Title IX (Sexual Assault, Harassment and Misconduct)
St. Catherine University
Approved by: Office of Student Affairs
Related Forms, Procedures and References: Anonymous Reporting Form
For Questions Contact: Title IX Coordinator (Human Resource Director)|email@example.com|Office of Student Affairs | 651.690.6778 | firstname.lastname@example.org
St. Catherine University seeks to foster and maintain a community of mutual respect and concern for all of its members. There can be no greater violation of the terms of that community, or of the essential dignity of any member of it, than an act of sexual assault, sexual harassment, or other forms of sexual misconduct described in this Policy. These acts constitute the deepest affront to University standards and will not be tolerated in any form.
All members of this community – students (current and applicants), faculty, staff, applicants for employment, persons doing business with or acting on behalf of the University, and visitors to campus – are protected under this Policy and share in responsibility for creating and maintaining an environment that promotes the safety and dignity of each person. Towards that end, this Policy provides the framework for eliminating sexual assault, sexual harassment, and other sexual misconduct from our community, preventing its recurrence, and addressing its effects.
Under Title IX of the Education Amendments of 1972 (Title IX), sexual assault, sexual harassment, and other forms of sexual misconduct are prohibited. Any student found responsible for such violations will face disciplinary actions up to and including expulsion from the University. Any employee found responsible for such violations will face disciplinary actions up to and including termination of employment. Acts of sexual assault or sexual misconduct may also be prosecuted under the Minnesota Criminal Code. This Policy applies to all on-campus conduct, as well as any off-campus conduct that has an adverse impact on any member of the University community or the University.
Should an incident of sexual assault, sexual harassment, or other sexual misconduct occur, the University has both reporting procedures and support resources in place so that an individual does not need to face the effects of such an incident alone. The first concern is for the safety, health, and well-being of those affected. Confidential and non-confidential (yet private) options for support and reporting are available both on and off campus (Section III & Appendix A).
The University strongly encourages reporting of the incident to the University and/or to local law enforcement (See Section III for “How to Report”). When an incident is reported, the University will respond promptly and equitably to all allegations of sexual assault, sexual harassment, or other sexual misconduct to ensure the safety of the reporting person and the St. Catherine community, in order to provide an environment that is free from gender and sex discrimination. Finally, all University employees, except those who must maintain confidentiality by law (see Appendix A), are expected, and in some cases required, to report sexual assault, sexual harassment, and other sexual misconduct to the University authorities designated in this Policy.
Anyone making a report, filing a complaint, or participating in the investigation or resolution of an allegation of a sexual assault, sexual harassment, or other sexual misconduct is protected by law and this Policy from retaliation (see Section II.A.). The University will take prompt responsive action to any retaliation.
When used in this Policy, a Complainant refers to the person who reports that she or he has been the subject of sexual assault, sexual harassment, or other sexual misconduct. A Respondent is the person who is reported to have committed acts of sexual assault, sexual harassment, or other sexual misconduct.
The University expects all members of the St. Catherine community to conduct themselves in a manner consistent with the St. Catherine University Mission Statement and its Student Code of Student Conduct and Community Expectations, the Employee Handbook, Faculty Handbook and this policy.
St. Catherine University prohibits sexual assault, sexual harassment, and all other sexual misconduct.
A. PROHIBITED CONDUCT
- SEXUAL ASSAULT. Sexual assault is having or attempting to have sexual intercourse or sexual contact with another individual without consent. This includes sexual intercourse or sexual contact achieved by the use or threat of force or coercion, where an individual does not consent to the sexual act, or where an individual is incapacitated. Sexual assault includes the following acts:
- Attempted or Actual Penetrations: Having or attempting to have non-consensual vaginal, anal, or oral penetration, however slight, with any object or body part, with another person.
- All Other Forms of Non-Consensual Sexual Contact: Having or attempting to have any non-consensual, non-accidental touching of a sexual nature. This touching can include, but is not limited to, fondling, kissing or touching the private parts of another, or causing the other to touch the harasser’s private parts.
(Consent and related terms are defined in part B. of this section.)
1.a. RAPE: The penetration , no matter how slight, of the vagina or anus with any body part or object or oral penetration by sex organ of another person without the consent of the victim.
1.b. FONDLING: The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim in incapable of giving consent because of his/her age or because of her/his temporary or permanent mental in capacity.
1.c. INCEST. Incest is non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
1.d. STATUTORY RAPE. Statutory rape is non-forcible sexual intercourse with a person who is under the statutory age of consent
2. SEXUAL HARASSMENT. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other physical, visual, or verbal behavior of a sexual nature where:
- Submission of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; or
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or
- Such conduct has the purpose or effect of:
- Unreasonably interfering with an individual’s academic or professional performance; or
- Creating an intimidating, hostile, or demeaning employment or educational environment.
A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need to show a repetitive series of incidents to provide a hostile environment, particularly if the harassment is physical.
Examples of potentially sexually harassing behaviors include, but are not limited to, the following:
- Unwelcome sexual advances, sexual innuendo, or requests for sexual favors in person, by phone, by electronic message or photo, written words or images such as graffiti, and social media postings;
- Unwelcome behavior of a sexual nature by a faculty member, coach, or other staff person directed towards a student, a colleague, or other community member;
- A person in a position of authority (such as a faculty member, coach, supervisor) suggesting that an educational or employment benefit will result from submission to some unwelcome behavior of a sexual nature or will be denied for refusal to engage in sexual activity;
- Repeated sexual remarks, offensive stories, remarks about sexual activity or experiences, sexual innuendoes or other suggestive comments that are unwanted and unwelcome by another;
- Displaying or showing pictures, cartoons, or other printed materials of a sexual nature in the workplace or in an educational setting where there is insufficient academic relevance;
- Exposing the private parts of one’s body to another person, or in public forums.
For purposes of this policy, sexual harassment may include instances of Sexual Exploitation. Sexual exploitation is an act or omission to act that involves taking non- consensual, unjust, humiliating, or abusive sexual advantage of another, either for his or her own advantage or to benefit or advantage anyone other than the Complainant.
Examples of sexual exploitation include but are not limited to the following:
- Creating a picture(s), movie(s), webcam, tape recording(s), graphic written narrative(s), or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent;
- Sharing items described in the paragraph above beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;
- Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and consent of that person;
- “Peeping Tom” or voyeuristic behaviors;
- Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior without full and appropriate disclosure to the partner(s) of all health and safety concerns;
- Engaging in or attempting to engage others in “escort services” or “dating services” which include or encourage in any way sexual behavior in exchange for money;
- Intentionally, knowingly, or surreptitiously providing drugs or alcohol to a person for the purpose of sexual exploitation; or
- Exposing another person to pornographic material without the person’s advance knowledge or consent.
3. OTHER MISCONDUCT FOR THIS POLICY
3.a. INTIMATE PARTNER VIOLENCE. Intimate partner violence is also sometimes known as and includes dating violence or domestic violence. The University recognizes that sexual assault, sexual exploitation, sexual harassment, stalking, and retaliation may all be forms of intimate partner violence when committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. In general, intimate partner violence includes physically, sexually, and/or psychologically abusive behavior that arises in the form of a direct violent act, or indirectly as acts that expressly or implicitly threaten violence. Intimate partner violence also occurs when one partner attempts to maintain power and control over the other through one or more forms of abuse, including sexual, physical, verbal, or emotional abuse. Intimate partner violence affects individuals without regard to gender or sexual orientation, and does not discriminate by racial, social, or economic background.
3.b STALKING. Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety, or the safety of others, or suffer substantial emotional distress. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or make unwelcome contact with another person.
1DATING VIOLENCE. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, committed by a person:
a) who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
b) where the existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of -
i) the length of the relationship
ii) the type of relationship
iii) the frequency of interaction between the persons involved in the relationship.
Dating violence does not include acts covered under the definition of domestic violence.
2DOMESTIC VIOLENCE. Domestic violence includes felony and misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under domestic or family violence laws of Minnesota, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
4. RETALIATION. Retaliation is defined as attempts or acts to seek retribution including, but not limited to, any form of intimidation, reprisal, harassment, or intent to prevent participation in University proceedings under this Policy. Retaliation may include continued abuse or violence, other harassment, and slander and libel. Retaliation may be committed by any individual or group of individuals, not just a Respondent or Complainant, and may be committed against the Complainant, Respondent, or any individual or group of individuals involved in the investigation and/or resolution of an allegation of sexual assault, sexual harassment, or other sexual misconduct.
B. DEFINITION OF CONSENT and related terms
CONSENT: Consent is an explicitly communicated reversible mutual agreement in which all parties are capable of making a decision. Consent is informed, voluntary, and actively given. Consent exists when all parties exchange mutually understandable affirmative words or overt action indicating their agreement to participate voluntarily in sexual activity.
The following further clarifies the meaning of consent:
- Each participant in a sexual encounter must obtain consent for all sexual activities. Consent to one form of sexual activity does not constitute consent to engage in all forms of sexual activity.
- Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Relying on non-verbal communication can lead to misunderstandings. Consent may not be inferred from silence, passivity, lack of resistance or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent.
- If at any time it is reasonably apparent that either party is hesitant, confused, or unsure, both parties should stop and obtain mutual verbal consent before continuing such activity.
- Consent may be withdrawn by either party at any time. Once withdrawal of consent has been expressed through words or actions, sexual activity must cease.
- An individual who is physically incapacitated from alcohol or other drug consumption (voluntarily or involuntarily), or is unconscious, unaware, or otherwise physically impaired is considered unable to give consent. For example, one who is asleep or passed out cannot give consent.
- Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates a willingness to engage in sexual activity.
COERCION: Consent is not effective if it results from the use or threat of physical force, intimidation, or coercion, or any other factor that would compromise an individual’s ability to exercise his or her own free will to choose whether or not to have sexual contact. Coercion includes the use of pressure and/or oppressive behavior, including express or implied threats of harm or severe and/or pervasive emotional intimidation, which (a) places an individual in fear of immediate or future harm or physical injury or (b) causes a person to engage in unwelcome sexual activity. A person’s words or conduct amount to coercion if they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity. Coercion also includes administering a drug, intoxicant, or similar substance that impairs the person’s ability to give consent.
INCAPACITATION: An individual is incapacitated when she or he is not able to make rational, reasonable judgments and therefore is incapable of giving consent. Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically impaired due to alcohol or other drug consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring. In addition, an individual is incapacitated if she or he demonstrates that they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason.
An individual in a blackout state may or may not meet the definition of incapacitation. Such an individual may appear to act normally, but later may not have recall of the events in question. The extent to which a person in this state affirmatively gives words or actions indicating a willingness to engage in sexual activity and the other person is unaware – or reasonably could not have known – of the alcohol consumption or blackout, must be evaluated in determining whether consent could be considered as having been given.
ALCOHOL and OTHER DRUGS: The University considers sexual contact while under the influence of alcohol or other drugs to be risky behavior. Alcohol and other drugs impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. From the perspective of the Complainant, the use of alcohol or other drugs can limit a person’s ability to freely and clearly give consent. From the perspective of a Respondent, the use of alcohol or other drugs can create an atmosphere of confusion over whether or not consent has been freely and clearly sought or given. The perspective of a reasonable person will be the basis for determining whether a Respondent should have been aware of the extent to which the use of alcohol or other drugs impacted a Complainant’s ability to give consent.
Being intoxicated or impaired by alcohol or other drugs is never an excuse for sexual assault, sexual harassment or other sexual misconduct and does not diminish one’s responsibility to obtain consent.
The University requires all University employees who have a responsibility for student welfare or are in a position of authority (unless required to maintain confidentiality by law), and strongly encourages all other St. Catherine community members, to report information about any incident of sexual assault, sexual harassment, or other sexual misconduct involving a student, staff or faculty member, regardless of where and when the incident happened. Reports should be directed to the persons designated in the Title IX Notice contained in Appendix C.
A Complainant does not have to decide whether or not to request any specific action by the University at the time the report is made, nor is there a time limit on reporting. St. Catherine is committed to supporting the rights of a person reporting an incident of sexual assault, sexual harassment, or other sexual misconduct to make an informed choice among options and services available. Upon receipt of a complaint, the University will provide the Complainant with a written explanation of the Complainant’s rights and options.
Those employees who have been informed by the Department of Public Safety that they are “campus security authorities” under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ( “Clery Act”) are legally required to report such incidents to the Department of Public Safety. In addition, all such employees to whom an incident is reports should strongly encourage the reporting party to speak directly with the appropriate individual. ( See Appendices A & C)
The University will respond to all reports in an integrated, consistent manner that treats each individual with dignity and respect and will take prompt responsive action to end the misconduct, prevent its recurrence, and address its effects.
CONFIDENTIALITY AND PRIVACY CONSIDERATIONS
A. Confidential Resources
St. Catherine encourages any community member who has experienced sexual assault, sexual harassment or other sexual misconduct to talk with someone about what happened so that they may obtain support and so that the University may respond appropriately. The purpose of this section of the policy is to provide information about reporting options and about confidential options so that individuals may make an informed choice about where to turn for support and assistance.
Different University employees on campus have different abilities to maintain confidentiality.
- Those who offer confidentiality regarding a report of sexual assault, sexual harassment or other sexual misconduct are:
a. A counselor/therapist at the St. Catherine University Counseling Center acting in her or his capacity as a counselor or therapist
b. A priest in Campus Ministry, who is acting in a pastoral capacity
c. A licensed social worker in the Access & Success Program acting in her or his capacity as a social worker
d. Physicians, Nurses and Nurse Practitioners at the Health and Wellness Clinic acting in their capacity as health care providers
In almost all circumstances, these individuals are not required to report any information to anyone without permission. However, there are certain, limited circumstances in which these individuals may be required to notify appropriate authorities. For example, a counselor, therapist, or social worker may be required to make a disclosure if there is an immediate threat of serious harm to a person or if the circumstances involve the maltreatment of a minor or vulnerable adult. In addition, physicians and nurses at the Student Health and Wellness Clinic may be required by Minnesota law to report certain information to authorities, including information related to wounds caused by firearms or other dangerous weapons, or maltreatment of minors or vulnerable adults.
An individual who speaks to employees in the above categories should understand that, if she or he wants to maintain confidentiality, the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the Respondent may be limited. Nonetheless, these employees can facilitate the support services described elsewhere in this Policy, including the interim measures described in Appendix B.
2. A second category of employees are required by law to share the report of sexual assault, sexual harassment or other sexual misconduct with the Title IX Coordinator, which will trigger an investigation by the University in order to address and remedy the situation. Such employees, called “responsible employees,” include those who are in responsible positions in the administration: i.e., those who advise and support students, Public Safety personnel, Resident Assistants, Human Resources personnel and anyone whom a Complainant would reasonably believe has the authority to redress the incident.
Though a report to a responsible employee triggers an investigation, a Complainant may still decide whether and how she/he wants to be involved in the process following the investigation.
A list containing the contact information of the confidential and non-confidential, but private, resources on campus are found in Appendix A of this Policy. Off-campus resources are also available and do not typically involve the University without the Complainant’s consent. Some are also confidential. A list of local resources and whether they are confidential is also included in Appendix A.
B. Requesting Confidentiality: How the University Will Weigh the Request and Respond
If a Complainant reports an incident of sexual assault, sexual harassment or other sexual misconduct to a responsible employee but wishes to maintain confidentiality or requests that no investigation be conducted or disciplinary action be taken, the University must weigh that request against its obligation to provide a safe, non - discriminatory environment for all students and employees, including the Complainant.
If the University honors the request for confidentiality, a Complainant should understand that the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the Respondent may be limited.
Although rare, there are times when the University may not be able to honor a Complainant’s request in order to
provide a safe, non-discriminatory environment for all students and employees.
When weighing a Complainant’s request for confidentiality or that no investigation or discipline be pursued, the
Title IX Coordinator or Deputy Coordinator will consider a range of factors, including the following:
- The increased risk that the Respondent will commit additional acts of sexual or other violence, such as:
- whether there have been other sexual violence complaints about the same Respondent;
- whether the Respondent has a history of arrests or records from a prior school indicating a history of violence;
- whether the Respondent threatened further sexual violence or other violence against the Complainant or others;
- whether the sexual violence was committed by multiple perpetrators
- whether the sexual violence was perpetrated with a weapon;
- whether the Complainant is a minor;
- whether the University possesses other means to obtain relevant evidence of the sexual violence
(e.g., security cameras or personnel, physical evidence);
- whether the Complainant’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol, at a given location or by a particular group).
The presence of one or more of these factors could lead the University to investigate and, if appropriate, pursue disciplinary action and/or contact local law enforcement. If none of these factors is present, the University will likely respect the Complainant’s request for confidentiality.
If the University determines that it cannot maintain a Complainant’s confidentiality, the University will inform the Complainant prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University’s response to the report of sexual assault, sexual harassment or other sexual misconduct.
Whether a report is confidential or not, when a Complainant reports an incident of sexual assault, sexual harassment or other sexual misconduct, the University will remain ever mindful of the well-being of the Complainant and protect the Complainant from retaliation. The University will also support the Complainant and take any needed action to protect and assist him or her consistent with the Complainant’s wishes. A variety of interim measures are available to the Complainant as outlined in Appendix B (including emotional support, adjustment to housing or class schedule, etc.). Associate Dean of Students and Retention is available to assist the Complainant in determining what measures are helpful or needed for the Complainant and will manage the implementation of such interim measures.
Finally, the University is committed to a safe environment for all students and employees and to addressing issues of sexual assault, sexual harassment or other sexual misconduct. Reports of such misconduct, whether or not confidential, provide the University with the opportunity to consider broader remedial action including increased monitoring of campus locations, additional education and prevention efforts, and climate assessments.
C. Anonymous Reporting
Although the University encourages a Complainant to talk with someone directly, the University does provide an anonymous online reporting option. This report will trigger an investigation. However, the University’s ability to respond effectively may be limited by the level of information provided and/or the anonymity of the complainant. All anonymous reports will be referred to the Title IX Coordinator and the Deputy Title IX Coordinators.
D. Privacy Considerations
The University is committed to protecting the privacy of all individuals involved in a report of sexual assault, sexual harassment or other sexual misconduct. Information related to a report to the University of sexual assault, sexual harassment or other sexual misconduct will be kept private by the University unless disclosure is required by law; thus, it will be shared only with those University officials with a legitimate interest in order to assist in the investigation and/or in the resolution of the complaint. Any publicly available recordkeeping maintained by the University, including Clery Act reporting and disclosures, will not include personally identifying information about victims of sexual assault, sexual harassment, or sexual misconduct or the accused. Under no circumstances will the University release the name of the Complainant to the general public without the express consent of the Complainant.
MAKING A REPORT
A Complainant may report to any department supervisor or chairperson, the Title IX Coordinator, Deputy Title IX Coordinator, the department of public safety, or to any member of the president’s cabinet and/or, local law enforcement.
The University encourages individuals to seek immediate medical treatment and to make a prompt report to law enforcement in response to an incident of sexual assault or other sexual misconduct in order to address immediate safety concerns, allow for the preservation of evidence, and trigger a prompt investigative and remedial response. When the incident is reported to a campus resource, the University will help the individual get to a safe place and assist the Complainant in seeking immediate medical attention or in reporting an allegation to local law enforcement. The University will arrange for transportation to the hospital, assist with notification of local law enforcement, and provide information about the University’s resources and complaint process. The University will also provide appropriate interim measures, as needed, to help ensure the safety and well-being of the parties affected. See Appendix B for more details on Interim Measures.
Reporting Options and Medical Care:
- St. Catherine University Department of Public Safety |(651) 690-8888
- Local Law Enforcement
- Minneapolis Police Department│612-348-2345
- Saint Paul Police Department │651-291-1111
Medical or Hospital Care
- St. Catherine Student Health and Wellness Center –St. Paul│651-690-9714
- Fairview Riverside General Information- Minneapolis │612-273-3000
- Hennepin County Medical Center- Minneapolis │612-347-5832
- Regions Hospital Emergency Center-St. Paul │651-254-5000
- United Hospital Emergency Department-St. Paul │651-241-8260
An individual’s physical well-being should be addressed as soon as possible, whether or not that individual wishes to make a report to the University or local law enforcement. A medical provider can provide emergency and/or follow-up medical services, which has two goals: first, to diagnose and treat the full extent of any injury or physical effect and second, to properly collect and preserve evidence. There is a limited window of time (typically 72 to 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence for proof of a criminal offense. In the event of a report immediately following an incident of sexual assault, a Complainant is encouraged to not shower, bathe, douche, brush teeth, drink, or change clothing prior to seeking medical treatment. Similarly, any clothing or bedding should remain untouched pending collection by law enforcement. Whether or not an individual has chosen how to proceed at the time of the medical examination, taking the step to gather evidence will preserve the full range of options to seek resolution through the University's complaint processes or through the pursuit of criminal action. If requested to do so, and if consistent with the needs of law enforcement authorities, campus authorities are available to assist in obtaining, securing, maintaining, or preserving evidence.
Please note that under Minnesota law, a medical provider may be required by Minnesota law to report certain information to authorities, including information related to wounds caused by firearms or other dangerous weapons, or maltreatment of minors or vulnerable adults. Although the medical provider will provide information to law enforcement, the Complainant may decline to speak with a law enforcement officer or participate in a criminal prosecution.
ON-CAMPUS REPORTING / University Disciplinary Process
A. In General
When an incident of sexual assault, sexual harassment, or other sexual misconduct is reported to a campus authority, the University will designate an investigator of its choosing to conduct a prompt, fair, and impartial investigation. The Deputy Title IX Coordinator and Associate Provost and Dean of Student Affairs or his/her designee will typically oversee the investigation of all reports involving a sexual assault or where the Respondent is a student. The Deputy Title IX Coordinator and Director of Human Resources or his/her designee will typically oversee the investigation of all reports (other than a sexual assault) involving a Respondent who is a University employee (faculty or staff). Normally, the investigation will include interviewing the parties, interviewing witnesses as appropriate, and collecting relevant documentary, electronic, or other evidence. All proceedings will be conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.
At the conclusion of the fact-finding investigation, findings are shared with the University authorities empowered to act on violations of University policy. The specific resolution process will be determined by the role of the Respondent, as specified in this Policy:
- Complaints of sexual assault, sexual harassment, or other sexual misconduct against a student will be addressed under the Code of Student Conduct and Community Expectations. All disciplinary sanctions listed in the Code of Student Conduct and Community Expectations are available for violations of this policy.
- Complaints of sexual assault, sexual harassment , or other sexual misconduct against any employee will be addressed under procedures in the Employee Handbook. All disciplinary sanctions listed in the Employee Handbook are available for violations of this policy.
- Determinations of whether sexual assault, sexual harassment, or other sexual misconduct occurred will be based on a preponderance of the evidence.
- During a fact-finding investigation or disciplinary proceeding for sexual assault or sexual misconduct, both the Compliant and the Respondent may bring any advisor they choose to any meeting or proceeding, such as an attorney or other support person, who is not a fact witness to the alleged sexual assault or sexual misconduct.
- During a fact-finding investigation or disciplinary proceeding for sexual harassment, not involving sexual assault and/or sexual misconduct, both the Compliant and the Respondent may bring an advisor or support person, from the St. Catherine University community, who is not a fact witness to the alleged sexual harassment.
- At the conclusion of a fact-finding investigation or disciplinary proceeding related to sexual assault and/or sexual misconduct, the University will provide simultaneous notification, in writing, to both the Complainant and Respondent of the result; available procedures to appeal the result, if any; any changes to the result; and when the result will become final. The results will include any sanctions imposed, as well as the rationale for the results and the sanctions.
- At the conclusion of a fact-finding investigation or disciplinary proceeding related to sexual harassment not involving sexual assault and/or sexual misconduct, the University will inform the Complainant and the respondent of the outcome.
B. Time Frame for Resolution
Generally speaking, the University will complete the investigation and resolution of all reports within 60 calendar days of receiving a complaint, unless good cause requires otherwise. A Complainant and Respondent can expect to receive periodic updates as to the status of the review or investigation. Each case is unique, and the process for handling the incident will be impacted by factors such as the complexity of the investigation, the scope of the allegation, the parties’ schedules and availability, and the academic calendar. In the event that the investigation and resolution exceed this 60-day time frame, the University will notify all parties of the need for additional time and best efforts will be made to complete the process in a timely manner. In no case will these time frames delay University-provided support services, resources or other measures.
C. Timely Warning
If a report under this Policy discloses a serious or continuing threat to the University campus community, the University may issue a timely warning to the community to protect the health or safety of the broader campus community. Any such warning to the campus community, when determined by the University to be appropriate under the circumstances, is limited to a brief account of the incident, a description of the assailant when needed to apprehend, and the name of any individual who has been arrested and charged with a crime.
REPORTING TO LOCAL LAW ENFORCEMENT
The University process and the criminal justice process are separate and independent courses of action. A Complainant who wishes to pursue a criminal complaint is encouraged to make a report to local law enforcement, but is not required to do so. Incidents occurring on campus are within the jurisdiction of the cities of Saint Paul and Minneapolis. Actions occurring off campus are within the jurisdiction of one of several surrounding townships, most of which are listed above (section III “Reporting Options”). If the Complainant does not know in which city the incident occurred, the Complainant should contact the Department of Public Safety or 911 for assistance. Upon request, the Associate Dean of Students and Retention or a representative of the Department of Public Safety will accompany a Complainant to the local police department and assist a Complainant in making a criminal report. Notifying local law enforcement will generally result in the Complainant, and in some cases the Respondent, being contacted by a police officer. The police will determine if a criminal investigation will occur and if the case will be referred for prosecution. Unless there are compelling circumstances, the University will typically not file an independent police report without the consent of the Complainant.
Other Potential Code of Student Conduct Violations
Consistent with the University’s Mission and belief that all members have an obligation to promote and protect the health, safety, and welfare of our community, the University strongly encourages all individuals to report sexual assault, sexual harassment, and other sexual misconduct so that those affected can receive support and resources. A student who reports such misconduct, either as a Complainant or a third party witness, will not be subject to disciplinary action for his/her own personal consumption of alcohol or other drugs in violation of the Student Code of Student Conduct and Community Expectations. The University may, however, initiate an educational discussion about the use of alcohol or drugs and their impact or pursue other educational remedies.
The University strongly encourages all community members to take reasonable and prudent actions to prevent or stop an act of sexual assault, sexual harassment, or other sexual misconduct. Taking action may include direct intervention, calling Public Safety or law enforcement, or seeking assistance from a person in authority.
Community members who choose to exercise this positive moral obligation will be supported by the University and protected from retaliation.
Submission of a good faith complaint, concern, or report under this Policy will not affect a Complainant’s employment, grades, academic standing, or work assignments. However, an individual found to have made a false complaint or report, or to have knowingly and willingly given false information during an investigation, will be subject to disciplinary action. A good faith complaint that is not substantiated does not constitute a false report.
University and Community
Confidential and Non-Confidential Resources
For Sexual Assault, Sexual Harassment, and other Sexual Misconduct
ON-CAMPUS RESOURCES: Please note that "confidential" sources will generally offer to connect the reporting person to Public Safety to report the incident and pursue an investigation.
|Resource||Telephone Contact||Email Contact @stkate.edu||Office Location||Confidential Resource*|
|PUBLIC SAFETY OFFICE
Mark Johnson, Director
Victor Juran, Assistant Director
|St. Paul Campus, Coeur de Catherine, 2nd floor Dew Drop Lounge.
|HEALTH AND WELLNESS CLINIC
Amy Kelly, MD, MDH, Director
Sarah Hoyt, RN
Meghan Brandt, PA
|Butler Center, Room 100
Licensed Psychologists and Psychiatrist
Heide Malat, PsyD, LP, Director
Sarah Truesdell, PhD, LP, Assistant Director
Donna Kulakowski, PhD, LP, Psychologist
Laura Musegades, MA, LP,
|Derham Hall, Room 330||Confidential|
Heidi Anderson-Isaacson, Director
Professional Staff On-Duty
|Coeur de Catherine (CDC), Room 450||No|
|CLERGY (thru Campus Ministry)||651-690-6724||campusministry@||Our Lady of Victory Chapel|
|STUDENT AFFAIRS OFFICE
Curt Galloway, Associate Provost and Dean of Student Affairs
Ellen Richter-Norgel, Associate Dean of Students and Retention
Lindsay Whipple, Assistant Dean for Student Support and Outreach
|Derham Hall, 306
Coeur de Catherine (CDC) Room 271
Derham Hall, 327
Derham Hall, 325
|ACCESS AND SUCCESS Licensed Social Workers
Joan Demeules, LSW, MA - Associate Director
Stephanie Bowman, MA, MSW, LGSW
Lea Thornton, LSW, MSW
Beth Hamer, LWS
Education Building Rooms 361 & 363 (Mpls.).
Coeur de Cathinere, Room 493 (St. Paul).
|TITLE IX COMPLAINT OFFICERS
Sarah Schnell, Director of Human Resources, Title IX Coordinator
Curt Galloway, Dean of Student Affairs, Title IX Deputy Coordinator
Eric Stacey, Athletic Director, Title IX Deputy Coordinator
Human Resources, Derham Hall, Room 8
Couer de Catherine (CdC), Room 271
Butler Center, 1st floor, Room 102B
|OFF-CAMPUS SEXUAL VIOLENCE RESOURCES
Sexual Violence Center
SOS Sexual Violence Services
|LOCAL LAW ENFORCEMENT
Minneapolis Police Department
Saint Paul Police Department
|COMMUNITY LEGAL SERVICES OF MINNESOTA
Regions Hospital Emergency Center
Fairview Riverside General Information
Hennepin County Medical Center
United Hospital Emergency Department
|See note below.|
+ Please note that under Minnesota law, a hospital medical provider may be required to notify law enforcement of a reported sexual assault. Although the medical provider will provide information to law enforcement, the Complainant may decline to speak with a law enforcement officer or participate in a criminal prosecution.
* “Confidential” means the person will not report the incident to Public Safety except, in some cases, as an incident without identifying information (to comply with Clery reporting requirements on crime statistics). Other resources are private, meaning the report and names may be shared but only with University employees who are involved in the investigation or resolution of such incidents or as required by law.
*** Excerpt from Policy (III A) on confidentiality of reports to the Sexual Assault Resource Coordinator (SARC)
2. Another category of employees may talk with a Complainant in confidence and generally only report that an incident occurred without revealing any personally identifying information about the Complainant. People in this category include nursing staff and advocates, that is:
c. Nurses and Nurse Practitioners at the Student Health and Wellness Center
d. The Sexual Assault Resource Coordinator (acting in that capacity)
A report of sexual assault, sexual harassment or other sexual misconduct to such a person will typically not trigger an investigation by the Title IX Coordinator or Public Safety into the matter against the Complainant’s wishes. However, should there be a continuing threat to the community, a timely warning may still need to be issued to protect the community. The warning would not contain identifying information about the reporting person.
+ Title IX Coordinator
The University has appointed Sarah Schnell, Director of Human Resources, as its Title IX Coordinator. The Title IX Coordinator oversees the University's centralized review, investigation, and resolution process for reports of sexual assault, sexual harassment, and other sexual misconduct, and coordinates the University’s compliance with Title IX. See Appendix C for the complete Title IX Notice.
Interim Measures to Protect Safety and Well-Being
Following a report of sexual assault, sexual harassment or other sexual misconduct, the University will provide interim support and reasonable protection against further acts of misconduct, harassment, or retaliation as needed, as well as provide services and resources to provide a safe educational and employment environment. For a listing of services and resources, see Appendix A above. The University will provide these interim measures regardless of whether the Complainant chooses to report to Public Safety or local law enforcement.
Individuals seeking such assistance should speak with the Director of Residence Life, the Associate Provost and Dean of Student Affairs, the Associate Dean of Students and Retention, the Assistant Dean for Student Support and Outreach, or the Title IX Coordinator. The University will maintain consistent contact with the parties to ensure that all safety, emotional, and physical well-being concerns are being addressed.
The University will determine the necessity and scope of any interim measures pending the completion of the complaint process. Even when a Complainant or Respondent does not specifically request that protective action be taken, the University may still choose to impose interim measures at its discretion to ensure the safety of any individual, the broader University community, or the integrity of the review process. The University will maintain as confidential any interim measures taken to the extent maintaining such confidentiality would not impair the ability to provide the measures.
All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The University will take prompt responsive action to enforce a previously implemented interim measure.
The University may impose any remedy that can be tailored to achieve the goals of this Policy, even if not specifically listed here. The range of interim measures includes:
1. No Contact Order: The Complainant or Respondent may request, or the University may impose, communication and contact restrictions to prevent further potentially harmful interactions. These communication and contact restrictions generally preclude in-person, telephone, electronic or third party communications.
An individual may also seek an order for protection from the local or state courts. This is a civil proceeding independent of the University. If a court order is issued the University will, to the extent possible, assist the protected person in benefiting from the restrictions imposed by the court and will also facilitate on-campus compliance with the order.
2. Escort: The University may provide an escort to a Complainant to ensure safe movement between classes and activities.
3. Academic, Employment, Living or Transportation Arrangements: A Complainant or Respondent may request a change in his/her own academic, employment, living or transportation arrangements after a report of sexual assault, sexual harassment, or other sexual misconduct by speaking with the Director of Residence Life, the Associate Provost and Dean of Student Affairs, the Associate Dean of Students and Retention, the Assistant Dean for Student Support and Outreach, or the Title IX Coordinator. A request for an employment change in the case of sexual harassment where the Respondent is an employee may also be directed to the Director of Human Resources. Upon request the University will inform the Complainant or Respondent of the options and will accommodate the request if those changes are reasonably available. In some cases the University may initiate these changes without a request. These may include a change in class or work schedule, a change in living accommodations, academic accommodations, and/or a voluntary leave of absence.
4. Emotional Support: The University will assist in providing counseling services through the St. Catherine University Counseling Center or will assist in providing a referral to off-campus support agencies.
5. Support for the Respondent: An individual appointed by the Associate Provost and Dean of Student Affairs will provide support for students accused of sexual assault, sexual harassment, or other sexual misconduct. This individual may advise the Respondent regarding the campus disciplinary process and will assist with other questions and concerns, but does not act as legal counsel.
6. Interim Suspension: To provide for the safety of any individual or the broader campus community, the University may suspend a Respondent on an interim basis. For students, the applicable provisions of the Student Code of Conduct and Community Expectations shall apply.
Title IX Notice
Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination on the basis of sex in any federally funded education program* or activity. Sexual harassment, which includes sexual assault and other sexual misconduct, is a form of sex discrimination. Under the University Sexual Assault, Sexual Harassment and Sexual Misconduct Policy, the University prohibits sexual harassment, sexual assault, sexual exploitation, stalking and retaliation. Title IX and the University’s Policy also applies to acts of domestic or dating violence, also known as intimate partner violence. As a recipient of federal funds, St. Catherine University complies with Title IX and has appointed Sarah Schnell, Director of Human Resources, as its Title IX Coordinator with overall responsibility for Title IX compliance. Sarah can be reached at Derham Hall in Room 8. 651-690-6565, email@example.com
Any student, employee or applicant for employment or admission to the University who believes that she or he has been discriminated against on the basis of sex, in violation of Title IX, or has been a victim of sexual assault, sexual harassment or other sexual misconduct, may file a complaint with the Title IX Coordinator or Deputy Coordinator designated below. The Title IX Coordinator or Deputy Coordinator will assist the complainant in identifying the appropriate University policy (with its grievance procedure) to resolve the complaint in a prompt and equitable manner. The Title IX Coordinator or Deputy Coordinator may consult with other St. Catherine administrators, as needed, to resolve the complaint in the most effective manner.
The Title IX Coordinator is supported by two Deputy Title IX Coordinators, who are knowledgeable and trained in state and federal laws that apply to matters of sexual assault, sexual harassment or other sexual misconduct, as well as University policy and procedure.
*The University does not admit men to its baccalaureate programs in the College for Women.
Sarah Schnell│Title IX Coordinator
Director of Human Resources
Derham Hall Room 8│ (651)-690-6565 │ firstname.lastname@example.org
Curt Galloway│ Deputy Title IX Coordinator
Associate Provost and Dean of Student Affairs
Coeur De Catherine 271│ (651)-690-6980│email@example.com
Eric Stacey│ Deputy Title IX Coordinator
Butler Center 102B│ (651)-690-8778 │ firstname.lastname@example.org
Inquiries concerning the application of Title IX also may be directed to:
Office for Civil Rights
U.S. Department of Education
500 W. Madison Street, Suite 1475
Chicago, IL 60661-4544
FAX: 312-730-1576; TDD: 800-877-8339
SEXUAL HARASSMENT, SEXUAL VIOLENCE, AND SEXUAL MISCONDUCT
PREVENTION AND EDUCATION EFFORTS
St. Catherine University is committed to the prevention of sexual assault, sexual harassment, and other sexual misconduct through education and awareness. Throughout the year, programs and campaigns designed to promote sexual violence awareness and prevention are presented by a variety of campus resources including Student Affairs staff, Public Safety staff, the Violence Prevention Collective, peer educators and a myriad of other St. Catherine students, faculty, staff and guests.
The University also promotes participation of student groups in prevention activities, through training provided in Residence Life and Athletics, among others. Prevention programs stress the added risks involved when the use of alcohol or other drugs is present. Incoming first year students, as part of their orientation, attend programs that cover the topic of sexual violence presented by Student Affairs staff. Similar programs are also presented to transfer, associate, graduate and E|W|O students and are made available online.
Flyers and bulletin boards about sexual assault, sexual harassment, and other sexual misconduct are posted in residence halls and strategic locations across campus. The educational programs review strategies for prevention and inform students of options and resources available should such violence occur. The following are typical of prevention and training programs and campaigns that are regularly offered:
|New Student Orientation - Community Resources Presentation. Presentation to new first-year students regarding University Policies and resources, including sexual harassment and sexual misconduct policies and support resources.||All new First-year students (approximately 400).||Presented by Dean of Student Affairs during Fall and Spring Orientation programs.|
|New Student Orientation - Community Resources Presentation(s). Presentation to new students regarding University policies and resources, including sexual harassment and sexual misconduct policies and support resources.||New Day Transfer, Graduate and College of Adult Learning students.||Presented by Dean of Student Affairs at beginning of each new academic term. Program content is also available to students within D2L throughout academic career.|
|New Student Orientation - Online Programs. Overview of policy and support resources including D2L Online Orientation Program.||Students in any of University's programs offered in the online format: RN to BS, OTA Online, online Graduate programs, Day, Transfer, Adult Baccalaureate and Associate programs.||Offered at beginning of each new academic term. Program content is available online to students within D2L throughout academic career.|
|"What Would You Do?" Interactive program designed to engage students in discussion about sexual misconduct policies and resources, possible responses to challenging situations, consent, and bystander intervention techniques.||All new first-year (FF) Day students (approximately 400).||Presented by Student Affairs staff during Fall orientation program.|
|It's On Us Taskforce. Interdepartmental taskforce (Health and Wellness, Residence Life, Athletics, Student Center and Activities, Campus Ministry) developed to create campus movement towards understanding and implementing bystander intervention and complexities of violence prevention. 20+ students participated in the group and focused on creating bystander intervention education materials, Take Back the Night Event, and building campus awareness of It's On Us movement.||St. Catherine University students - all degree levels.||Continuously.|
|Violence Prevention Collective. Collaboration of faculty and staff committed to building awareness and creative resource materials addressing violence against women. Initiatives include speakers, panel discussions, classroom presentations, film screenings, Residence Life trainings, publicity campaigns, and art installations.||Any member of the St. Catherine University community.||Continuously.|
|Health and Wellness Clinic - College Health Survey. St. Catherine University participates in the College Health Survey offered through the University of Minnesota. Survey includes questions about sexual assault, physical abuse, domestic abuse and other related topics.||St. Catherine University students - all degree levels.||Every two years.|
|Health and Wellness Clinic - Intake Screening. All students who present to the clinic must complete a history form which includes questions about physical abuse and sexual assault.||Student patients at University's Health and Wellness Clinic.||Continuously.|
|Ask Katie - Health Clinic Peer Educator Programming. Counseling Center bulletin board "Love Shouldn't Hurt".||Any member of St. Catherine University community.||April 2016.|
|Ask Katie - Health Clinic Peer Educator Programming. National Sexual Assault Awareness Month (April) bulletin board and tabling on topic of healthy relationships.||Any member of St. Catherine University community.||April 2016.|
|Ask Katie - Health Clinic Peer Educator Programming. Developing a Bystander Intervention training program. Peer Educators created scenarios regarding various situations of sexual assaults and relationship conflict.||First-year students. Any member of St. Catherine University community.||April-May 2016.|
|Ask Katie - Health Clinic Peer Educator Programming. Alcohol Awareness program, co-sponsored with SEEK, including information on date rape drugs, symptoms to look for, and actions to take if this occurs. Education on prevalence of sexual assault in correlation to alcohol use presented in ‘Katie Pong” trivia and power point throughout program.||Any member of the St. Catherine University Commuity||October 2015.|
|Ask Katie - Health Clinic Peer Educator Programming. Assisted students working with RHA to create a program, "Cupcakes and Consent" regarding: Sexual Assault, Rape Culture, Tinder, Consent, and Resources available, both on and off campus.||Any member of St. Catherine University community.||February 2016.|
|Ask Katie - Health Clinic Peer Educator Programming. "prevention is Possible." Played the movie, "Flirting with Danger, Power and Choice in Heterosexual Relationship." Included post-movie discussion.||Any member of St. Catherine University community.||April 2016.|
|Counseling Center. Within the counseling relationship, address issues of stalking, relaionship violence, and sexual assault. Distribution of healthy relationship, domestic abuse and sexual assault information and resource centers through bulletin boards and brochure racks.||Any member of St. Catherine University community.||Continuously.|
|Counseling Center - Intake Screening. All students who presented to the center are asked to complete and intake form which includes questions about physical abuse and sexual assault.||Student clients at St. Catherine University Counseling Center.||Continuously.|
|Access and Success - Intake Screening. Student parents who seek assistance at Access and Success (University's student parent support office) are asked to complete an intake form which includes questions about relationship violence, physical and emotional abuse, and other related issues.||St. Catherine University student parents.||Continuously.|
|Resident Adviser Training. Annual training of resident advisers, including training on sexual misconduct policies, resources, response protocol and reporting; emergency training (responding to victims of sexual misconduct); counseling skills; and domestic and emotional abuse.||Residence Life Staff.||Annually in Fall; periodically throughout academic year.|
|Residence Life - Bulletin Board Programs. Variety of residence hall bulletin board displays focusing on sexual conduct, victimization, abusive relationships, domestic violence, Denim Day and related topics.||Resident students.||February and March 2016.|
|Transgender Communities. Program to facilitate discussion regarding community expecitations and to present information regarding transgender community sterotypes.||First-year resident students.||November 2015.|
|Transgender Day of Remembrance. Remember, honor, and reflect on the lives lost to anti-transgender violence, discrimination and prejudice.||Any member of St. Catherine University community.||November 2015.|
|"How to Spot a Loser Lover". Facilitate session designed to cover warning signs of sexual, emotional, technological, and verbal abuse in relationships. Strategies for helping self and others, and campus and community resources are shared.||First-year resident students.||March 2016.|
|"Slut Shaming and Rape Culture". Open discussion with first-year resident students about what the term "rape culture" means in the 21st century.||First-year resident students.||February 2015.|
|Self-Defense Workshops. Introductory workshop geared toward teaching students situational awareness, verbal deescalation and physical self-defense techniques.||St. Catherine Univesity students - all degree levels.||Co-sponsored and offered by Department of Public Safety, the Violence Prevention Collective, and SEEK (Student programming board) about four times per year. Also available upon request.|
|"Portrayal and Betrayal". Part of the Cornbread and Chili series, program designed to explore the role of media and how it portrays women and reinforces rape culture. Included panel discussion about rape culture and what community members can do to promote change.||Any member of St. Catherine University community.||November 2015 Co-Sponsored by Multicultural and International Programs and Services (MIPS) office, and Minnesota Public Interest Research Group (MPIRG)|
|"Dating Violence Prevention: Break the Cycle". Facilitated conversation on dating violence and how to break the cycle.||Any member of St. Catherine University Community.||November 2015. Sponsored by SHE Pab (Hmong women's organization).|
|"Seeking Solutions Through Justice, Dignity Integrity and Action". Presentation n sex trafficking in North Minneapolis, by Dr. Alika Galloway, Northside Women's Space||Any member of St. Catherine University Community.||March 2015.|
|Domestic Violence Awareness Bra Drive. First Generation Scholars League (FGSL) and Active Minds hosted a bra drive to collect new or gently used bras to be donated to Casa de Esperanza along with other local domestic violence shelters for women.||Any member of St. Catherine University community.||October-December 2015.|
|Staff and Faculty Orientation. Every month, new faculty and staff participate in orientation, which includes University policies and resources, including sexual harassment and sexual misconduct policies and support resources.||Faculty and Staff members.||Continuously.|
|Title IX/SAVE Act Boot Camp and Advanced Title IX Training. Formal program provided by TrainED about TITLE IX, SAVE ACT.||TITLE IX Coordinator and Deputy Coordinator.||July 2015.|
|Title IX Investigation/Adjudicator Training. Formal training provided by TrainED.||Title IX Coordinator, Deputy Coordinators and Investigators.||February 2015.|
|CLERY Act Compliance Training.||Public Safety Assistant Director.||April/May 2015.|