Sexual Violence Policies, Procedures & Laws
Minnesota State Policies
Minnesota State 1B.3 Sexual Violence Policy states, “Sexual violence is an intolerable intrusion into the most personal and private rights of an individual, and is prohibited at Minnesota State Colleges and Universities. Minnesota State Colleges and Universities is committed to eliminating sexual violence in all forms and will take appropriate remedial action against any individual found responsible for acts in violation of this policy.
Acts of sexual violence may also constitute violations of criminal or civil law, or other Board Policies that may require separate proceedings. To further its commitment against sexual violence, Minnesota State Colleges and Universities provides reporting options, an investigative and disciplinary process, and prevention training or other related services as appropriate.”
Minnesota State policy 1B.3 directed campuses to use the investigative procedure outlined in Minnesota State Procedure 1B1.1 when investigating complaints of sexual violence. Procedures used in response to a complaint of sexual violence should avoid requiring complainants to follow any plan of action, to prevent the possibility of re-victimization.
College and university investigation and disciplinary procedures concerning allegations of sexual violence against employees or students must:
- Be respectful of the needs and rights of individuals involved and treat them with dignity
- Not suggest to the complainant that they were at fault for the sexual assault or should have behaved differently to prevent the assault
- Proceed as promptly as possible
- Permit a student complainant and a student respondent to have the same opportunity to have an appropriate support person or advisor present at any interview or hearing. This must be done in a manner consistent with the governing procedures and applicable data practices law.
- Afford employees the right to representation consistent with the appropriate collective bargaining agreement or personnel plan
- Be conducted in accordance with applicable due process standards and privacy laws
- Simultaneously inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
- Be based on a preponderance of evidence standard. This means that it is more likely than not that the policy, procedure or code has been violated.
The past sexual history of the complainant and respondent must be deemed irrelevant except as that history may directly relate to the incident being considered.
A respondent’s use of any drug, including alcohol, judged to be related to an offense may be considered to be an exacerbating rather than mitigating circumstance.
To file a complaint or to learn more about the 1B.3 Sexual Violence Policy and the complaint investigation process, please contact the Affirmative Action and Legal Affairs office at 507.457.2766.
Learn more about Minnesota State policies and procedures:
- Equal Opportunity and Nondiscrimination in Employment and Education | 1B.1
- Report/Complaint of Discrimination/Harassment Investigation and Resolution | 1B.1.1
- Sexual Violence Policy | 1B.3
- Response to Sexual Violence and Title IX Sexual Harassment | 1B.3.1
Federal & State Laws
There are also several laws that apply to instances of sexual violence at universities:
- Title IX of the Education Amendment of 1972 | 34 CFR 106
- Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (known as “Clery Act”)| 20 U.S.C. §1092(f)
- Violence Against Women Reauthorization Act of 2013 | Public Law 113-4 (Mar. 7, 2013) (PDF)
- Sexual Harassment and Violence Policy Statute | Minn. Stat. 135A.15