group.
• If you are uncomfortable with the plan, speak up.
• Stay with your planned friend group and do not deviate from the plan without first communicating with your friend group.
• Drink only from pre-packaged containers or drinks you make yourself, so you know the alcohol content.
• Do not leave your drink unattended, do not accept drinks that you did not prepare yourself or that you
  saw being prepared.
• Stick with your plan, look out for your friends and have them look out for you.
• Get involved if you believe that someone is at risk. If you see someone in trouble or someone pressuring another person, don’t be afraid to intervene - or get help to do so.

Most sexual assaults involving college-aged people occur between people who know each other, and many assaults occur while one or both people involved are under the influence of alcohol or other drugs. Here are some tips to help keep you and your friends safe:

• Physical force is sometimes used to commit an assault, however, in college sexual assaults each of the following tactics are more commonly employed. Manipulation (encouraging someone to drink more to lower their inhibitions), Coercion (trying to talk someone into an activity they are reluctant to participate in), Threats (saying you will tell others something about the person).
• Take time to hear what the other person has to say. If you feel they are not being direct or are giving you a“mixed message” ask for clarification.
• Obtain clear consent for each activity. Consent for one activity does not imply consent for all.
• If someone seems uncomfortable, is not engaged, or is not reciprocating, stop and check in with them.
• Communicate with your partner directly. It is okay to say yes to some activities and no to others. You are the only one who knows your intentions, preferences and limits.

If you would like assistance and support from a victim advocate you can contact Olmsted County Victim Services 24-hour crisis line by calling 507-289-0636. Advocates can offer support, resources on and off campus, safety planning, assist in filing a police report and answer questions you may have regarding next steps.

If the assault happened on the Rochester campus, contact the Rochester Police Department by calling 911. If the assault occurred off campus contact the appropriate local police department. Even if you do not want to file a report, police will arrive on scene, ensure your safety and provide you with additional resources and can transport you to the hospital to seek medical attention, if requested. Officers can complete a police report if you would like.

After an incident of sexual assault and/or domestic violence, the victim/survivor should consider seeking medical attention as soon as possible. Health care providers can treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease, even if victim/survivors do not opt for forensic evidence collection. Victims/survivors are encouraged to seek medical assistance at a medical facility of their choice.

Victim/survivors of sexual assault whose assault occurred within the last 7 days are eligible for a medical-forensic exam. To obtain an exam, visit any hospital emergency department and tell them that you have been sexually assaulted. You do not need to report the assault to law enforcement in order to receive an exam. You have the right to a victim advocate during your exam. The hospital will contact them on your behalf once you reach the hospital, but you may also contact them. The medical-forensic exam ensures that a specially trained nurse who is sensitive to the victim/survivor’s needs will treat the victim/survivor. It also ensures the proper collection of forensic evidence and protects the chain of custody of that evidence if the victim/survivor chooses to report to law enforcement. The medical-forensic examinations are paid for by the county per Minnesota Statute 609.35.

Victims/survivors are not obligated to file a police report or pursue action through the criminal justice system. That is the choice of the victim/survivor. If a victim/survivor chooses not to report to law enforcement, their kit will be restricted and not tested by the BCA lab. They can choose to un-restrict it if they choose to report later on. Kits are held for at least 2.5 years in Minnesota. If a victim/survivor chooses to report to law enforcement, their kit will be un-restricted, sent to the BCA lab for processing, and utilized in the criminal investigation to help determine a charging decision. Kit testing typically takes several months.

Trained investigators may look for evidence at locations that are relevant to the case, such as the scene where the assault took place. In order to preserve evidence it is important to not wash or clean the bed/linens/area and clothing worn when the sexual assault occurred.

DNA evidence can be collected from blood, saliva, sweat, urine, skin tissue, and semen. That’s why it’s important to try to avoid bathing, cleaning your fingernails, or urinating until after a sexual assault forensic exam has been performed.

Victim/survivors of dating violence, domestic violence, sexual assault and stalking are encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs, or other copies of documents. These documents can be helpful in proving the alleged crime and are helpful in obtaining court orders for protection.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim/survivor chooses not to make a complaint regarding an incident, they nevertheless should consider speaking with law enforcement to preserve evidence in the event that the victim changes her/his mind at a later date.

Victims/survivors of dating violence, domestic violence, sexual assault, or stalking are encouraged to file a report with the Rochester Police Department.

Rochester Police Department
101 4th St SE 
Rochester, MN 55902 
507-328-6800

Victims/survivors of dating violence, domestic violence, sexual assault, or stalking who are interested in a University response process should promptly contact the campus Title IX office and/or EOT.

To foster an environment free of dating violence, domestic violence, sexual assault, or stalking, all University members are encouraged to take reasonable prudent actions to prevent and stop prohibited conduct. Non-confidential employees are required by University policy to report to the campus Title IX office dating violence, domestic violence, sexual assault, or stalking that they learn about in the course of performing their employment duties.

Students

Associate Vice Chancellor for Student Life
University Square
Rochester, MN 55904
507-258-8106

Employees

Director of Employee Engagement, Development & Wellbeing
University Square
Rochester, MN 55904
507-258-8010

Equal Opportunity & Title IX Title IX Coordinator
274 McNamara Alumni Center 200
Oak St SE
Minneapolis, MN 55455
612-624-9547
[email protected]

Regardless of whether the alleged offense occurred on or off campus, when a victim/survivor of dating violence, domestic violence, sexual assault, and/or stalking reports that they experienced dating violence, domestic violence, sexual assault, and/or stalking to the campus Title IX office, the University will provide the victim/survivor with a written explanation of their rights and options.

Reports of dating violence, domestic violence, sexual assault and stalking that are submitted through UReport are forwarded to the campus Title IX office. The campus Title IX office will address anonymous reports to the extent possible given the information provided in the report.

When utilizing UReport, you are not required to provide your name or other information that might identify you. However, if you choose to remain anonymous, the University will be limited in the scope of its investigation and response.

If you do provide your name, or if your identity becomes known during an investigation, the University might become obligated to use your identity in the process of investigating or otherwise addressing any alleged misconduct.

Information may be shared with persons within the University if they have a need to know. Other persons, organizations, or agencies may obtain access to this information if they have statutory or judicial authority to do so.

Visit the Compliance website for more information or to make a report.

Do not use the UReport site to report immediate threats to life or property. Reports submitted through this service may not receive an immediate response. If you require emergency assistance, please call 911.

Victims/survivors of dating violence, domestic violence, sexual assault, or stalking can access confidential support services regardless of whether they pursue a police or University response process. On the Rochester campus, the Director of Counseling and Health Services can provide support, share resources and information, serve as advocates, and explain available options. Advocates are confidential and cannot legally share your identifiable information with others (except in very specific cases of child abuse that are mandated to report) without your written consent.

A complainant may file a formal complaint to request a grievance process.

A complainant files a formal complaint by submitting a document to the campus Title IX office that: 1) alleges that an individual engaged in prohibited conduct toward the complainant; and 2) requests that the University investigate the allegation of prohibited conduct. The document must contain the complainant’s physical or digital signature or otherwise indicate that the complainant is the individual filing the formal complaint.

The formal complaint may be filed with the campus Title IX office in person, by mail, by e-mail, or online.

Students

Associate Vice Chancellor for Student Life
University Square 
Rochester, MN 55904
507-258-8242

Employees

Director of Employee Engagement, Development & Wellbeing
University Square
Rochester, MN 55904
507-258-8010

Equal Opportunity & Title IX
274 McNamara Alumni Center 200
Oak St SE
Minneapolis, MN 55455
612-624-9547
[email protected]

When non-confidential employees, including CSAs, learn about alleged dating violence, domestic violence, sexual assault, or stalking, they are required to report the alleged dating violence, domestic violence, sexual assault, or stalking to the campus Title IX office. When the campus Title IX office learns about alleged dating violence, domestic violence, sexual assault, or stalking, the campus Title IX office and/or EOT promptly contacts the complainant to provide information in writing about resources, supportive measures, and the response processes offered by the University, including by sharing a Resource Guide on Sexual Misconduct and Related Retaliation. The campus Title IX office and/or EOT provides the following information to the complainant in writing:

• information about available supportive measures and counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid resources within the institution and in the community that are available to complainants regardless of whether they choose to report sexual misconduct to law enforcement or pursue a University sexual misconduct process, including:
  • information about how to request supportive measures, including changes to academic, living, transportation, and working situations,
  • information about the supportive measures related to restrictions on contact between the parties and assistance in obtaining orders for protection,
  • information about how the University will maintain the confidentiality of supportive measures provided to the complainant, and
  • an invitation to the complainant to discuss supportive measures and share their wishes with respect to supportive measures with the campus Title IX office;
• Where applicable, provide information about the various processes offered by the University to address prohibited conduct;
• Where applicable, explain the process for filing a formal complaint or requesting an informal problem- solving process;
• Provide information about how the University will complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the complainant;
• Provide written notification about the importance of preserving evidence that may assist in a legal or campus disciplinary proceeding or may be helpful in obtaining a protective order;
• Provide information about the complainant’s right to seek medical treatment, as appropriate; and
• Provide written information to the complainant about their right to contact law enforcement, to decline to contact law enforcement, to be assisted by campus representatives in contacting law enforcement, and to seek a protective order, as appropriate.

When a complainant does not respond to the communication from the campus Title IX office providing the information described above, the campus Title IX office will generally presume that the complainant does not want to initiate a grievance process or an informal problem-solving process.

The University is committed to protecting the privacy of all individuals involved in an informal problem-solving process or grievance process to the greatest extent possible. In order to carry out an informal problem-solving or grievance process and/or to otherwise to comply with legal obligations, it is often necessary for the University to share the identities of the parties and/or witnesses, as well as information provided by the parties and/or witnesses, with the parties and other participants in the process. The identities of these individuals and the information provided during these processes also may be included in an investigation report or other document relating to the case, which may be provided to others as appropriate.

The University will keep private the identity of complainants, respondents, witnesses, and third-party reporters in cases involving Title IX-based prohibited conduct except when necessary to: 1) carry out an informal problem- solving or grievance process; 2) disclose data as required by the Minnesota Government Data Practices Act (MGDPA); or 3) otherwise comply with legal obligations.

The University does not restrict the ability of complainants or respondents to discuss allegations that have been reported or to gather and present relevant evidence. At the same time, the University and the participants in the grievance process have a compelling interest in protecting the integrity of the grievance process, protecting the privacy of parties and witnesses, and protecting parties and witnesses from harassment, intimidation, or retaliation during a grievance process. To further these goals, witnesses and parties are encouraged to limit their sharing of information about a matter (including the allegations, the identities of the parties and witnesses, and the questions asked in interviews) while the grievance process is ongoing. Parties and witnesses are also cautioned not to discuss the allegations in a manner that constitutes retaliation or unlawful conduct. Further, parties and their advisors are not permitted to disseminate the evidence provided to them.

Some of the information that is shared with the University during the sexual misconduct response process may be private information under Minnesota and/or federal law. The University will use this private information to investigate or otherwise appropriately address reported sexual misconduct. When possible, the University will only release private information about participants to a sexual misconduct response process, and/or information that they provide, to other University members who need this information to investigate, address, and/or make decisions about reported sexual misconduct. However, private information about participants may be released if permitted or required under Minnesota or federal law to the individuals or entities identified in the following sections. 

Data Privacy Information - Students

Information about students may be released to the following individuals/entities under some circumstances, as permitted or required by law:

• the complainant, the respondent and witnesses in the matter or investigation at issue;
• school officials, including University faculty, who have legitimate educational interests in the information;
• other schools in which students seek or intend to enroll, or are enrolled;
• other schools where students are also enrolled or receiving education services;
• the federal Comptroller General or other federal, state or local government officials for purposes of program compliance, audit or evaluation;
• appropriate individuals in connection with an application for, or receipt of, financial aid;
• alleged victims of crimes of violence or sexual assaults, if a student is the alleged perpetrator and the released information is the final result of a disciplinary proceeding against the student, and related to the alleged crime(s);
• students’ parents, if their parents claim them as a dependent student for tax purposes;
• institutions engaged in research related to testing, student aid, or improved instruction;
• accrediting organizations in connection with their accrediting functions;
• appropriate persons in connection with an emergency, if necessary to protect students’ health or safety or the health or safety of others;
• courts, grand juries, or state or federal agencies, if the information is sought with a valid subpoena or pursuant to an administrative or court order (including when sought in conjunction with a criminal investigation);
• persons/entities whom students authorize to receive the data; and
• other persons or entities authorized by state or federal law.
• In addition, if the University determines that a student found to have violated its policies prohibiting non-Title IX sexual misconduct presents a significant threat to the health or safety of others, the respondent student’s name may become public data that may be released.

Data Privacy Information - Employees

Information about employees may be released to the following individuals/entities under some circumstances, as permitted or required by law:

• the complainant, respondent and witnesses in the matter or investigation at issue;
• individuals within the University whose work assignments reasonably require access to the information;
• labor organizations, to the extent that a responsible authority determines that the dissemination is necessary to conduct elections, notify employees of fair share fee assessments, or to implement labor law or collective bargaining agreements;
• law enforcement, in order to report a crime or alleged crime committed by an employee, or for the purpose of assisting law enforcement in the investigation of a crime committed or allegedly committed by an employee;
• the Minnesota Department of Administration for the purpose of administering the workers’ compensation program;
• state and federal enforcement agencies, including but not limited to the U.S. Equal Employment Opportunity Commission, the Minnesota Department of Human Rights, and the U.S. Department of Labor;
• appropriate licensing entities and agencies;
• pursuant to a court order;
• entities and agencies as determined by a responsible authority and who are authorized by state or federal law to gain access to the information;
• persons/entities whom employees authorize to receive the data; and
• other persons or entities authorized by state or federal law.
• In addition, if final disciplinary action is taken, the nature of the final disposition of the disciplinary action, together with the specific reasons for the action and data documenting the basis of the action (including the name of the respondent and excluding data that would identify employees who are confidential sources) will become public data that may be released;
• If an employee is a “public official” as defined by Minnesota Statutes §13.43, subd. 2.(e), upon completion of the investigation, or if the employee resigns or is terminated from employment while an investigation is pending, all data relating to the investigation will become public data that may be released unless access to the data would jeopardize an active investigation or reveal confidential sources.

Individuals responsible for resolving complaints of dating violence, domestic violence, sexual assault and stalking receive training in the following areas:

• the definitions of prohibited conduct, including the definitions of Title IX-based prohibited conduct;
• the scope of the University’s education programs and activities;
• how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, where applicable;
• how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;
  technology to be used at a live hearing, where applicable;
• issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant; and
• issues of relevance to create an investigative report that fairly summarizes relevant evidence, where applicable.

Individuals who conduct the University’s grievance process (including Title IX Coordinators, investigators, hearing panel members, University Authorities, Appellate Officers, and any person who facilitates an informal resolution 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.

Take no further action beyond offering supportive measures

In certain cases where a complainant does not want an informal problem-solving or grievance process, or when the campus Title IX office does not have sufficient information to effectively initiate such a process, the campus Title IX office may decide not to take any action beyond offering supportive measures to the complainant.

Initiate an informal problem-solving process

The campus Title IX office may initiate an informal problem-solving process when a grievance process has not been initiated or has been dismissed. 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:

• gathering additional information about the alleged prohibited conduct to determine how to most effectively respond to the alleged prohibited conduct or to provide relevant information to the individuals involved;
• notifying a respondent about the concerns raised, and about any reported impact of the concerns on a complainant or community;
• providing education or coaching to a respondent or complainant;
• providing recommendations that are aimed at preventing further concerns from arising to an appropriate individual who oversees a respondent or complainant; and/or
• establishing a plan to monitor for future misconduct.

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.

Initiate a grievance process

The campus Title IX office will initiate a grievance process when the complainant has filed a formal complaint alleging conduct that, if substantiated, would constitute sexual misconduct and requesting an investigation, or when the Title IX Coordinator has signed a formal complaint. The grievance process includes an investigation, a live hearing, and opportunity for an appeal. In certain cases, the parties may also be offered an informal resolution option and/or an administrative resolution option after the investigation is complete.

The University is committed to providing all parties with robust procedural fairness protections in the grievance process, including notice of the report and investigation, the opportunity to present evidence and identify witnesses, and a prompt, fair, and impartial investigation and adjudication process.

The University’s grievance process applies the preponderance of the evidence standard when determining whether sexual misconduct occurred in violation of University policy. “Preponderance of the evidence” means that it is more likely than not that a policy violation has occurred.

Complainants and respondents may be accompanied to meetings and hearings in the grievance process by: 1) an advisor of their choice; and/or 2) a support person, who cannot be a fact witness in the case. When a party does not have an advisor at a live hearing, the University provides an advisor at no cost to make opening and closing statements, and to conduct direct and cross-examination on behalf of that party.

The grievance process is guided by following principles:

• Title IX Coordinators, campus Title IX office staff who conduct investigations, decision-makers and individuals designated to facilitate informal resolution processes (where available) who: 1) do not have a conflict of interest or bias for or against complainants or respondents generally or individual complainants or respondents specifically; and 2) are trained in accordance with the University of Minnesota Sexual Harassment, Sexual Assault, Stalking and Relationship Violence administrative policy and applicable laws.
• A burden of proof that rests on the University.
• A burden of gathering evidence sufficient to reach a decision on responsibility and disciplinary sanctions, if any, that rests on the University.
• An equal opportunity for the parties to present witnesses.
• A presumption that a respondent is not responsible for the alleged prohibited conduct until a decision on responsibility and disciplinary sanctions, if any, is made at the conclusion of the grievance process.
• An objective evaluation of all relevant evidence.
• Relevant evidence is information pertinent to proving whether facts material to the allegations are more or less likely to be true.
• Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not considered relevant, unless such questions and evidence: 1) are offered to prove that someone other than the respondent committed the conduct alleged by the complainant; or 2) concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
• No consideration of information protected under a legally recognized privilege, or questions seeking disclosure of this information, unless the person holding the privilege waives it.
• No access to or consideration of a party’s records that were made or maintained by a physician, psychiatrist, psychologist, or other professional in connection with the provision of treatment to the party, unless that party provides voluntary, written consent.
• Credibility determinations, where applicable, that are not based on an individual’s status as a complainant,
  respondent, or witness.

The campus Title IX office strives to complete each investigation within 90 business days, or four months. However, depending on the availability of witnesses and the complexity of the case, some investigations can take six months or longer. A case that proceeds to a hearing may take an additional two months, and a case that proceeds to appeal may take an additional two months after the hearing. 

Investigation

Investigations into formal complaints will be conducted by the campus Title IX office, except that investigations into stalking and relationship violence of a non-sexual nature will be conducted: 1) for student respondents, by the campus office or official that investigates non-sexual Student Conduct Code complaints; 2) for employee respondents, by a human resources representative or a supervisor; and 3) for other University members, by the University official who retains or oversees their participation in University programs or activities. If a prohibited conduct investigation reveals possible misconduct other than prohibited conduct under this policy, the campus Title IX office will forward this information to the campus office, human resources representative, or supervisor responsible for investigating that possible misconduct. However, amnesty is provided for certain drug and alcohol related offenses that come to light during a prohibited conduct investigation.

Written notice to the parties

Upon receipt of a formal complaint that alleges prohibited conduct in violation of this policy, the campus Title IX office will provide written notice to the parties who are known. The written notice will provide the parties with sufficient time to prepare a response before any initial interview, and will include:

• Notice that a grievance process is being initiated.
• Information about the grievance process.
• Notice of the allegations of prohibited conduct, including the identities of the parties involved in the incident, if known, the alleged prohibited conduct, and the date and location of the alleged prohibited conduct, if known.

Notice of the decision on whether the reported conduct will be designated as Title IX prohibited conduct, the reasons for this decision, and the parties’ right to appeal this decision:

• A statement that the respondent is presumed not responsible for the alleged prohibited conduct and that a decision on responsibility and on disciplinary sanctions, if any, is made at the conclusion of the grievance process.
• Notice that the parties may be accompanied to meetings and hearings in the grievance process by: 1) an advisor of their choice who may be, but is not required to be, an attorney, and who may inspect and review evidence and 2) a support person who cannot be a fact witness in the case.
• Information about applicable supportive measures and advisor resources, and an opportunity to discuss them with the campus Title IX office.
• Notice that this policy prohibits knowingly or intentionally filing a false formal complaint or providing false or misleading information during a grievance process.

If, during the course of an investigation, the campus Title IX office decides to investigate additional allegations of prohibited conduct, the campus Title IX office will provide notice of those additional allegations to the parties whose identities are known.

Investigation process

The nature and scope of an investigation will be determined based on the formal complaint and any additional information gathered during the investigation, and will include the following elements:

• Written notice to the parties.
• One or more requested interviews of a complainant, where the complainant will have the opportunity to describe the allegations giving rise to the formal complaint, provide evidence, and identify witnesses.
• One or more requested interviews of a respondent, where the respondent will have the opportunity to respond to the allegations, provide evidence, and identify witnesses.
• Gathering of other evidence, such as through witness interviews, if other evidence exists.
• An equal opportunity for the parties and their advisors to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint
• Provision of a final investigation report to each party, the party’s advisor, if any, that fairly summarizes the
  relevant evidence, provides an analysis of the evidence, and a recommended decision on responsibility.

The campus Title IX office strives to complete investigations within 90 business days. However, depending on the complexity of the investigation, the number of witnesses, the availability of evidence and other factors, some investigations may take additional time. When an investigation will not be completed within 90 business days, the campus Title IX office will notify the parties and provide the reason for the extended timeline in writing.

Post-Investigation Informal Resolution Process

Following an investigation of a formal complaint, the campus Title IX office will deliver its investigation report to the Grievance Process Manager. 

In cases involving a respondent who is a student, the Grievance Process Manager will share the report with the campus office that addresses alleged violations of Board of Regents Policy: Student Conduct Code to determine whether that office will propose an informal resolution of the formal complaint. 

In cases involving a respondent who is an employee or other non-student University member, the Grievance Process Manager will share the report with the appropriate University Authority, as identified in Appendix B of Administrative Policy: Sexual Harassment, Sexual Assault, Stalking and Relationship Violence, to determine whether the University Authority will propose an informal resolution. The Grievance Process Manager will not seek a proposed informal resolution of allegations of Title IX-based prohibited conduct if the respondent is an employee and the complainant is a student.

Where the University Authority’s proposed informal resolution differs meaningfully from the campus Title IX office's recommendation on informal resolution in cases involving a respondent who is an employee or other non-student University member, the informal resolution must be approved by:

• the Provost (in cases with faculty respondents from the Twin Cities campus);
• the Vice President for Human Resources (in cases with staff or third-party respondents from the Twin Cities campus); or
• the Chancellor (in cases with respondents from the Crookston, Duluth, Morris, and Rochester campuses).

The Grievance Process Manager will facilitate this approval process. In cases where the Provost, Vice President of Human Resources, or Chancellor reviews an informal resolution, they will need to appoint another individual to serve as appellate officer if an appeal is filed.

If an informal resolution is not proposed, the matter will proceed to a hearing. If an informal resolution is proposed, the Grievance Process Manager will simultaneously share the investigative report and proposal with the parties.

In cases that include allegations of Title IX-based prohibited conduct: proposed informal resolution will only be implemented if both parties accept the informal resolution in writing. The parties may accept the informal resolution or suggest a modification by notifying the SMHC Coordinator in writing within 7 calendar days of the date the SMHC Coordinator shared the report and proposal with the parties. If both parties accept the informal resolution, the matter is considered fully and finally resolved. If either party does not accept the informal resolution, the matter will proceed to a hearing.

In cases that do not include allegations of Title IX-based prohibited conduct: A proposed informal resolution will be implemented unless a party rejects or suggests a modification to the informal resolution in writing within 7 calendar days of the date the Grievance Process Manager shared the report and proposal with the parties. If neither party rejects the informal resolution, the informal resolution is implemented and the matter is considered fully and finally resolved. If either party rejects the informal resolution, the matter will proceed to a hearing. 

If a party suggests a modification to the informal resolution, the Grievance Process Manager will share any suggested modification with the University Authority, who may agree or disagree with the modification. If the University Authority agrees with the modification, notice of the modification will be provided to the parties and they will be given an additional 7 calendar days to agree to or reject the proposed modified informal resolution. If the University Authority disagrees with the modification, notice of the disagreement will be provided to the party who suggested it and that party will be given an additional 3 calendar days to agree to or reject the original informal resolution.

Administrative Resolution Process

In all cases except those that include allegations that an employee engaged in Title IX-based prohibited conduct toward a student, the written notice of hearing will also offer the parties the opportunity to agree to resolve the case through an administrative process whereby the investigative report, the parties’ written responses to the investigative report (if any), and all evidence gathered by the campus Title IX office as part of its investigation of the formal complaint is submitted to the hearing chair to make a decision on responsibility and, as appropriate, disciplinary sanctions, as described below in the section entitled, “Decision: Written Determination.” Either party may appeal the Written Determination.

Each party will have an opportunity, following receipt of the written notice of hearing, to agree to resolve the case through the administrative resolution process, which may proceed only if all parties agree. If administrative resolution is pursued, the hearing chair will work to deliver the Written Determination to the Grievance Process Manager after reviewing the investigative report, any written responses submitted by the parties, and all evidence gathered by the campus Title IX office. The Grievance Process Manager will then provide the Written Determination simultaneously to the parties.

Hearing

If there is no post-investigation informal resolution or administrative resolution, the parties will be provided a live hearing. The parties will be permitted to submit a written response to the final investigation report to the hearing panel.

Hearing format

The University may conduct live hearings with all parties physically present in the same geographic location or with any or all parties, witnesses, and other participants appearing virtually, with technology enabling participants to simultaneously see and hear each other. At the request of any party, the parties will be located in separate rooms during the hearing with technology enabling the hearing panel members and parties to simultaneously see and hear the party or the witness answering questions.

Access to evidence at the hearing

The University will make all evidence directly related to the allegations available to the parties at any hearing.

Advisor and support person

Each party may be accompanied to the hearing by one advisor of their choice. Advisors are permitted to make opening and closing statements, and conduct direct and cross-examination during the hearing. If a party does not have an advisor present at the hearing, the University will provide that party, free of charge, with an advisor of the University’s choice, to conduct cross-examination on behalf of that party. A party’s advisor may appear and conduct cross-examination even when the party whom they are advising does not appear. Each party may also be accompanied at the hearing by a support person, who participates in the hearing in a non- speaking capacity. A support person cannot be a fact witness in the case.

Cross-examination

Cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s advisor and never by a party personally. Each party’s advisor is permitted to ask the other party and any witnesses all relevant questions.

Failure to submit to cross-examination

If a party or witness does not submit to cross-examination at the live hearing, the hearing panel and Appellate Officer (where applicable) will not rely on any statement of that party or witness in reaching a decision on responsibility. The hearing panel and Appellate Officer (where applicable) will not draw an inference about the decision on responsibility, if any, based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Recording or transcript

The University will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

Decision on responsibility and disciplinary sanctions

Both parties will be simultaneously provided with the hearing panel’s (or in the case of an administrative resolution, the hearing chair’s) written decision on responsibility and the written decision on disciplinary sanctions, if any.

Together, these written decisions on responsibility and disciplinary sanctions will constitute the “Written Determination” that may then be appealed by either party.

The Written Determination will include:

• the allegations of prohibited conduct;
• a description of the procedural steps taken by the University from its receipt of the formal complaint through the Written Determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather evidence, and hearings held;
• findings of fact supporting the decisions on responsibility and disciplinary sanctions;
• conclusions regarding the application of this policy to the facts;
• a statement of, and rationale for, the decisions on responsibility and disciplinary sanctions;
• a statement of the decision on whether the University will provide remedies to the complainant; and
• the University’s procedures and permissible bases for the parties to appeal the decisions on responsibility and disciplinary sanctions.

If an appeal is not filed, the Written Determination becomes final on the date on which an appeal would no longer be considered.

Informal Resolution Processes

The University may offer informal resolution processes to parties at any time after a formal complaint is filed and before a final decision on responsibility and on disciplinary sanctions is made. Except, the University will not offer informal resolution processes to resolve allegations that an employee engaged in Title IX-based prohibited conduct toward a student.

Before initiating an informal resolution process, the University will provide the parties with a written notice disclosing:

• the allegations in the formal complaint;
• the requirements of the informal resolution process;
• the circumstances under which the informal resolution process precludes the parties from resuming the grievance process arising from the formal complaint;
• the parties’ right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and
• any privacy-related and recordkeeping-related consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

In addition, before initiating an informal resolution process, the University must obtain the parties’ voluntary,
written consent to the informal resolution process.

Responsive action is intended to eliminate prohibited conduct, prevent its recurrence, and promote accountability while supporting the University’s educational mission and legal obligations. Responsive action may include disciplinary, rehabilitative (including educational), restorative, and monitoring components.

Possible disciplinary sanctions in cases with student respondents include the following:

• an oral or written warning;
• probation;
• required compliance with work assignments, community service assignments, or other discretionary assignments;
• restitution;
• restriction of privileges;
• University housing suspension or expulsion;
• suspension or expulsion from the University;
• withholding of a diploma or degree; and
• revocation of admission or a degree.

Possible disciplinary sanctions and other responsive actions in cases with employee respondents (including student employees) may include one or a combination of the following:

• coaching or education;
• mentoring;
• changes to work duties or locations;
• monitoring to ensure that prohibited conduct is not occurring;
• probation;
• transfer of position;
• removal of administrative appointment;
• salary reduction;
• demotion;
• oral or written reprimand suspension; and
• termination of employment.

For labor-represented employees, the disciplinary sanctions that may be imposed are those set forth in their union contract.

Possible disciplinary sanctions or other responsive actions in cases with third-party respondents may include restrictions on a third-party respondent’s: 1) participation in University programs or activities; 2) attendance at University events; or 3) ability to enter campus spaces, among other things.

Remedies

Where a decision has been made that a respondent is responsible for prohibited conduct, the University will provide remedies to a complainant that are designed to restore or preserve the complainant’s equal access to the University’s education programs and activities. Such remedies may include supportive measures, as well as measures that prevent the respondent from having contact with the complainant, and other measures. The campus Title IX office is responsible for effective implementation of any remedies.

Appeals

Either party may initiate the appeal process.

Appeals are not intended to allow for a second review of the same information provided during the investigation, and the Appellate Officer will not substitute their judgment for that of the hearing panel, or that of the hearing chair in the case of an administrative resolution. Appeals are limited to the grounds set forth below.

• Procedural irregularity that affected the outcome.
• New evidence that was not reasonably available at the time of the Written Determination that could have affected the outcome.
• A sanction that is grossly disproportionate to the offense.
• A decision on responsibility that is not based on substantial information. Substantial information means relevant information that a reasonable person might accept as adequate to support a conclusion. The Appellate Officer must respect the credibility determinations of the hearing panel (or of the hearing chair in the case of an administrative resolution) and must not substitute the Appellate Officer's judgment for that of the hearing panel or chair.
• The Title IX Coordinator, investigator, hearing panel members, and/or University Authority had a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent that affected the outcome.

The Appellate Officer will issue a written decision that 1) affirms, in whole or in part, the decision on responsibility, 2) overturns, in whole or in part, the decision on responsibility, 3) affirms, overturns, or adjusts the decision on disciplinary sanctions, or 4) remands the matter to remedy procedural errors or consider new evidence.

The decision of the Appellate Officer is the final University decision.

The University of Minnesota complies with Minnesota law in recognizing Orders for Protection and Harassment Restraining Orders. Any person who obtains an order should provide a copy of the order to UMR.

If a person needs assistance in obtaining an Order for Protection or Harassment Restraining Order, they can contact Olmsted County Victim’s Services. University departments that are made aware of an Order of Protection or Harassment Order and need assistance with accommodating the order can contact the Title IX office or designee.

Any person who witnesses a violation of an Order for Protection or Harassment Restraining Orders should immediately call 911 for police response.

The University of Minnesota will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in Section 16 of Title 18, United States Code), or a non-forcible sex offense (incest or statutory rape), the results of any disciplinary proceeding conducted by the University of Minnesota against a student who is the alleged perpetrator of the offense. If the alleged victim is deceased as a result of such an offense, the next of kin of the victim is permitted to make the request.