Gustie Guide 2018-2019

Dean of Students

COLLEGE SEXUAL MISCONDUCT AND SEXUAL HARASSMENT POLICY

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, examples of which can include: acts of sexual violence, sexual harassment, intimate partner violence (IPV), and stalking. 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. When an allegation of sexual misconduct or sexual harassment is brought to the Title IX Coordinator’s attention, and the accused is found to have violated this policy, sanctions will be used to reasonably ensure that such actions are not repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals who believe their rights have been violated.

Not all violations of the Sexual Harassment and Sexual Misconduct Policy (“Policy”) will be deemed equally serious offenses and the College reserves the right to impose sanctions accordingly. Any member of the community found responsible for violating this policy will be subject to disciplinary action, up to and including termination/dismissal. The College will consider the concerns and rights of both the person bringing forth the complaint and the accused. Gustavus Adolphus College does not discriminate on the basis of sex in its work place, education programs or activities and is required by Title IX not to discriminate.

Non-discrimination

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.

Under no circumstances may an applicant be denied admission or financial aid because of race, color, creed, religion, age, sex, sexual orientation, national origin, marital status, disability, veteran status, status with regard to public assistance or other categories protected by federal, state or local anti-discrimination laws. Financial aid administered by the College shall be disbursed on the basis of financial need and academic promise and/or academic ability.

Scope

This policy applies to all members of the College community, including but not limited to, students, faculty, staff, and Board of Trustee members, and covers prohibited conduct that occurs on campus or other College property, and conduct which occurs in connection with College programs or activities (whether on or off campus and whether online or via other electronic/social media). This policy may also apply to prohibited conduct that occurs off-campus, when the Title IX coordinator or deputy coordinator determines that the alleged conduct could reasonably create a hostile environment. In certain instances, this Policy applies to third parties, such as visitors, volunteers, vendors and contractors while on College property, participating in a College-sponsored activity, or providing or receiving services to or from the College, as well as applicants for admission to or employment with the College. The College's disciplinary response may be limited if the accused is a visitor or other third-party. 

Title IX Coordinator

The Title IX Coordinator is responsible for the administration of this Policy and oversees the College’s response to, and investigation and resolution of, all reports of prohibited conduct. Questions regarding this policy should be directed to the Title IX Coordinator. The Deputy Title IX Coordinators assist with case management, training, and prevention. Anyone wishing to make a report relating to an alleged violation of this policy may do so by reporting to the Title IX Coordinator. Additionally, individuals always have the right to file a formal grievance with the Office of Civil Rights.

Title IX Coordinator 

Patty Dawson
507-933-6360
pdawson@gustavus.edu

Deputy Coordinators

Julie Bartley
507-933-7541
jbartley@gustavus.edu

Tommy Valentini
507-933-6446
tvalentini@gustavus.edu

____________________

Department of Education
Office of Civil Rights
312-730-1560
OCR.Chicago@ed.gov

Consensual Relationships

In light of the power differential inherent in the relationship between faculty and students and between a supervisor and subordinate, and in light of the potential for either intentional or unintentional misuse of that professional power differential, College employees (faculty and staff) are prohibited from engaging in any dating, romantic, or sexual relationship with a currently enrolled Gustavus student. Similarly, consensual dating, romantic, or sexual relationships between College employees who are in a supervisory relationship are also prohibited. It should be noted that in such cases "consent" may not constitute a defense if a Title IX issue arose. Even if the prohibited relationship does not implicate a Title IX issue, the relationship itself may violate other College policies including, but not limited to, the College's Consensual Relationships Policy. Such relationships pose a risk of real or perceived favoritism among other potential issues.

Sexual Misconduct Offenses include, but are not limited to:

  • Sexual Harassment
  • Non-Consensual Sexual Contact
  • Non-Consensual Sexual Intercourse
  • Sexual Exploitation
  • Intimate Partner Violence
  • Stalking

Sexual Misconduct Offenses – Defined

Following is a list of definitions of each of the above-referenced sexual misconduct offenses, followed by a list of additional helpful definitions under this policy.

Sexual Harassment

In the employment context, sexual harassment is unwelcome sex- or gender-based verbal, written, visual, or physical conduct that denigrates or shows hostility or aversion toward an individual because of that person's protected status, and that (a) has the purpose or effect of creating an intimidating, hostile, or offensive work/academic environment; (b) has the purpose or effect of unreasonably interfering with an individual's work performance; or (c) otherwise adversely affects an individual's ability to perform their job. 

In the education context, sexual harassment of students can be a form of discrimination prohibited by Title IX. Sexual harassment is unwelcome, conduct of a sexual nature that is sufficiently severe, persistent, or pervasive that it interferes with, denies, or limits an individual’s ability to participate in or benefit from educational programs and activities.

Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment.

Quid Quo Pro Harassment exists when:

There are unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions adversely affecting such individual

Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational or employment progress, development, or performance. 

Hostile Environment

Hostile environment in the employment context includes any situation in which there is harassing conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment. Hostile environment in the education context includes any situation in which there is harassing conduct that limits, interferes with, or denies educational benefits or opportunities, from both a subjective (the complainant’s) and an objective (reasonable person’s) viewpoint.

Non-Consensual Sexual Contact

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 or coercion. 

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

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 that individual's own advantage or benefit, or to benefit or advantage anyone other than the individual being exploited, and that behavior does not otherwise constitute sexual assault.

Examples may include but are not limited to:

  • Intentional and repeated invasion of sexual privacy (e.g. walking into the other person’s room or private space)
  • Non-consensual video or audio-recording or electronically broadcasting of sexual activity
  • Intentionally allowing others to view/hear a sexual encounter without consent
  • Engaging in voyeurism
  • Exposing one’s genital or inducing another to expose his or her genitals
  • Prostituting another person

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, including casual or serious romantic involvements. 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 definition) 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 emotion abuse.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. (See complete Stalking Policy for more information).

Additional Applicable Definitions:

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.

Complainant

The person bringing forth a complaint. Can be the victim, a third party, or the College.

Confidential Resources

Employees that do not have a responsibility to report identifying information, but do contribute to College statistical reporting requirements (i.e. SART, Chaplains, Counselors, Health Service professional staff).

Consent

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 and 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 futures sexual acts. In order to give consent, one must be of legal age (18). Physical resistance is a clear demonstration of non-consent (e.g., pushing someone away). 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.

Force

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.

Incapacitation

An individual’s physical and/or mental inability to make informed, rational judgments that is known or reasonably should have been known to the individual initiating sexual contact. An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, or any other state where the individual is unaware that sexual contact is occurring. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact.

Regardless of their own level of intoxication, individuals who are initiating sexual contact are always responsible for obtaining consent before proceeding. Intoxication is never an excuse for or a defense to committing sexual assault or any other prohibited conduct. Use of drugs or alcohol does not diminish the responsibility to obtain consent. The issue is whether the individual initiating sexual contact knew, or a reasonable sober person in the position of the individual initiating sexual contact should have known, that the other person was incapacitated.

Alcohol or drug use is a common cause of incapacitation. The mere use of drugs or alcohol, or even intoxication from drugs or alcohol is not by itself proof of incapacitation. Where alcohol or drug use is involved, incapacitation is a state beyond intoxication, impairment in judgment, or drunkenness. Because the impact of alcohol or other drugs varies from person to person, evaluating whether an individual is incapacitated, and therefore unable to give consent, requires an assessment of whether the consumption of alcohol or other drugs has rendered the individual physically helpless or substantially incapable of:

  • Making decisions about the potential consequences of sexual contact;
  • Appraising the nature of one’s own conduct; or
  • Ability to communicate consent or lack of consent to engage in sexual contact.

There are common signs that should alert a reasonable sober person as to whether an individual might be incapacitated. Typical signs include but are not limited to slurred or incomprehensible speech, clumsiness, difficulty walking, combativeness, emotional volatility, vomiting, or incontinence. A person who is incapacitated may not be able to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know who I am?” If there is any doubt as to the level or extent of one’s own or the other individual’s intoxication or incapacitation, the safest course of action is to forgo or cease any sexual contact.

Mandated Reporter

All employees of the College are mandated reporters and are required to take action by immediately referring any potential/alleged Title IX violations to the Title IX Coordinator (excluding confidential resources). See Reporting Options below for more information.

Preponderance of the Evidence

The evidentiary standard used in adjudication to determine whether it is more likely than not that a policy violation occurred.

Respondent

The person alleged to have engaged in or committed the prohibited conduct.

Retaliation

Intimidation, threats, harassment and other adverse action threatened or taken against any individual because that individual asserted rights protected under Title IX or any individual cooperating (including Respondent or any witness) in the investigation or resolution of a complaint in any way.

Sex and Gender-Based Discrimination

Unfairly treating an individual or group of individuals differently than others on the basis of sex or gender. Sexual misconduct is a form of sex- and gender-based discrimination.

Sexual Assault

Non-consensual sexual contact, non-consensual sexual intercourse and all forms of sexual violence that occurs without consent. All such acts of sexual assault are sexual misconduct offenses under this policy. 

Reporting Options

Gustavus Adolphus College 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.

Regardless of whether any legal time limits have run, the College does not impose a time limit for reporting an incident of Sexual Misconduct. However, individuals are strongly encouraged to report the incident as soon as possible in order to maximize the College’s ability to respond promptly and effectively. The College does not impose a statute of limitations for reporting and will investigate and adjudicate allegations against any individual who is a member of the community at the time of the report. Individuals who experience Sexual Misconduct are encouraged to report the incident to law enforcement. The reporting of a violation of 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 College community. 

Individuals that desire the details of the incident be kept confidential should contact any of the following confidential resources:

  • Advocates with the Gustavus Sexual Assault Response team (SART/CADA)
    507-933-6868
  • Counselors with the Gustavus Counseling Center
    507-933-7027 (students only)
  • Health professionals with the Gustavus Health Service
    507-933-7630
  • Campus Chaplains
    507-933-7446
  • Committee Against Domestic Abuse (CADA)
    800-630-1425

An individual who wishes that a complaint or concern regarding sexual misconduct be investigated by the College should make a direct report to the Title IX Coordinator, Patty Dawson, phone 507-933-6360, email pdawson@gustavus.edu.

Reports of incidents of sexual misconduct can also be made to other College employees. Gustavus Adolphus College employees are mandated reporters and are required to share all details known about any alleged violation of this policy with the Title IX Coordinator upon notice of the incident. Mandated reporters must report;

  • Incidents personally observed;
  • Incidents that are reported to the mandated reporter; and
  • Incidents of which the mandated reporter otherwise becomes aware

Information will be kept private and only shared with individuals that need to know in order to investigate and adjudicate the incident, including investigators, witnesses and the accused individual. In some instances, individuals may request that their name not be shared with the Respondent or that no formal action be taken. The Title IX Coordinator will take this information to the Title IX team and balance the request with the College’s obligation to provide a safe and non-discriminatory environment to the campus community and the Complainant. If the College is not able to honor the Complainants request, the Title IX Coordinator will notify the Complainant prior to starting the formal investigation process. The Complainant may choose to not participate in the investigation but, in those cases, the College’s ability to pursue disciplinary action may be limited.

The College 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. Mandated reporters cannot remain anonymous when filing a report nor can they protect the identity of their source/victim. The Title IX Coordinator will receive all anonymous reports and meet with the Title IX team to determine the best way to respond.

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 the community.

Individuals also have the right to file a formal complaint with the United States Department of Education, Office for Civil Rights, 500 West Madison St., Suite 1475 Chicago, IL 60661-4544; 312-730-1560; OCR.Chicago@ed.gov. Individuals should consult with the Office for Civil Rights as to any time limits that may apply to file a formal complaint

Amnesty

The College community encourages the reporting of conduct code violations and crimes by victims and witnesses. The integrity of the process is dependent upon 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, that may have been occurring 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 involved with the alleged incident 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

Students and employees who wish to bring a sexual misconduct grievance forward should follow the procedure outlined below. This policy outlines the procedures associated with sexual misconduct grievances.

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.

Upon receipt of the complaint, the Title IX Coordinator (or their designee) will meet with the Complainant to discuss the policy, procedures, the Complainant's rights and available resources. Based on the policy, charges will be established by the Title IX Coordinator. 

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 the Title IX Coordinator will meet with the Respondent to review the allegations against him or her and discuss the policy, procedures, and the Respondents rights and available resources. 

In certain circumstances the College may place a student or employee on interim suspension. Pending the resolution of the incident, individuals may be denied access to campus, campus facilities and/or all College activities or privileges. Both parties will receive written notification of the charges. 

The Title IX Coordinator will notify the Complainant and the Respondent, in writing, of the commencement of an investigation. Such notice will include at least the following:

  • The identity of the Complainant and the Respondent;
  • The date, time (if known), location, and nature of the alleged Prohibited Conduct;
  • The type(s) of Prohibited Conduct alleged to have occurred;
  • The identity of the investigator
  • An explanation of the prohibition against retaliation;
  • Instructions to the parties to preserve any potentially relevant evidence in any format;
  • A link to a copy of the Policy and this procedure.
Students

In cases of emergency, where the wellbeing of students or the College may be endangered, or in cases where the Respondent demonstrates a pattern of disruptive behavior, the Dean of Students and/or Title IX Coordinator may take appropriate interim measures including but not limited to alteration of privileges, temporary removal of the Respondent from College housing, and/or temporary suspension of the Respondent pending campus disciplinary proceedings. Such a temporary suspension becomes effective immediately without prior notice; however, a student suspended on a temporary basis shall be given an opportunity to appear personally before the Dean of Students within five (5) business Days from the effective date of the temporary suspension in order to discuss the following issues only:

  • The reliability of the information concerning the Student’s conduct.
  • Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the Student on the College campus poses a substantial threat to self and others or the stability and continuance of normal College functions.
Employees

The Title IX Coordinator may request that an employee be suspended or assigned other duties pending the outcome of the investigation. Such requests shall be made to the Provost and Dean of Faculty for faculty members or Associate Vice President of Human Resources for all other employees of the College and proceed in accordance with the appropriate policies and procedures. 

Informal Resolution Process

If the Complainant and Respondent agree, certain cases may be resolved informally, including in appropriate cases, through mediation. Cases involving allegations of non-consensual sexual contact or non-consensual sexual intercourse are not suitable for mediation. Cases involving a student complaint of Sexual Harassment made against an employee are not suitable for the informal resolution process.

The Title IX team will determine if the case is appropriate for the informal resolution process based on the facts and circumstances of the particular case. Under no circumstances will a Complainant be asked to resolve a matter directly with the Respondent. 

Rights of the Parties

This Policy and the procedures described herein provide for the prompt, equitable, and impartial investigation and resolution of incidents of Sexual Misconduct reported to the College. Throughout this process, the Complainant and Respondent have the following rights:

Rights of the Complainant

  • The right to be treated with dignity and respect by College employees.
  • The right to experience a safe living, educational, and/or work environment.
  • The right to be informed of available on- and off-campus counseling and support services.
  • The right to reasonable working, housing, and academic accommodations as necessary.
  • The right to have an advisor of one’s choice present at any meeting or proceeding held as part of the process to resolve a complaint of prohibited conduct (see Conduct Advisor and Support Person).
  • The right to coverage under the College's amnesty policy, which means that students who report alleged misconduct or other Title IX incident under this policy will not be disciplined for drug or alcohol use associated with the incident.
  • The right to be free from retaliation.
  • The right to have complaints investigated and/or resolved in substantial accordance with these procedures.
  • The right to refuse to have a complaint resolved through Informal Resolution.
  • The right to challenge an individual designated by the College to investigate and/or resolve the complaint based upon a conflict of interest.
  • The right to have a complaint adjudicated by individuals who receive annual training on Sexual Misconduct.
  • The right to be promptly notified in writing of the outcome of a complaint. The College will comply with all disclosure requirements under the Violence Against Women Act, or other applicable law, including but not limited to providing access to information that will be used during informal and formal disciplinary meetings and hearings for cases of alleged dating violence, domestic violence, sexual assault, or stalking. 
  • The right not to be discouraged by College officials from reporting an incident to law enforcement.
  • The right to request a “no contact” order/directive be put in place and enforced even while a complaint is still under investigation.
  • The right to review all evidence and witness statements collected as part of the investigation of a complaint.
  • The right to be free from direct questioning by the Respondent during any part of the resolution process.
  • The right to review the Investigative Report as described in this Policy.
  • The right to respond in writing to the Investigative report.
  • The right not to have irrelevant prior sexual history discussed during the investigation and resolution process.
  • The right to submit an impact statement and have that statement considered in determining sanction if Respondent is found in violation of policy(s).
  • The right to appeal the board's determination and/or sanctions imposed upon the Respondent.
  • The right to meet with the Title IX Coordinator at any point in the process.

Rights of the Respondent

  • The right to be treated with dignity and respect by College officials.
  • The right to be presumed not responsible for violating the Policy and for an outcome based solely on the evidence presented during the investigation and resolution of a complaint.
  • The right to be informed of available on- and off-campus counseling and support services.
  • The right to a written summary of the allegations, the range of potential Policy violations (as known based on the initial allegations), and the range of potential disciplinary sanctions.
  • The right to have an advisor of one’s choice present at any meeting or proceeding as part of the process to resolve a complaint (see Conduct Advisor and Support Person).
  • The right to have complaints investigated and/or resolved in substantial accordance with these procedures.
  • The right to refuse to have a complaint resolved through Informal Resolution.
  • The right to be free from retaliation and/or harassment within the College’s scope of control.
  • The right to a prompt, fair, and impartial investigation and resolution of all complaints.
  • The right to be free from direct questioning by the Complainant during any part of the resolution process.
  • The right to review the Investigative Report as described in this Policy.
  • The right to respond in writing to the Investigative report.
  • The right not to have irrelevant prior sexual history discussed during the investigation and resolution process.
  • The right to be promptly notified in writing of the outcome of a complaint. The College will comply with all disclosure requirements under the Violence Against Women Act, or other applicable law, including but not limited to providing access to information that will be used during informal and formal disciplinary meetings and hearings for cases of alleged dating violence, domestic violence, sexual assault, or stalking. 
  • The right to submit a mitigation statement and to have that statement considered in determining sanction if found in violation of the policy(s).
  • The right to challenge an individual designated by the College to investigate and/or resolve the complaint based on conflict of interest.
  • The right to promptly notified in writing of the outcome of the complaint. The College will comply with all disclosure requirements under the Violence Against Women Act, or other applicable law, including but not limited to providing access to information that will be used during informal and formal disciplinary meetings and hearings for cases of alleged dating violence, domestic violence, sexual assault, or stalking. 
  • The right to have the complaint investigated by individuals who receive annual training on Sexual Misconduct, Relationship Violence, and Stalking.
  • The right to appeal the boards determination and/or sanctions imposed.
  • The right to meet with the Title IX Coordinator at any point during the process.

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. Individuals can be recommended and provided by the College or the complainant/respondent can seek out their own from on or off campus. 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 their 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 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 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 aforementioned individuals for potential inclusion in the investigation report.

While previous conduct violations by the accused individual are not generally admissible as information about the present alleged violation, the aforementioned individuals may supply previous complaint information to the Sexual Misconduct Board only if;

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

Investigation

When an investigation is initiated, the Title IX Coordinator will forward the case to the investigator. The investigator is a neutral fact finder who conducts interviews with the individual bringing forth the complaint, the accused individual and any relevant third-party witnesses (including expert witnesses, when needed and relevant) and gather evidence as they deem necessary to the case. Interviews may be audio-recorded by the investigator. Character witnesses will not be interviewed in any part of the process unless they are relevant to the situation being investigated. Decisions about interviewees, the collection and evaluation of information are at the discretion of the investigator. The investigation will be adequate, reliable and impartial. The investigator will complete an Investigative Report, which summarizes the interviews and any relevant evidence, and present this report to the Title IX Coordinator at the conclusion of the investigation. 

Upon receipt of the Investigative Report the Title IX Coordinator (or designee) will arrange for both parties to separately review the Investigative Report. To comply with privacy obligations, the parties will not receive a written or electronic copy of the report and may not photograph or copy the document. When a party is unable to review the Investigative Report in-person, at the Title IX Coordinators’ discretion, the party may be granted electronic access of the report in a redacted format.

The parties will have five (5) business days from the date of notice to review the Investigative Report and submit their response (if they choose to do so) to the Title IX Coordinator in writing. The response from both parties will be shared with the investigator for review and if there are significant additional investigative steps, the investigator may request additional time and both parties will be notified of the delay.

The Complainant may choose to submit an impact statement for consideration in determining sanction(s). The Respondent may choose to submit a mitigation statement and to have that statement considered in determining sanction(s). These statements will only be shared if the Respondent is found in violation of the policy. If the Respondent is not found in violation of the policy, the impact and/or mitigation statements will be destroyed and removed from any permanent record after any and all appeals have been concluded.

The contents of the Investigative Report and submission of responses (if submitted) by both parties will be forwarded to the Sexual Misconduct Board to determine if there is a violation of policy. Determination will be based on the preponderance of evidence standard, “more likely than not”. 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 a Sexual Misconduct Board on the basis of this written information and are closed proceedings.

Upon review of the Investigative Report, the Board may, at their discretion, request additional investigation by the investigator. If found responsible, based on the preponderance of evidence standard, appropriate sanctions will be assigned.

The Sexual Misconduct Board is a three-person board composed of a standing group of faculty and staff appointed by the Title IX Coordinator. The Title IX Coordinator will ensure that all Board members receive annual, sufficient and specialized training to carry out their duties on the Board. When convened for a hearing, this Board will consist of at least one faculty member and at least one staff member. Proceedings will be conducted by officials that do not have a conflict of interest or bias for or against the complainant or respondent. Both 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 a board member. The request will be reviewed by the Title IX Coordinator who will make a decision whether or not it should be honored. 

Sanction Statement

The imposition of sanctions is designed to eliminate prohibited conduct, prevent its recurrence, and remedy its effects, while supporting the College’s educational mission and legal obligations.

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 Sexual Misconduct Board 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.

Student Sanctions

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 chart below is a visual display of the sanctions listed above.

 

Admonition

Disciplinary Censure

Disciplinary Probation

Suspension

Expulsion

Sexual Exploitation

 X X  X  X  X

Non-Consensual or Forced Sexual Contact

     X  X  X

Non-Consensual or Forced Sexual Intercourse

       X  X

Stalking

 X  X  X  X  X

Intimate Partner Violence

 X  X  X  X  X

Sexual Harassment

   X  X  X  X

Faculty/Employee Sanctions

The College reserves the discretion to determine appropriate disciplinary sanctions. Appropriate sanctions for staff or faculty members deemed to have violated the Policy include, but are not limited to a disciplinary warning, unpaid suspensions, suspension of promotion and salary increments, loss of benefits, reduction in salary, suspension from service, suspension or withdrawal of privileges, demotion, termination of employment, and any other available sanctions.

Notice of Determination

Within two (2) business days following a decision of the Board, the Title IX Coordinator will draft a Notice of Determination and deliver the contents to both parties simultaneously.

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 may be placed on the Respondent.

Appeals

Complainants, Respondents, or the victim, in the case where the victim was not the Complainant, may file an appeal of the decision made by the Sexual Misconduct Board. The appellate authority will render a written decision on the appeal request to all parties within a reasonable time frame after receipt of the appeal.

Any sanctions imposed by the original hearing body in the matter are deferred pending the ruling of the appropriate appellate authority unless otherwise stated.

Appeals must be filed with the Title IX Coordinator within five (5) business days of receipt of the original written decision. (Receipt is defined as the day following the date of the decision letter.)

Appeal process application can be found online: https://cm.maxient.com/reportingform.php?GustavusAdolphusCollege&layout_id=2

Grounds for appeal must be clearly stated in the application and are limited to:

  1. Denial or irregularities of due process that had a material impact on the fairness of the complaint resolution process
  2. The sanction is substantially disproportionate to the charges and findings
  3. The introduction of previously unavailable relevant information that could significantly alter the original outcome.

Upon receipt of the appeal, the Title IX team shall review the claim and, if determined worthy of consideration, will forward the Appeal form with attachment(s) to the other party and/or original hearing body within three (3) Business Days. Those parties shall then have three (3) Business Days to provide a written response to the Title IX Coordinator for consideration by the appropriate appellate authority.

Appellate authorities shall begin consideration of appeals as soon as possible after their submission. Sexual Misconduct Board Appeals are considered by the College Sexual Misconduct Appeals Board on the basis of record and are closed proceedings.

New information not previously available may result in a remand of the matter to the original authority. The appellate authority may uphold the original decision, change the original ruling, or refer the matter to the authority of original jurisdiction with instruction.

Appellate authorities may, at their discretion, seek clarification from any parties involved in the matter under appeal.

Appeals are limited to review by one appellate authority except in decisions involving expulsion or termination from the College (see sections below).

College Appeals system decisions are final except in cases involving expulsion or termination from the College, which may be appealed to the President of the College.

If for any reason the Sexual Misconduct Appeals Board cannot be convened (e.g., summer, finals, etc.), the Associate Provost shall consider the appeal, rule upon its validity, and assign sanctions where appropriate. In cases of conflict of interest an alternative, trained Chair will be appointed.

The Sexual Misconduct Appeals Board shall be composed of an Associate Provost (or in cases of conflict of interest an alternative, trained Chair will be appointed), and two employees from the College. The Associate Provost convenes and chairs the Sexual Misconduct Appeals Board. 

Presidential Appeal (Expulsion or Termination only)

The President of the College or their designee considers Appeals from the College Appeals Board in decisions involving expulsion or termination from the College only. 

Appeals must be filed in writing with the Title IX Coordinator within five (5) business days of receipt of the College appeals system decision. (Receipt is defined as the day following the date of the College Appeals Board decision letter).

Appeals to the President will be considered on the basis of the record.

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 a timely manner. 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 may exceed sixty (60) calendar days. In these circumstances, the College will send written notification to both parties of the delay.

Other Related Misconduct

In the event of non-Title IX policy violations implicated either with the initial Complaint or identified throughout the course of the Title IX investigation conducted pursuant to this policy, the College retains the right to adjudicate all related claims under the same procedure outlined in this policy even for non-Title IX violations. Alternatively, the College may choose to separate the non-Title IX allegations and follow College procedure as appropriate for the subject matter of the non-Title IX allegations (which may be a different process depending on whether the involved parties are students or employees).

Retaliation

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.

For inquiries about this Policy or other Title IX questions, contact the Title IX Coordinator, Patty Dawson, at pdawson@gustavus.edu or 507-933-6360.

SEXUAL ASSAULT INFORMATION

Introduction

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 College 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.

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 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 College Sexual Misconduct Policy.

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.