Sexual Assault and Sexual Harassment Policy
IV. Internal Complaint Process for Complaints of Sexual Assault or Sexual Harassment
I. Policy Statement
St. Olaf College is committed to a safe and healthy environment and as such will not tolerate sexual assault and sexual harassment in any form. Sexual assault is a crime and sexual harassment is a violation of federal and state laws and both are violations of individual rights and dignity. Sexual assault and sexual harassment are not only acts of disrespect, violence, aggression or coercion against an individual, but also are attacks on our College community.
Sexual harassment and sexual assault committed in connection with any College program, whether on or off campus, is prohibited and will not be tolerated. This applies to academic, educational, extra-curricular, athletic, residential and other College programs.
St. Olaf College encourages victims to report sexual assault and harassment incidents to appropriate College authorities as described in part IV of this policy. Perpetrators of sexual assault or harassment will be subject to strict disciplinary action by the College, up to and including suspension, expulsion, discipline, or termination of employment. Retaliation against an individual who brings a complaint, participates in an investigation of sexual assault or harassment or pursues legal action is prohibited and will not be tolerated.
Consensual Relations
Students, faculty and staff members should understand that apparently "consensual sexual relationships," particularly those among persons of unequal status, may be or become a violation of this policy. Anyone who engages in a sexual relationship with a person over whom he or she has any degree of power or authority must understand that the validity of the consent involved can and may be questioned. For more information on consensual relationships, see the College's Consensual Relations policy.
II. Definitions
Sexual Assault
Sexual Assault under this policy is any sexual contact with another person who does not or cannot give consent. This may or may not include force. The use of alcohol or drugs does not diminish a person's responsibility for assaulting someone. Sexual Assault includes, but is not limited to:
Unwanted sex by acquaintance or stranger
Unwanted touching, fondling, grabbing
Use of coercion to cause submission
Consent
Consent is words or conduct indicating a freely given present agreement to perform a particular sexual act with the actor.
Consent can only be given or implied by someone who: acts freely, voluntarily, and with knowledge of the nature of the act involved.
Consent cannot be given if someone:
is incapacitated by drugs or alcohol
is coerced into submission
is not conscious
is physically incapacitated
is mentally incapacitated
Consent cannot be inferred from:
permission for one particular act
a prior sexual, romantic or marital relationship
an existing sexual, romantic or marital relationship
Complainant
The person filing a complaint with the College under the Sexual Assault and Sexual Harassment policy.
Respondent
The person named as the perpetrator in a complaint. The person responding to the complaint.
Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, instruction, or participation in other college activities, or
Submission to or rejection of such conduct by an individual is used as a basis for making academic or employment decisions affecting that individual, or
Such conduct has the purpose or effect of substantially interfering with an individual's performance by creating an intimidating or hostile educational or employment environment, or living environment in an educational setting.
Behavior may violate this policy when it does not rise to the level described in the above definition, but if repeated or continued, could do so.
Sexual harassment may include, but is not limited to:
Unwelcome or repeated sexual advances
Offensive, disparaging remarks about one's gender, marital status, sexual orientation, or appearance
Jokes about gender-specific traits
Remarks about one's physical appearance that imply sexual interest
Subtle pressure for sexual activity, including sexual propositions
Unnecessary brushes or touches, including pinching, patting, or grabbing
Displayed offensive sexual graffiti, gestures, cartoons, or pornography
Sexual innuendoes or obscene gestures
Communications (oral, written or pictorial) with sexual overtones. This includes hardcopy, email, and internet.
Sexually offensive remarks disguised as humor
Unwanted gifts, staring, leering, or unwanted attention.
Sexual harassment can involve:
Student and student;
Teacher and student;
Teacher and teacher;
Supervisor and employee;
Co-workers who are equal in status;
Co-workers when one of the individuals is in a position of professional judgment over another;
A college employee or student and a contractor, consultant, vendor, visitor, or third party who deals with the employee or student in connection with college business or activities.
Sexual harassment can be committed by current or former friends and/or acquaintances and can be committed by a male or female against a person of the same or opposite sex.
III. Support Services
Students who feel they have been the victim of any form of sexual misconduct may wish to seek confidential counseling or support from the following resources. If you are unsure as to where to go or what to do first contact a SARN advocate at x3777.
On Campus Confidential Resources
Sexual Assault Resource Network (SARN): x3777 or x3062
Pastors Office: x3092
Counseling Center: x3062
Student Health Services: x3064
On Campus Resources (Non-Confidential)
Dean of Students Office: x3615
Area Coordinator: x3011
Junior Counselors or Resident Assistants: x3011
Public Safety: x3770 or x3666 (24 hour dispatch-emergency)
Off Campus in Northfield Community Confidential Resources
Northfield Hospital: 646-1000
WomenSafe Center: 1-800-607-2330
Confidential resources will not file a report for investigation. Other resources are required to follow up if the identity of the alleged assailant is known or can be determined, but will do so with respect for the privacy of those allegedly involved in the incident.
IV. Internal Complaint Process for Complaints of Sexual Assault or Sexual Harassment
1. Complaints of sexual assault or sexual harassment may be made by students, faculty members or staff members to the Dean of Students, the President, a Vice President, a Dean, the Human Resources Office, Residence Life, or the Public Safety Office.
If a complaint is made to anyone else, the complainant risks the possibility that it will not come to the attention of the proper college officials and may, therefore, not be acted upon.
Again, confidential resources are members of the Counseling Center, Pastors Office, and Health Services. All other employees are not confidential resources.
2. Complaints of sexual assault or sexual harassment committed by a student, faculty member or staff member against any student, faculty member or staff will be investigated promptly.
In general, investigations will be done by a designee from the Dean of Students' office if the respondent is a student, and by a representative of Human Resources if the respondent is a faculty member or staff member.
3. The person investigating the complaint of sexual assault or sexual harassment will prepare a written fact-finding report in consultation with the Responsible College Authority. The Responsible College Authority will then determine whether sexual assault or sexual harassment has occurred which violates this policy, and, if so, the disciplinary or other action that is appropriate.
If the respondent is a student, the investigation generally shall include, at a minimum, separate interviews of the complainant and the respondent. The complainant student and the respondent student will be permitted to have their attorney or other support person present during their own interview. The designee also shall gather and review other evidence as deemed necessary. The Responsible College Authority shall base its decision on the available evidence including the fact-finding report and the information gathered by the designee in the investigation. The Responsible College Authority may, in his or her discretion, conduct additional investigation or institute disciplinary hearing proceedings in addition to the investigation. If a hearing is held, normal College hearing procedures shall be followed. The complainant student and the respondent student will be permitted to have their attorneys or other support person present during any campus hearing.
If the respondent is an employee, the matter will be handled in a manner consistent with the employee handbook, the faculty handbook, and the faculty manual.
4. A complaint of sexual assault or sexual harassment will be resolved by:
A. a determination that the policy has been violated and imposition of appropriate disciplinary or other action; or
B. a determination that there was no violation of the policy or that a violation cannot be determined and dismissal of the complaint.
In some circumstances, the College Authority will not be able to determine whether the policy has been violated because of insufficient information.
5. In all cases where there is a finding of a violation of policy, the College will take prompt and appropriate action. Complainants and respondents in matters alleging sexual assault by a student will be notified as to the outcome of their Complaint.
In the case of a finding of harassment or assault by a student, disciplinary action may include, for example; suspension, expulsion, warning, reassignment to another residence hall, restriction from residence halls, and/or no contact with the complainant.
In the case of a staff member or a faculty member, the action(s) may include, but not be limited to, counseling, a warning, suspension, reassignment, demotion, or termination of employment.
V. Appeal Process for Student/Student Complaints
The complainant or respondent student shall have a right to an appeal of the decision or the sanctions imposed. The Appeal shall be conducted in accordance with the College's applicable appeal process.
Revised: 8/29/03
