Gustie Guide 2020-2021

Dean of Students

COLLEGE SEXUAL HARASSMENT AND SEXUAL MISCONDUCT POLICY, 2020-2021

I. Introduction

Members of Gustavus Adolphus College community (“Gustavus” or the “College”), guests and visitors have the right to be free from all forms of sex/gender harassment, discrimination and 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 will not tolerate any violation of this policy. This Policy outlines the College’s expectations to ensure a campus free from Sexual Misconduct, the steps for recourse for those individuals who have been subject to Sexual Misconduct, and the procedures for determining whether a violation of College Policy has occurred. 

This Policy applies to the following forms of sex discrimination, which are referred to collectively as “Sexual Misconduct”: Title IX Sexual Harassment, Non-Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and Sexual Exploitation. 

II. Non-Discrimination

In accordance with applicable federal and state laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, and the Americans with Disabilities Act and ADA Amendments, Gustavus does not discriminate on the basis of sex, race, color, national origin, religion, age, disability, gender identity, sexual orientation, marital status, familial status, pregnancy, citizenship, creed, genetic information, veteran status, status with regard to public assistance, or any other legally protected status in its education programs and activities, employment policies and practices, or any other areas of the College.

Within the limits of its facilities, the College shall be open to all applicants who are qualified according to its admission requirements. The College shall make clear to all applicants the characteristics and expectations of students that it considers relevant to its program. Financial aid administered by the College shall be disbursed on the basis of financial need and academic promise and/or academic ability.

Violations of this policy that fall within the scope of sexual harassment and misconduct will be adjudicated using the college sexual misconduct processes. Alleged violations of this policy not related to sexual harassment and misconduct that are committed:

by students will be adjudicated using the process identified in the Student Rights, Responsibilities and Conduct Procedures of the Gustie Guide;

by faculty will be adjudicated using the process identified in the Faculty Manual, 3.2.4 Grievance, Disciplinary, and Appeal Procedures; 

by non-faculty employees will be adjudicated using the Progressive Discipline Process found on the Human Resources webpage under the heading of Employee Policies. Contact Human Resources for a copy of this policy. 

Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, which provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The College is required by Title IX and its regulations not to engage in sex discrimination in its education program or activity, including admissions and employment. Sex discrimination is conduct based upon an individual’s sex that excludes an individual from participation in, denies the individual the benefits of, or treats the individual differently in, an education program or activity. Sexual Harassment is a form of sex discrimination. 

Gustavus strictly prohibits sexual discrimination and Sexual Misconduct in any form. The College will promptly and equitably respond to all reports of sexual discrimination and Sexual Misconduct. 

Questions or concerns about the application of Title IX, sex discrimination, Sexual Harassment, or other forms of Sexual Misconduct may be directed to the College’s Title IX Coordinator.

Julianne Watterson, Title IX Coordinator
Gustavus Adolphus College
Campus Center, 201A
800 W. College Ave
Saint Peter, MN 56082
507-933-6360
jwatter2@gustavus.edu

Questions or concerns may also be directed to the U.S. Department of Education’s Office for Civil Rights: 

The Office of Civil Rights
U.S. Department of Education
Citigroup Center
500 W. Madison Street, Suite 1475 
Chicago, IL 60661-4544
312-730-1560
TDD: 877-521-2172
OCR.chicago@ed.gov
http://www.ed.gov/ocr 

III. Scope

This policy applies to all members of the College community, including but not limited to, students, employees, faculty, staff, administrators, applicants for admission or employment, Board of Trustee members, and third parties such as volunteers, vendors, independent contractors, visitors, and any individuals and entities that do business with Gustavus or are regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity with Gustavus or on Gustavus property. This Policy may also apply to individuals who interact with College community members under certain circumstances. All Gustavus community members are required to follow College policies and local, state, and federal law.

This Policy applies to Sexual Misconduct committed by or against a Gustavus community member, including conduct occurring on campus or Gustavus property, conduct that occurs at Gustavus-sanctioned events or programs that take place off campus, such as study abroad and internships, and off campus conduct that may (1) have continuing adverse effects on campus, Gustavus property, or in a Gustavus program or activity, (2) substantially and unreasonably interfere with a community member’s employment, education or environment on campus, Gustavus property, or in a Gustavus program or activity, or (3) create a hostile environment for community members on campus, Gustavus property, or in a Gustavus program or activity.

This Policy applies to Sexual Misconduct within the scope of Title IX, as well as Sexual Misconduct committed by or against a College community member that does not fall within the scope of Title IX. More information about what Sexual Misconduct falls within the scope of Title IX is provided in the section VI. Prohibited Conduct below and more information about the process applicable to different types of Sexual Misconduct is provided in the section X. General Provisions for Complaint Resolution Process below. 

This Policy applies regardless of the sexual orientation or gender identity of any of the parties.

VIEW THE FULL POLICY