Gustie Guide 2017-2018

Dean of Students




Gustavus Adolphus College considers any form of sexual assault to be a very serious offense, which will not be tolerated in its community. The College will assist any student, faculty member, or staff member who is a victim of sexual assault and will discipline any person who violates its policy against sexual assault.

Sexual assault is a form of sexual misconduct and includes the following:

  • Non-Consensual Sexual Contact (or attempts to commit same)
  • Non-Consensual Sexual Intercourse (or attempts to commit same)
  • Sexual Exploitation
  • Intimate Partner Violence (IPV)
  • Stalking

Please see the Student Sexual Misconduct Policy and the Policy Against Harassment for more details. All members of the Gustavus community should read and be familiar with both. If you are not sure whether you have been sexually harassed or sexually assaulted, or both, speak with a Sexual Assault Response Team member (SART/CADA). Gustavus Adolphus College does not discriminate on the basis of sex in its education programs or activities and is required by Title IX not to discriminate. Questions regarding Title IX may be referred to Patty Dawson, Title IX Coordinator.


Note that only conversations with SART/CADA members, counseling staff, chaplains, and professional health care staff may be kept strictly confidential, as described below.

The College will respect the confidentiality of the sexual assault victim and the alleged offender(s) as much as possible, consistent with the College’s legal obligations. As noted below, Students who wish to report or discuss sexual misconduct incidents should be aware that employees on campus have different reporting responsibilities and different abilities to maintain confidentiality or privacy, depending on their roles at the College. Confidentiality and privacy offer two different levels of protection for information a student shares. Staff who are considered confidential generally would only share information if there was imminent risk to self or others. Staff who are private can share information with others on a “need to know basis,” which is a lower threshold than confidential sources. Both confidential and private staff provide non-personally identifying information for college statistical purposes. Please refer to section III. of the Student Sexual Misconduct Policy titled Confidentiality, Privacy and Reporting Policy for further explanation regarding reporting.

What to Do if You or Someone You Know Has Been Sexually Assaulted

When someone experiences a sexual assault, there are a variety of reactions that are all normal—feeling numb, dirty, or dysphoric—to name a few. It is important to keep in mind the following steps to get yourself safe and to receive the help you or your friend need:

Go to a Safe Place: Call a friend, family member, or someone you trust to stay with; you are encouraged to call the police (911 or 507-931-1550), SART/CADA (507-933-6868), or Campus Safety (507-933-8888).

Seek Assistance: Gustavus encourages students who have experienced a sexual assault to contact an advocate from the Gustavus Sexual Assault Response Team (SART/CADA). SART/CADA consists of advocates who are available to respond to students who have experienced sexual assault or other forms of interpersonal violence. They are available to provide confidential support, information and assist with resource referrals. An advocate can be reached 24 hours a day by calling 507-933-6868. Listen to the prompts on the phone while you are transferred to an on-call SART/CADA member.

Gustavus Advocates (SART) are available on campus Monday-Friday during business hours and can be reached by office phone or email. On evenings and weekends an Advocate from CADA (Committee Against Domestic Abuse) will be available to assist you. A survivor may also choose to directly contact CADA, an off-campus victim service agency, for support. CADA staff can be reached 24 hours a day at 800-477-0466 or 507-625-3966.

Preserve the Evidence: In the event of an assault, an immediate, crucial consideration is that of preserving evidence. Should a survivor be even remotely considering the possibility of eventually pursuing criminal sexual assault charges, evidence found on or in the body must be collected by trained medical personnel (see section on Seeking Assistance for more details). While this can feel like adding trauma to trauma, at the very least the student should consider not immediately taking a shower or washing or destroying the clothes associated with the assault.

Further Options for Victims: 

  1. Seeking Medical Care: Survivors of sexual assault have the right, and are strongly encouraged, to receive medical care as soon as possible. Even if the survivor does not want to report to the police, or if it has been a while since the assault, she or he may still need and benefit from medical attention, since there are potential medical concerns that may result from an assault. Medical concerns include sexually transmitted infection (STI), pregnancy, physical injury, and psychological trauma.

    Decisions about whether or not to report the assault to the police DO NOT need to be made prior to receiving medical care.

    If a sexual assault survivor is not sure how to proceed or what the next step to take should be, please contact SART/CADA. All conversations with SART/CADA staff are confidential and survivors can discuss options in order to decide what will best meet their needs.

  2. Filing a report with the Saint Peter Police Department: At the discretion of the survivor, a SART/CADA member may assist in filing a report directly with the Saint Peter Police Department. The survivor may request that the Saint Peter Police investigate the crime and gather evidence at the time of the incident. The survivor should realize that delay in reporting a crime usually results in the loss or destruction of important evidence. Moreover, it is important to have a timely incident report on file if the survivor later decides that she/he would like to take further action. To contact Saint Peter Police dial 911 or call 507-931-1550.

  3. Filing a Complaint through Gustavus’s Student Conduct System: In the case of student-on-student assault, the survivor should consider filing a formal complaint against the other student. The survivor should consider filing the formal complaint as soon as possible after the events giving rise to the complaint. It is important to do so since evidence becomes more difficult to gather and recollections fade the further from the event that a report is made. A formal complaint should be filed according to the procedures outlined in the Student Sexual Misconduct Policy.

A SART/CADA member will explain other support options available and assist in accessing them, including but not limited to:

  1. No contact order - A student may request a no-contact order that stipulates that the perpetrator have no contact with the survivor. If the accused is also a student, in most cases, the College will impose the no-contact order between both students. In cases where the accused is not a student/employee, the survivor can request a No Trespass order from the Dean of Students. A survivor may also elect to pursue an Order for Protection with local law enforcement.

  2. Housing accommodations - Students living on campus can request a change of housing; students living off campus can request a move onto campus.

  3. Counseling services - Counseling resources are available on and off campus. Because of the traumatic nature of sexual assault, survivors are strongly encouraged to seek professional help. On campus, free and confidential counseling services are available at the Counseling Center in Johnson Student Union. There are also support resources outside the College community. The College Counseling Center maintains a list of local therapists, including licensed psychologists, social workers, and psychiatrists in private practice who work with individuals who have experienced trauma.

  4. Academic assistance - Assistance is available to the survivor regarding academic problems that may arise in relation with the assault.

Sexual Assault Victim’s Rights

A victim of sexual assault will be treated with dignity. They are not at fault for the incident and it will not be suggested that they should have acted in a different manner to avoid being victimized. 

A victim will decide when to repeat a description of the incident of sexual assault. The College will provide the victim with access to their description of the incident as it was reported to the institution, including if that student transfers to another postsecondary institution.

The College will protect the privacy of a victim of sexual assault by only disclosing data collected relevant to the complaint to the victim, to persons whose work assignments reasonably require access and, at the victim’s request, to police conducting a criminal investigation.

The College will, at the direction of law enforcement authorities, assist in obtaining, securing, and maintaining evidence in connection with a sexual assault incident. The College will help a victim in preserving materials relevant to a campus disciplinary proceeding.

At the request of the victim, the College will provide students who reported sexual assaults and subsequently choose to transfer to another postsecondary institution with information about resources for victims of sexual assault at the institution to which the victim is transferring.

A survivor has the right to file criminal charges with local law enforcement authorities, and, upon request, are entitled to assistance from the College in notifying local law enforcement authorities.

A survivor also has the right to obtain assistance from the Crime Victims Reparations Board and the Office of Crime Victims Ombudsman:

1821 University Avenue North 
N465 Griggs-Midway Building
St. Paul, MN 55104
Phone: 800-247-0390

If Someone You Know Is Assaulted

If a friend who has been sexually assaulted confides in you, the most important thing you can do is listen. Also, keep the following in mind:

  1. Believe them. More than anything else, they need you to legitimize the pain of their experience. Now is not the time to question individual facts regarding the story. Take his or her word for it. Don’t blame him or her for decisions made, and don’t let them blame themselves.
  2. Respond to any physical and personal needs. If the assault has just occurred, the person might have medical or personal needs that should be met. Ask your friend if they would like to go to the hospital. Encourage them to go, but let it be their decision. The hospital is also a place where physical evidence can be collected against the rapist. It is important that your friend does not “clean up” beforehand, shower or change clothes.
  3. Listen to and comfort your friend. Don’t take control of the situation. Again, the best thing that you can do for your friend is to listen. Assume that what has happened is confidential; don’t tell others. Offer your friend choices, and be patient with their response.

  4. Let your friend know how much support you can give. If you are not comfortable being a support person, say that to your friend in a thoughtful way and help her/him find other support. Ask them if they want to talk to someone, over the phone, or in person. Recommend that the talk to a counselor and that you will go with them. If they refuse, that is their choice.
  5. Get help for yourself. You may need to talk to someone about your feelings and to sort out your own reactions. You too can call any of the resources listed.
  6. Know your resources and use them. You do not have to handle the situation alone. SART/CADA can be contacted 24 hours a day to answer questions and to offer you support. You do not have to give the survivor’s name and the information you provide SART/CADA is confidential.
  7. Treat the victim with dignity.


  1. Introduction

    Members of the College community, guests and visitors have the right to be free from sexual violence, which includes sexual misconduct. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The College has a zero tolerance policy for sexual misconduct. When an allegation of sexual misconduct is brought to an appropriate administrator’s attention, and an accused student is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated.

    Not all forms of Sexual Misconduct will be deemed to be equally serious offenses, and the College reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The College will consider the concerns and rights of both the person bringing forth the complaint and the student accused of Sexual Misconduct. Gustavus Adolphus College does not discriminate on the basis of sex in its education programs or activities and is required by Title IX not to discriminate. Questions regarding Title IX may be referred to Patty Dawson, Title IX Coordinator or to the Office of Civil Rights.

  2. Scope of the Policy

    This policy applies to all students including both students who experience or are accused of sexual misconduct. Students who wish to bring a sexual harassment grievance against a faculty or staff member or student will use the College Policy Against Harassment. Faculty and staff who experience sexual misconduct by a student and who wish to pursue a claim against the student, will use the process outlined in this policy.

    As necessary, the College reserves the right to initiate a complaint, to serve as Complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.

  3. Definitions

    Sexual Harassment is unwelcome conduct of a sexual nature that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

    Sexual Harassment may include, but is not limited to:

    • an attempt to coerce an unwilling person into a sexual relationship;
    • repeatedly subjecting a person to egregious, unwelcome sexual attention;
    • punishing a refusal to comply with a sexual-based request;
    • conditioning a benefit upon submitting to sexual advances;
    • gender-based bullying.

    Sexual Misconduct offenses include, but are not limited to:

    • Non-Consensual Sexual Contact (or attempts to commit same)
    • Non-Consensual Sexual Intercourse (or attempts to commit same)
    • Sexual Exploitation
    • Intimate Partner Violence (IPV)
    • Stalking

Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object or body part, by an individual upon another individual that is without consent and/or by force.

  • Sexual Contact includes, but is not limited to intentional sexual contact with the breasts, buttock, groin, genitals, mouth, or other orifice, or touching another with any of these body parts, or making another touch another or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or other orifice.

Non-Consensual Sexual Intercourse is any sexual intercourse (vaginal, anal, or oral), however slight, with any object or body part, by an individual upon another individual that is without consent and/or by force.

Intercourse includes, but is not limited to vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Sexual Exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.

Sexual Exploitation may include, but is not limited to:

  • intentional and repeated invasion of sexual privacy (e.g., walking into the other person’s room or private space);
  • prostituting another person,
  • non-consensual video or audio-recording or electronically broadcasting (e.g., with a web cam) of sexual activity,
  • intentionally allowing others to view/hear a sexual encounter without consent (such as letting individuals hide in the closet to watch consensual sex),
  • engaging in voyeurism,
  • knowingly transmitting an STI or HIV to another student without their knowledge,
  • exposing one’s genitals or breasts in non-consensual circumstances; inducing another to expose their genitals or breasts,,

Intimate Partner Violence (IPV)

Sometimes referred to as dating or relationship violence, IPV can vary in frequency and intensity and is defined as physical, sexual, or psychological harm by a current or former partner or spouse. The main types of abuse include:

  • Physical violence, which involves the intentional use of physical force with the potential for causing injury, harm, and even death. This can include scratching, pushing, shoving, throwing, grabbing, biting, choking, slapping, or use of restraints or one’s body size or strength against you.
  • Sexual violence, which includes attempted or completed sexual contact or intercourse through the use of physical force to compel a person to participate or as a result of incapacitation (see definitions above) or any other form of abusive sexual contact.
  • Threats of physical or sexual violence, which include the use of words, gestures, or weapons to communicate intent to cause death, disability, injury, or physical harm.
  • Psychological or emotional violence, which includes causing trauma to the victim by acts, threats of acts, or coercive tactics. It can also include humiliating the victim, controlling what the victim can do and cannot do, withholding information from the victim, deliberately doing something to make the victim feel diminished or embarrassed, isolating the victim from friends and family, and denying the victim access to money or other basic resources. Stalking is also a form of emotional abuse.Stalking


Stalking is one person’s harassing, obsessive, or threatening behavior toward another person. As judged by a reasonable person, any repetitive, unwanted contact (including electronic communication) between a stalker and a victim or any behavior that threatens or places fear in that person constitutes stalking. See complete stalking policy for more information.

Additional Applicable Definitions/Clarifications:

Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create clear mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity.

  • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
  • Previous relationships or prior consent cannot imply consent to future sexual acts.
  • In order to give consent, one must be of legal age (18).
  • Physical resistance (e.g., pushing someone away) is a clear demonstration of non-consent. The lack of physical resistance does not imply the individual consented to the sexual activity or event.
  • In some instances, because of a person’s power/authority, or the perception thereof, one individual may not be able to give consent to a given sexual encounter. For example, one individual who supervises another may not be able to obtain consent in an intimate encounter because the other person fears they might lose their job or status if they object to some or all aspects of the encounter. Power and authority may arise from a variety of areas including one’s size, strength or reputation within the College.

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (i.e., to understand the “who, what, when, where, why or how” of their sexual interaction).

  • Sexual activity with someone who one should know to be—or based on the circumstances should reasonably have known to be—mentally or physically incapacitated (e.g., by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.
  • This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, is prohibited, and administering one of these drugs to another student is a violation of this policy.

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.

Coercion refers to intimidation that would compel an individual to do something against their will by the use of psychological pressure, physical force, or threats of severely damaging consequences. Coercion is more than an effort to persuade or attract another person to engage in sexual activity. Coercive behavior differs from seductive behavior based on the degree and type of pressure someone uses to get consent from another.

Use of alcohol or other drugs will never function as a defense to a violation of this policy.

The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy.

Reporting Options and Confidentiality of Information

Gustavus takes all reports seriously and will work to investigate and resolve them in a prompt, thorough, and impartial manner. The College recognizes that if it knows or reasonably should know about sexual misconduct that creates a hostile environment, its legal and moral obligation is to eliminate it, prevent its recurrence, and address its effects on both direct and indirect victims.

The College encourages the prompt reporting of any allegation of sexual misconduct. Prompt notice and the preservation of evidence make it easier to investigate and respond appropriately to the situation. As time passes, evidence and witnesses may become unavailable and Respondents may leave Gustavus, making it impractical for the College to conduct an effective and equitable response and resolution process. While the passage of time can make these processes more challenging, Gustavus encourages reporting at any time and does not impose a statute of limitations on notice. Gustavus can investigate and adjudicate allegations against any individual who is a student at the time of the report.

Gustavus will accept anonymous reports of conduct alleged to violate this Policy. The individual making the report is encouraged to provide as much detailed information as possible to allow the College to investigate and respond as appropriate. The reporter should recognize that the College may be limited in its ability to investigate an anonymous report.

Students who wish to report or discuss sexual misconduct incidents should be aware that employees on campus have different reporting responsibilities and different abilities to maintain confidentiality or privacy depending on their roles at the College.

There are three options to seek support and/or to make a report. Depending on the desired outcome, a student may choose one of the following options:

  • Seek support from those who can maintain confidentiality
  • Seek support from those who can maintain privacy, but not complete confidentiality
  • Make a formal report to the College (the College will act)


Support for Those Who Want Confidentiality:

A student who desires that details of an incident be kept confidential should speak with any of the following individuals:

  • Advocates with the Gustavus Sexual Assault Response Team (SART/CADA), 507-933-6868
  • Counselors with the Gustavus Counseling Center, 507-933-7027
  • Health professionals with the Gustavus Health Service, 507-933-7630
  • Campus Chaplains, 507-933-7446
  • Off-campus rape crisis resources who can maintain confidentiality, 800-630-1425

These employees do not have a responsibility to report identifying information, but do contribute to College statistical reporting requirements.

Counselors from the Gustavus Counseling Center are available to students free of charge, and can be seen on an emergency basis during normal business hours (Monday–Friday, 8 a.m.–4:45 p.m.). SART/CADA representatives are available during normal business hours and after hours by calling 507-933-6868.

Support for Those Who Want to Make a Report to the College (the College will act):

A student who wishes that a complaint or concern regarding sexual misconduct be investigated should make a report to the Title IX Coordinator (507-933-6360). If a student wants to make a report after normal business hours they should call Campus Safety 507-933-8888 and ask to speak to the “Dean-on-Call.”

The Title IX Coordinator is Patty Dawson. Deputy Coordinators are Julie Bartley, Associate Provost and Tommy Valentini, Athletics.

An incident of sexual misconduct may also be reported to other College officials. These officials include the President, Vice Presidents, all faculty, all administrators, all staff, all coaches, Campus Safety employees, and Human Resources employees. The College considers these people to be mandated reporters. Collegiate Fellows, Peer Assistants, and Gustie Greeters also fall into this category.

As mandated reporters, once they have knowledge of an incident of sexual misconduct, they are required to take action by immediately referring the incident to the Title IX Coordinator. These mandated reporters have to share the student’s personally identifiable information with the Title IX Coordinator but the reported information will only be provided to people who need to know in order to investigate and adjudicate the incident, including investigators, witnesses, and the accused individual.

When certain crimes, as defined by the Clery Act, are reported on campus, Campus Safety will issue a timely warning (Crime Alert) to the campus. The criteria for the issuance of timely warnings would include crimes that are considered to represent a serious and/or continuing threat to students and employees. In addition, a daily crime log listing all crimes reported to Campus Safety is maintained in the Campus Safety Office and on their website.

The College will make resources pertaining to Sexual Misconduct widely available to students. These resources will include information on how to contact the Sexual Assault Response Team, on-campus Counseling and Health Services, as well as information on making a formal report to the College and on contacting the police.

Other Reporting Options—Law Enforcement and Office for Civil Rights:

Sexual misconduct incidents may always be reported to the Saint Peter Police Department by the victim. The College reserves the right in certain circumstances to report the incident to the Saint Peter Police Department.

Individuals with complaints of sexual harassment or sexual misconduct also have the right to file a formal complaint with the United States Department of Education, Office for Civil Rights (OCR). Discrimination based on sex is prohibited by Title IX of the Education Amendment of 1972 and is enforced by OCR. A complaint of discrimination can be filed by anyone who believes that an education institution that receives Federal financial assistance has discriminated against someone on the basis of sex, as well as other categories such as race, color, national origin, disability, or age. The person or organization filing the complaint need not be a victim of the alleged discrimination, but may complain on behalf of another person or group. Generally, a complaint must be filed with OCR within 180 calendar days of the last act that the Complainant believes was discriminatory. More information can be obtained regarding filing a complaint with OCR.

Amnesty Related to Other Policy Violations

The College community encourages the reporting of conduct code violations and crimes by victims and witnesses and depends on the honesty of all involved in the case for adequate investigation. Sometimes, parties are hesitant to report to College officials or participate in grievance processes because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to College officials, and that all parties in the process share what they know. To encourage transparency, the College offers parties immunity from policy violations related to the reported incident. While serious violations cannot be overlooked, the College reserves the right to waive lesser charges (such as violations of the alcohol policy) in cases that involve sexual misconduct.


Procedure for Sexual Misconduct Complaints Against Students

Students and employees who wish to bring a sexual misconduct grievance against a student or students should follow the procedure outlined below to report concerns and initiate a formal grievance. This policy outlines procedures for sexual misconduct grievances; all other grievances brought by students or by employees against students will be addressed through student conduct procedures articulated in the Gustavus Guide.

Notice of Complaint

Notice of a formal complaint can be made orally, in writing, or in person to the Title IX Coordinator.

The filing of a complaint of sexual misconduct under this Policy is independent of any criminal investigation or proceeding, and the College may not wait for the conclusion of any criminal proceedings to commence its own investigation and take interim measures to protect the Complainant and the College community. 

Intake Meeting with Individual Bringing Forth Complaint (Complainant)

Upon receipt of the complaint orally or in writing, the Title IX Coordinator or their designee, will meet with the Complainant to discuss the Sexual Misconduct Policy, procedures, and Complainant’s rights and available resources. Charges will be established.

Accommodations and Interim Measures

The College will take whatever measures it deems appropriate and necessary in response to an allegation of Sexual Misconduct in order to protect students’ rights and personal safety. Resources and accommodations offered for a Complainant include, but are not limited to, a Sexual Assault Response Team advocate, counseling services, disability related accommodations, academic assistance, changes in academic, co-curricular, living, dining, transportation, or employment situation, health services, referral to legal assistance, student financial aid services, or assistance in reporting any criminal activity to local law enforcement. The College will make these accommodations if they are requested and reasonably available, regardless of whether the victim reports a crime to law enforcement. Interim measures for a Respondent may include, but are not limited to alterations of privileges, modification of academic or living arrangements, and/or interim suspension from campus pending adjudication. Measures will be enacted in a way that minimizes the burden on the victim to the extent possible while balancing the rights of the accused.

Options for Resolution

Options range from not pursuing resolution of any kind to pursuing Formal Resolution. If the individual bringing forth the complaint elects to pursue a Formal Resolution, a formal notice will be sent to the accused student outlining the specific charges. If the individual requests that his or her name not be disclosed to the alleged perpetrator or that no investigation or disciplinary action be pursued to address the alleged sexual misconduct, the Dean of Students in consultation with the Title IX Coordinator and Deputy Coordinators will balance this request with the College’s commitment to providing a safe and non-discriminatory environment to all members of the College community. Though the College may elect to pursue a complaint when an individual does not wish to proceed, deference is generally given to the individual’s decision. In making this determination, this group considers factors including but not limited to: prior acts and/or threat of future acts by the accused, identification of a larger pattern of behavior, multiple perpetrators involved, use of a weapon during the incident, and the victim’s age at the time of the incident. 

Choosing not to pursue Formal Resolution at one point in time does not preclude the individual from choosing to pursue a Formal Resolution at a later date.

Mediation will not typically be used to resolve sexual misconduct complaints. In certain circumstances as allowable by law, alternative dispute resolution models can be utilized if requested by a Complainant and determined appropriate by the College.

Formal Resolution

Intake Meeting with Accused Individual (Respondent)

Following the intake meeting with the Complainant, the Title IX Coordinator will meet with the Respondent to review the allegations against them and discuss the Sexual Misconduct Policy, procedures, and Respondent’s rights and available resources. Resources and accommodations offered for a Respondent include, but are not limited to, an advisor for the conduct process, counseling services, disability related accommodations, academic assistance, changes in academic, co-curricular, living, dining, transportation, or employment situation, health services, referral to legal assistance, or student financial aid services.

When the individual bringing forth the complaint indicates a desire to pursue Formal Resolution, the Dean of Students or designee (hereto referred to as Dean of Students) will prepare and forward the complaint to a trained Investigator. The Investigator is a neutral fact-finder who will typically conduct interviews with the individual bringing forth the complaint, the accused student and any relevant third party witnesses (including expert witnesses, when needed and relevant) and gather evidence as he/she deems necessary to the case. Interviews will be audio-recorded by the Investigator. Character witnesses are not allowed in any part of the process since they are not relevant to the situation being investigated. Decisions about interviewees and collection and evaluation of information are at the discretion of the Investigator. The Investigator will complete an Investigative Report, which summarizes the interviews and any relevant evidence, and present this report to the Dean of Students and the Title IX Coordinator at the conclusion of the investigation. 

Upon receipt of the Investigative Report, the Dean of Students will contact the Complainant and Respondent to meet independently to present that report. The parties will have access to but not possession of the information. Each party will have five (5) business days from that communication to review and respond to the report, in writing, for consideration by the decision-making body.

The contents of the Investigative Report along with the written responses (if submitted) from both parties will be forwarded to a Sexual Misconduct Board to determine if it is more likely than not that the Student Sexual Misconduct Policy has been violated as alleged in the Complaint. Actual names will be redacted or replaced with pseudonyms in all written documents to protect the identities of parties and witnesses in the matter. Sexual Misconduct cases are considered by the Sexual Misconduct Board on the basis of this written information and are closed proceedings.

Upon review of the Investigation Report, the Board may, in their discretion, request additional investigation by the investigator. The standard of the evidence used in decision-making is a preponderance standard (“more likely than not”). If found responsible, appropriate sanction(s) will be assigned. Within two business days following a decision of the Board, the Dean of Students will draft a Notice of Determination and deliver the contents to both parties simultaneously.

Conduct Advisor and Support Person
Complainants, Respondents, or the victim, in the case where the victim was not the Complainant, have the option to have both one advisor and no more than two supportive resources present during any meeting connected with the case. These personnel can be recommended and provided by the College or a student can seek out his or her own from on or off campus. Students should notify the Dean of Students Office of intent to utilize an advisor or support person. The role of the advisor shall be limited to advising the Respondent or Complainant. The advisor may not appear in lieu of the Respondent or Complainant or speak on his/her behalf, nor may the advisor address the investigator(s) or adjudicator(s). The College will make reasonable attempts to include the advisor and support person(s) when scheduling meetings related to the case, and include options for attendance via conference call by telephone or computer. In order to keep the process timely, the College reserves the right to move forward in the process in the absence of a preferred advisor and/or support person if they are unavailable for an extended period of time. In this case, a proxy (chosen by the student) may be used.

Legal Counsel

Legal Counsel may serve as an advisor to either party. See above for a description of the role of and considerations for advisors in the process. Such counsel may not examine witnesses or otherwise directly participate on behalf of either party.

Past Sexual History

The past sexual history or sexual character of a person involved in the case will not be admissible in the investigation or adjudication unless such information is determined to be highly relevant by the Dean of Students, Title IX Coordinator, and the Investigator(s). All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by either party must be made in writing to the Title IX Coordinator prior to the close of evidence portion of the investigation. The request will be reviewed by the team mentioned above for potential inclusion in the investigation report.

While previous conduct violations by the accused student are not generally admissible as information about the present alleged violation, the above mentioned team may supply previous complaint information to the investigators or the sexual misconduct board, only if:

  1. The accused was previously found to be responsible, and
  2. The previous incident was substantially similar to the present allegation, and
  3. Information indicates a pattern of behavior and substantial conformity with that pattern by the accused student.

Nothing in this document shall preclude the Appropriate Student Conduct Authority from considering a Student’s previous behavior relevant to the current complaint when prescribing sanctions. 

Composition of the Sexual Misconduct Board

The Sexual Misconduct Board is composed of a standing group of students, faculty and staff appointed by the Dean of Students. The Dean of Students will ensure that all Board members receive annual sufficient and specialized training to carry out their duties on the Board. When convened for a decision, this Board will consist of at least one student, one staff, and one faculty member, unless otherwise determined by the Dean of Students. Proceedings will be conducted by officials who do not have a conflict of interest or bias for or against the accuser or accused. Parties will be informed in advance of the names of board members and have an opportunity to state a concern about conflict/bias and request removal of an adjudicator. This request will be reviewed by the Dean of Students and Title IX Coordinator who will make a decision whether or not it should be honored.

Sanction Statement

Any sanctions that are imposed will be:

  • reflective of the seriousness of gender-based misconduct;
  • adequate to protect the safety of the campus community and equitable access to education;
  • fair and appropriate given the facts of the particular case; and
  • consistent with the College’s handling of similar cases.

Sanctions will be determined by the college authority in accordance with the following factors:

  • the nature of the misconduct (sexual exploitation, contact, intercourse, stalking, intimate partner violence or harassment);
  • the severity of the incident;
  • the expressed wishes of the Complainant;
  • other previous violations of college policies;
  • the potential ongoing risk to the Complainant or campus community;
  • the impact of the violation on the campus community, its members, or its property;
  • any aggravating factors (overt bias, coercion, incapacitation, etc.);
  • any mitigating factors (disability or mental health diagnoses, actions taken to prevent reoccurrence, restorative actions, etc.); and
  • sanctions imposed in similar cases by the college.

Any student found responsible for violating the policy on sexual exploitation will likely receive a sanction ranging from admonition to expulsion.

Any student found responsible for violating the policy on non-consensual or forced sexual contact, will likely receive a sanction ranging from disciplinary probation to expulsion.

Any student found responsible for violating the policy on non-consensual or forced sexual intercourse will likely face a sanction of suspension or expulsion.

Any student found responsible for violating the policy on stalking or intimate partner violence will likely receive a sanction ranging from admonition to expulsion.

Any student found responsible for violating the policy on sexual harassment will likely receive a sanction ranging from disciplinary censure to expulsion.

The following is a visual display of the sanctions listed above.



Disciplinary Censure

Disciplinary Probation



Sexual Exploitation

 X X  X  X  X

Non-Consensual or Forced Sexual Contact

     X  X  X

Non-Consensual or Forced Sexual Intercourse

       X  X


 X  X  X  X  X

Intimate Partner Violence

 X  X  X  X  X

Sexual Harassment

   X  X  X  X

A complete list of potential sanctions may be found in the Student Conduct Code section of this Guide.

In most cases, sanctions are held in abeyance pending Appeal. Sanctions will be imposed unless appealed or removed by appellate decision. In cases where Suspension or Expulsion are sanctioned, an immediate restriction will be placed on the Respondent such that the student may only be on campus for class during the Appeals process. Specific restrictions will be communicated with each Respondent.


Complainants, Respondents, or the victim, in the case where the victim was not the Complainant, may file an appeal of the decisions made by the Sexual Misconduct Board according to the procedures listed in the “Appeals” section of the Student Conduct Code. The appeals committee or officer will render a written decision on the appeal request to all parties within a reasonable time frame after receipt of the appeal.

Notification of Outcome

Consistent with federal law, the College will disclose the “final results” of a sexual misconduct adjudication to the victim in writing. The College also reserves the right to disclose the “final results” of a disciplinary proceeding in which the institution determines that a student perpetrator has committed a crime of violence or nonforcible sex offense.

Timeframes for Process

The length of the investigation depends on the circumstances of each case, but the College will make every effort to complete an investigation in 45 calendar days. In typical cases, the timeframe for the complaint resolution process (starting with the filing of a formal complaint and ending with the notice of the Sexual Misconduct Board’s determination of whether a policy violation occurred), not including any appeals, will not exceed sixty (60) calendar days. In some circumstances—including, but not limited to, cases involving a parallel criminal process; cases involving multiple alleged policy violations, Complainants, and/or Respondents; and when the complaint resolution process has to accommodate periods of time when the college is not in session—the timeframe for the complaint resolution process will exceed sixty (60) calendar days. In these circumstances, the College will send written notification to both parties of the delay.


It is a violation of College policy to retaliate against any person making a complaint of Sexual Misconduct and/or against a person cooperating in the investigation of an allegation of (including testifying as a witness to) any allegation of Sexual Misconduct. For these purposes, “retaliation” includes intimidation, threats, harassment, and other adverse action threatened or taken against any such Complainant or third party. Retaliation should be reported promptly to the Title IX Coordinator and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations of Sexual Harassment or Sexual Misconduct.

Other Related Misconduct

In accordance with this policy, the Sexual Misconduct Board is empowered to hear allegations of, and to impose sanctions for, Sexual Misconduct and any violation of the College’s Statement of Student Responsibilities directly related to the alleged Sexual Misconduct or any alleged violations of this Policy. Charges from the same incident(s) of sexual harassment, if they accompany charges of sexual misconduct, may be investigated and adjudicated in the same Sexual Misconduct process.

Title IX Coordinator

For inquiries about this policy or other Title IX questions, contact Patty Dawson, Title IX Coordinator, at or 507-933-6360. 

The Title IX Coordinator is responsible for overseeing the College’s response to Title IX reports and complaints, identifying patterns of behavior related to the complaints and oversight of the policy, procedures and investigations. The Title IX Coordinator is also responsible for trainings provided to students, faculty and staff on Title IX reporting responsibilities. Questions or concerns relating to Title IX issues can be directed to the Title IX Coordinator.

The Student Sexual Misconduct Policy was adopted by the Board of Trustees May 20, 2012; Revised September 22, 2017.