Sexual Assault, Stalking and Relationship Violence

• Updated: January 2009
• Primary Contact : Kimberly Hewitt

As a university and as a community we strive to assure the safety and to respect the dignity of each student, staff and faculty member. Sexual assault, relationship violence and stalking are prohibited at the University. Sexual assault and relationship violence, including threats of sexual assault and related relationship violence, are attacks not only on a person's body, but also on the person's dignity, and are not tolerated. To foster a community free from sexual assault and relationship violence, the University provides reporting options for responding, including the police department; victim/survivor assistance; internal mechanisms for discipline and dispute resolution; prevention training; and other related services.

Board of Regents Policy on Sexual Harassment prohibits conduct covered by this administrative policy and the Student Code of Conduct. Further, this policy implements the Regent's policy in part and establishes procedures for responding to incidents involving sexual assault and relationship violence. The commitment of the entire University community to this policy contributes to our goal of creating a campus free from sexual assault and from other violence that may occur within a personal, intimate relationship.

• Responding to Incidents of Sexual Assault, Stalking and Relationship Violence

There are no forms associated with this policy.

Consent

Informed, freely and actively given, and mutually understood. If physical force, coercion, intimidation, and/or threats are used, there is no consent. If the victim/survivor is mentally or physically incapacitated or impaired so that the victim/survivor cannot understand the fact, nature or extent of the sexual situation, and the condition was or would be known to a reasonable person, there is no consent. This includes conditions due to alcohol or drug consumption, or being asleep or unconscious.

Relationship Violence

Causing physical harm or abuse, and threats of physical harm or abuse, arising out of a personal, intimate relationship. Relationship violence often is a criminal act that can be prosecuted under Minnesota state law, as well as under the Student Conduct Code and employee discipline procedures.

Sexual Assault

Actual, attempted or threatened sexual contact with another person without that person's consent. Sexual assault often is a criminal act that can be prosecuted under Minnesota state law, as well as under the Student Conduct Code and employee discipline procedures.

Stalking

A course of conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to feel fear.

Counseling Services

Provide counseling services and referrals.

Equal Opportunity and Affirmative Action

Oversight of policy and complaint services, consultation regarding allegations, and in the Twin Cities system office, investigation of allegations against employees

Health Care Services

Provide health care and counseling, and referrals

Housing/Residential Life Offices

Provide assistance to residents, including changing living situations if requested and reasonably available

Police Departments

Investigate allegations for possible criminal prosecution.

Student Conduct Offices

• Respond to and resolve allegations by students consistent with the Student Conduct Code. This includes advising and sanctioning student offenders when warranted. Some offices, including the Twin Cities campus, will also investigate allegations, unless an appropriate and timely investigation is being conducted by police for use by the student conduct office.
• Provide resource and guidance for training for University presenters and formal hearing board members and chairs.

Victim/Survivor Services

• Maintain all contacts and reports as strictly confidential.
• Provide crisis intervention and advocacy
• Assist victim/survivor in contacting police and/or reporting to other University offices, if the victim/survivor consents (some can assist in obtaining restraining orders).
• Assist victim/survivor in obtaining medical assistance and counseling, changing academic programs or housing, etc.
• Campus-based programs will also provide awareness, prevention and risk-reduction training, and educational programming for students and employees.

There are no appendices associated with this policy.

1. Should I report the incident to the police?

   If you want to start the criminal process you must report the situation to the police, preferably within the first 72 hours. The telephone number for the University police is 612-624-COPS or you can dial 911. The Aurora Center has staff that can assist you in making your report. For more information you can reach the Aurora Center at 612-626-2929 or www.umn.edu/aurora, or refer to the contact list above for information about the coordinate campuses.

2. Where do I go for medical treatment if I have been sexually assaulted?

   There are many places you can go to receive medical treatment following a sexual assault, but hospital emergency rooms are the only places that provide sexual assault evidence collection exams (SARS). You should seek medical treatment even if you choose not to pursue the SARS exam, within 72 hours of the assault.

3. Does the SARS exam cost money?

   No, the county will cover the cost of the exam, whether or not you choose to report the situation to the police.

• Board of Regents Policy: Student Conduct Code
• Board of Regents Policy: Code of Conduct
• Board of Regents Policy: Sexual Harassment
• Regulations Concerning Faculty Tenure
• Civil Service Rules
• Academic Professional and Administrative employee policies and procedures
• All Collective Bargaining Contracts
• Sexual Assault Victim's Rights Statement
• Twin Cities: Campus Committee on Student Behavior-Hearing Procedures

Amended:

August 2008 - Clarified Policy Statement, Reason, added FAQ, and clarified procedure. Statement now explicitly mentions that stalking is prohibited (previously it mentioned that sexual assault and relationship violence were prohibited.) Title changed to reflect this.

Amended:

July 2004 - Updated contacts section and Police Department instructions in Procedure.

Effective:

May 2001

Supercedes:

1993 Memo on Sexual Assault by Marvalene Hughes.