MSUM adheres to the MnSCU Board Equal Opportunity and Nondiscrimination Policy, the Board Report/Resolution Procedure, the Board Sexual Violence Policy, and the System Sexual Violence Procedure. These policies prohibit sexual harassment and sexual violence by faculty, staff, students, and others (as appropriate).
Affirmative Consent is informed, freely given and mutually understood. If coercion, intimidation, threats, and/or physical force are used, there is no consent. If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Silence does not necessarily constitute consent, and past consent of sexual activities does not imply ongoing future consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.
Sexual violence includes a continuum of conduct that includes sexual assault, and non-forcible sex acts, dating and relationship violence, as well as aiding acts of sexual violence.
Sexual assault means an actual, attempted, or threatened sexual act with another person without that person’s consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under the Student Conduct Code and employee disciplinary standards. Sexual assault includes but is not limited to:
Dating and relationship violence includes physical harm or abuse, and threats of physical harm or abuse, arising out of a personal intimate relationship. This violence also may be called domestic abuse or spousal/partner abuse and may be subject to criminal prosecution under Minnesota state law.
Stalking is conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to fear for her or his safety or the safety of others or to suffer substantial emotional distress.
As required by law, Minnesota State Colleges and Universities further defines sexual harassment as a form of sexual discrimination which is prohibited by state and federal law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when:
Complaints of sexual harassment/sexual violence are investigated and processed pursuant the procedures listed above. All complaints should be reported to the Title IX Coordinator or Designated Officer.
Online reports may be made with the reporting party’s name or anonymously. Use the Confidential Reporting Form.
