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Sexual Harassment and Violence Policy
Sexual harassment and violence are impermissible behaviors which have no place in a learning or work environment and shall not be tolerated.
Part 1. Definition:
Subpart A. Sexual Harassment
A form of sex discrimination which is prohibited by state and federal law. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education, evaluation of a student’s academic performance, or term or condition of participation in student activities or in other events or activities sanctioned by the college or university; or
- Submission to such rejection of such conduct by an individual is used as the basis for employment or academic decisions or other decisions about participation in student activities or other events or activities sanctioned by the college or university; or
- Such conduct has the purpose or effect of threatening an individual’s employment; interfering with an individual’s work or academic performance; or creating an intimidating, hostile, or offensive work or education environment. Sexual harassment may occur in a variety of relationships, including faculty and student, supervisor and employee, student to student, employee to employee, and other various others. Sexual harassment may occur when it is directed at members of the opposite gender or when it is directed at members of the same gender. It includes but is not limited to:
- unwelcome verbal harassment or abuse;
- unwelcome pressure for sexual activity;
- unwelcome sexuality motivated, or inappropriate patting, pinching or any contact, other than necessary restraint of student(s) by faculty, administrators, or other institution personnel to avoid physical harm to persons or property;
- unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or over promises of preferential treatment with regard to an individual’s employment or educational status;
- unwelcome behavior or words directed at an individual because of gender.
Subpart B. Sexual Violence
Acts of sexual violence are criminal behaviors and create an environment contrary to the goals and missions of the system and colleges and universities. Acts of sexual violence include:
- Forcible acts, which include non-consensual sexual contact, and sexual contact in which the victim is incapable of giving consent (such as when the complainant is under the influence of alcohol or drugs).
- Non-forcible sex acts such as incest and statutory rape.
- The threat of an act of sexual violence. Sexual violence may include, but is not limited to: touching, patting, grabbing, or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex coercing, forcing, or attempting to coerce or force the touching of anyone’s intimate parts coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another.
Subpart C. Sexual Harassment and Violence as Sexual Abuse
Under certain circumstances, sexual harassment or violence may constitute sexual abuse according to Minnesota law. In such situations, the system office and colleges and universities shall comply with the reporting requirements in M.S. Section 626.556 (Vulnerable Adult Protection Act). Nothing in this policy will prohibit the system office or any college or university from taking immediate action to protect victims of alleged sexual abuse.