DRAFT
MINNESOTA STATE

POLICY REVIEW AND COMMENT DOCUMENT
DATED 12/7/17
PROPOSED AMENDMENT TO POLICY 1B.3 SEXUAL VIOLENCE POLICY
CONTENT FORMAT:
Single underlining represents proposed new language.
Strikeouts represent existing language proposed to be eliminated.

1 1B.3 Sexual Violence Policy
2
3Part 1. Policy sStatement.
4Sexual violence is an intolerable intrusion into the most personal and private
5rights of an individual, and is prohibited at Minnesota State Colleges and
6Universities. Minnesota State Colleges and Universities is committed to
7eliminating sexual violence in all forms and will take appropriate remedial
8action against any individual found responsible for acts in violation of this
9policy. Acts of sexual violence may also constitute violations of criminal or
10civil law, or of other Board Policies that may require separate proceedings. To
11further its commitment against sexual violence, Minnesota State Colleges
12and Universities provides reporting options, an investigative and disciplinary
13process, and prevention training or other related services as appropriate.
14
15
Subpart A. Application of policy to students, employees, and
16
others.
17
This policy applies to all Minnesota State Colleges and Universities
18
students and employees and to others, as appropriate, where incidents of
19
sexual violence on system property have been reported. Reports of sexual
20
violence committed by a student at a location other than on system
21
property are covered by this policy pursuant to the factors listed in Board
22
Policy 3.6, Part 2. Reports of sexual violence committed by a system
23
employee at a location other than system property are covered by this
24
policy.
25
26
Reports of sexual violence committed on system property by individuals
27
who are not students or employees are subject to appropriate actions by
28
Minnesota State Colleges and Universities, including, but not limited to,
29
pursuing criminal or civil action against them.
30
31
Allegations of discrimination or harassment are governed by Board Policy
32
1B.1.
33
34
Subpart B. College and university policies.
35
Each Minnesota State Colleges and Universities college and university
36
shall adopt a clear, understandable written policy on sexual violence that
1

 DRAFT
37
applies to its campus community, including, but not limited to, its
38
students and employees. The policy content and implementation shall
39
must be consistent with the standards in this Ppolicy and System
40
Procedure 1B.3.1.
41
42
43
44Part 2. Definitions.
45
46The following definitions apply to this Policy policy and System Procedure
471B.3.1.
48
49
Subpart E. Affirmative Consentconsent.
50
Consent is informed, freely given, and mutually understood willingness to
51
participate in sexual activity that is expressed either by words or clear,
52
unambiguous action. It is the responsibility of the person who wants to
53
engage in sexual activity to ensure that the other person has consented
54
to engage in the sexual activity. Consent must be present throughout the
55
entire sexual activity and can be revoked at any time. If coercion,
56
intimidation, threats, and/or physical force are used, there is no consent. If
57
the complainant is mentally or physically incapacitated or impaired so
58
that the complainant cannot understand the fact, nature, or extent of the
59
sexual situation, there is no consent; this includes conditions due to
60
alcohol or drug consumption, or being asleep or unconscious. A lack of
61
protest, absence of resistance, or Ssilence does not necessarily constitute
62
consent, and past consent of sexual activities does not imply ongoing
63
future consent. The existence of a dating relationship between the people
64
involved or the existence of a past sexual relationship does not prove the
65
presence of, or otherwise provide the basis for, an assumption of consent.
66
Whether the respondent has taken advantage of a position of influence
67
over the complainant may be a factor in determining consent.
68
69
Subpart C. Dating and relationship violence.
70
Dating and relationship vViolence includinges physical harm or abuse, and
71
threats of physical harm or abuse, arising out of a personal intimate
72
relationship. This violence also may be called domestic abuse or
73
spousal/partner abuse and may be subject to criminal prosecution under
74
Minnesota state law.
75
76
Subpart H. Employee.
77
"Employee" means aAny individual employed by Minnesota State Colleges
78
and Universities, its colleges and universities and system office, including
79
student workers.
80
81
Subpart F. Non-forcible sex acts.
2

 DRAFT
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127

Non-forcible acts include unlawful sexual acts where consent is not
relevant, such as sexual contact with an individual under the statutory
age of consent, as defined by Minnesota law, or between persons who are
related to each other within degrees wherein marriage is prohibited by
law.
Subpart B. Sexual assault.
"Sexual assault" means an An actual, attempted, or threatened sexual act
with another person without that a person's affirmative consent. Sexual
assault is often a criminal act that can be prosecuted under Minnesota
law, as well as form the basis for discipline under Minnesota State
Colleges and Universities student codes of conduct codes and employee
disciplinary standards. Sexual assault includes but is not limited to:
1. Involvement without consent in any sexual act in which there is
force, expressed or implied, or use of duress or deception upon the
victim. Forced sexual intercourse is included in this definition, as are
the acts commonly referred to as "date rape" or "acquaintance
rape." This definition also includes the coercing, forcing, or
attempting to coerce or force sexual intercourse or a sexual act on
another.
2. Involvement in any sexual act when the victim is unable to give
consent.
3. Intentional and unwelcome touching, or coercing, forcing, or
attempting to coerce or force another to touch a person's intimate
parts (defined as primary genital area, groin, inner thigh, buttocks,
or breast). Intentional and unwelcome touching of a person’s
intimate parts (defined as primary genital area, groin, inner thigh,
buttocks, or breast); or coercing, forcing, or attempting to coerce or
force another to touch a person’s intimate parts.
4. Offensive sexual behavior that is directed at another, such as
indecent exposure or voyeurism.
Subpart A. Sexual violence.
Sexual violence includes a A continuum of conduct that includes sexual
assault, non-forcible sex acts, dating and relationship violence, stalking,
as well as aiding acts of sexual violence.
Subpart D. Stalking.
Stalking is cConduct directed at a specific person that is unwanted,
unwelcome, or unreciprocated and that would cause a reasonable person
to fear for her or his safety or the safety of others or to suffer substantial
emotional distress.
Subpart I. Student.
The term "student" includes aAll persons who:
3

 DRAFT
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142

1. Are enrolled in one or more courses, either credit or non-credit,
through a college or university; or
2. Withdraw, transfer, or graduate, after an alleged violation of the
code of student conduct code; or
3. Are not officially enrolled for a particular term but who have a
continuing relationship with the college or university; or
4. Have been notified of their acceptance for admission or have
initiated the process of application for admission or financial aid; or
5. Are not college or university employees and are not enrolled in the
institution but live in a college or university residence hall.
Subpart G. System property.
"System property" means tThe facilities and land owned, leased, or under
the primary control of Minnesota State Colleges and Universities, its Board
of Trustees, system office, colleges, and universities.
_____________________________________________________________________________
Related Documents
 System Procedure 1B.3.1 Sexual Violence Procedure
 Board Policy 1B.1 Nondiscrimination in Employment and Education
Opportunity
 Board Policy 3.6 Student Conduct (*see Part 2 for Off campus Conduct)
_____________________________________________________________________________
_
Policy History
Date of Adoption:
Date of Implementation:
Date of Last review:

4/21/04,
4/21/04,
x/xx/xx

Date & Subject of Revisions:
Xx/xx/xx – In the definition section, changed the word and definition of
consent to affirmative consent. Applied the new formatting and writing
styles to the entire policy.
11/21/13 – Added definitions of dating and relationship violence and
stalking to Part 2. This change was required under reauthorization of
the Violence Against Women Reauthorization Act.
11/16/11 - Amended Part 1 and Part 1A to clarify policy. Amended Part 2C
to further define consent. Amended Part 2G to reflect the definition of
"student" in other Board policies.
No additional HISTORY

4

 DRAFT