Sexual Violence Resources

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Policy Regarding Sexual Assault Programs and Procedures

M State's policy on sexual abuse and harassment is governed by Minnesota State system Policy (1B.3). In support of the system policy, M State will not tolerate sexual abuse and harassment. Every effort will be made to assure that all members of the college community are provided an atmosphere free from sexual abuse and harassment, and educational efforts will be undertaken to inform employees and students of their responsibilities regarding such behavior, how to identify and eliminate potential sexual abuse and harassment and what steps can be taken in instances when sexual abuse and harassment are experienced.

M State conducts a number of programs designed at preventing sexual offenses and making the community aware of the potential of such crimes. These programs may include inspecting the campuses for potentially dangerous areas, including lighting and landscaping. In addition, educational programs concerning sexual assault are provided through various college offices (student life, residential life, counseling, etc.).

A guiding principle in the reporting of sexual assault is to avoid re-victimizing the sexual assault survivor by forcing the person into any plan of action. Sexual assault survivors may contact Student Development Services on any campus, Counseling (Fergus Falls and Moorhead) or community agencies for assistance.

Minnesota State Board Policy 1B.3 Sexual Violence Policy: http://mnscu.edu/board/policy/1b03.html


 

Reporting a Sexual Assault

In an emergency, dial 911 or 8-911 (if using a campus phone).

If you are a victim of a sexual assault and wish to speak to a "confidential employee," please contact one of the following M State counselors:

Maronda Robertson at maronda.robertson@minnesota.edu or 218.299.6618

Steve Lindgren at steve.lindgren@minnesota.edu or 218.736.1539

Tom Dubbels at tom.dubbels@minnesota.edu or 218.299.6516

Students or prospective students may contact one of the individuals below or submit a complaint online through Campus Eye:

Shawn Anderson, Dean of Student Success, 218.299.6535

Nancy South, Director of Student Development Services, Fergus Falls Campus, 218.736.1530

Employees or prospective employees may submit a complaint online through Campus Eye or contact:

Dacia Johnson, Human Resources Director, 218.136.1512

Campus Eye and Web-based reporting: Campus Eye is a mobile application that can be used by M State students, faculty and staff to report incidents of sexual violence to the appropriate M State authorities. You may also use a Web-based reporting form to report acts of sexual violence. Both the mobile application and Web-based form allow reports of sexual violence to be submitted anonymously.

Download the Campus Eye phone app for iPhone or Android. Please use sign-up code Y9HB.

The Federal Campus Sexual Assault Victims' Bill of Rights

  • Survivors shall be notified of their options to notify law enforcement.
  • Accuser and accused must have the same opportunity to have others present.
  • Both parties shall be informed of the outcome of any disciplinary proceeding.
  • Survivors shall be notified of counseling services.
  • Survivors shall be notified of options for changing academic and living situations.

The Campus Sexual Assault Victims' Bill of Rights was signed into law by President George Bush in July 1992. This law requires that all colleges and universities (both public and private) participating in federal student aid programs afford sexual assault victims certain basic rights. Schools found to have violated this law can be fined up to $35,000 or lose their eligibility to participate in federal student aid programs. Complaints about schools that have filed to comply with this law should be made to the U.S. Department of Education.

The Campus Sexual Assault Victims' Bill of Rights exists as a part of the campus security reporting requirements, commonly known as the Jeanne Clery Act.

If you wish to report a sexual assault on campus, contact the director of student development services and/or security as soon as possible after the offense. It is important to remember to preserve evidence.

Do not bathe, douche, use the toilet or change clothing. Note everything about the location. If you have been raped, you should seek medical attention immediately regardless of whether or not you report the matter to law enforcement.

A medical examination is important to check for sexually transmitted infections or other injuries or for pregnancy concerns. Physical evidence must be collected within 72 hours of the assault and only at a certified medical facility upon the request of a law enforcement agency.

M State makes every attempt to maintain the anonymity of a sexual assault survivor. Unless requested by the sexual assault survivor, the college will not release the survivors name to the media. Names and addresses of the survivor may be released to local law enforcement. Student Development Services will attempt to provide support and advice for survivors of sexual assault or connect the survivor with an appropriate community agency. Each report of sexual assault will be investigated in order to provide better protection to the survivor of a sexual assault and to the greater M State community. Sexual assault survivors should be aware of the need for the college to release information regarding the fact that an assault has occurred for the protection and safety of others.

Human Resources and the office of the Dean of Student Success will be the official record for reports of sexual assault. Students and employees are encouraged to contact either office with any information regarding assaults.

Sexual assault survivors have the right to have the reports made anonymously (third party) to local law enforcement. College personnel will assist the survivor in making this report if the survivor wishes. In these situations, the name of the complainant may not be forwarded, which could prevent law enforcement for actively investigating the criminal activity.

If it is determined that a threat continues to exist for the campus community, information about the reported sexual assault will be reported to the campus community whether reported by a sexual assault survivor or through a third-party report. As much detail as possible regarding location, date and time of the sexual assault and any information which might help identify the assailant will be reported. The campus community will be informed of the reported sexual assault via the college's email system.

Each report of sexual assault will be recorded as presented by the complainant. Appropriate criminal classifications will be determined after a review of all facts by law enforcement agencies.

M State will take appropriate action to safeguard the survivor and at the same time protect the rights of the alleged perpetrator. If the survivor of the sexual assault requests, the college will make changes in the survivor's academic situation, if reasonably available.

The college will typically not take any disciplinary action against a member of the college community without a written complaint and the assistance of the complainant in the disciplinary process, unless the college determines there is a clear and present danger to the victim or the college community.


 

Know Your Rights

Know your rights under Title IX and M State's Sexual Violence Policies

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to reports of sexual misconduct. M State fully abides by all state and federal laws, including Title IX and the Minnesota Human Rights Act.

If you or anyone you know has been the victim of sexual assault call someone you trust, one of M State's confidential resources or local law enforcement.

Definitions

Sexual Assault

Per Minnesota State Board Policy 1B.3 Sexual Violence Policy: Sexual assault is an actual, attempted or threatened sexual act with another person without that person's consent. Sexual assault is often a criminal act that can be prosecuted under state law, as well as form the basis for discipline under the Minnesota State system and/or M State student conduct code 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).

4. Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to all report of sexual misconduct.

Consent

Per Minnesota State Board Policy 1B.3 Sexual Violence Policy: Consent is informed, freely given and mutually understood. If coercion, intimidation, threats and or physical force are used, there is no consent. If someone is mentally or physically incapacitated or impaired (including from drug use or alcohol consumption) and doesn't understand the situation, there is no consent. Silence does not necessarily constitute consent.

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to all report of sexual misconduct.

Dating and Relationship Violence

Per Minnesota State Board Policy 1B.3 Sexual Violence Policy: Dating and Relationship Violence includes physical harm or abuse and threats of physical harm or abuse arising out of a personal, intimate relationship. It is also called domestic abuse or spousal/partner abuse, and it may be subject to criminal prosecution under state law.

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to all report of sexual misconduct.

Stalking

Per Minnesota State Board Policy 1B.3 Sexual Violence Policy: Stalking is conduct directed at a specific person that is unwanted, unwelcome or unreciprocated and that would cause a reasonable person to fear for his or her safety or to suffer substantial emotional distress.

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to all report of sexual misconduct.

Sexual Harassment

Per Minnesota State Board Policy sexual harassment is a form of sexual discrimination, which is prohibited by state and federal law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term of an individual's employment or education, evaluation of a student's academic performance, or term or condition of participation in a student activities or in other events or activities sanctioned by the college or university; or

2. Submission to or 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 sanctioned by the college or university; or

3. 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 educational environment.

M State is responsible for investigating allegations brought by students, faculty, and staff who believe they have been harassed or discriminated against because they are a member of a protected group under Minnesota State Board Policy 1B.1 Equal Opportunity and Nondiscrimination Policy and 1B.1 Procedure.

What can I do if I am the target of discrimination or harassment?

If you feel physically threatened, remove yourself from the situation and seek help immediately.

Detroit Lakes Campus - dial 911

Fergus Falls Campus - campus security 218.770.9861 or dial 911

Moorhead Campus - campus security 218.477.2449 or dial 911

Wadena Campus - dial 911

If the situation is not physically threatening, and you feel comfortable talking to the individual, tell them you're offended by the comment or behavior and ask them to stop.

If you're not comfortable talking directly to the individual, you can identify a third party whom you and the other individual mutually respect and ask for their assistance in helping the two of you talk through the behavior and why you found it offensive.

You should document incidents of discrimination and harassment immediately after the occur: who, when, where, what was said or done, and the names of any witnesses.


 

Procedures For Campus Disciplinary Action for Sex Offenses

The college disciplinary process is an option for any individual wishing to report a case of student misconduct, there is a separate process for reports of sexual assault. Both processes require a written complaint must be filed (by the complainant or third party) in order for M State to proceed with the student disciplinary process or investigation of a sexual assault. If the complaint is criminal in nature, it may also be forwarded to law enforcement.

There are standards of proof that must be met for the college process, those standards are different that the standards of proof that must be met for possible criminal action. The college process determines if the accused's status as a student will be altered, suspended or terminated; whereas the criminal process determines if there will limitations on the accused's liberty. As there are different standards and the purpose each proceeding is different, M State encourages students who are the victim of sexual assault to go forward with the College process.

Both the accuser and the accused are entitled to have others present (an advocate or advisor, not legal representation) during the investigation. This person may not speak on your behalf.

Both the accuser and accused have the right to provide the names of witnesses that may be helpful to the employee conducting the investigation.

Both the accuser and the accused will be notified when the investigation has concluded and an outcome has been determined. This information is not generally disclosed to the public.

Sanctions may include, but are not limited to: counseling, specific assessments, suspension or expulsion from the college, limited activity at the college, and referral to law enforcement agencies for prosecution of charges.

Information about level 3 offenders can be found at the Department of Corrections website: www.corr.state.mn.us/level3/level3.asp. Information about level 2 offenders can be obtained from local law enforcement.

Sexual Offender Levels

Level 1

Level one offenders are determined to be at a lower risk to re-offend. Police agencies may open a file on these offenders and may release information about the release of the offender to victims of, and witnesses to the crime, other law enforcement agencies, and anyone identified by the prosecuting attorney to receive the information.

Level 2

Level two offenders are determined to be at a moderate risk to re-offend. Police agencies may release information to anyone included in the Level One information release, and in addition may notify organizations about the offender's release. These organizations may include schools, daycare centers, and other organizations where individuals who may become victims of the offender are regularly found. Law enforcement will make the decision on which organizations to notify based on the offender's past pattern of behavior. Law enforcement officials may also choose to notify certain individuals that they determine to be at possibly risk from the offender, but this is not a wide spread community notification. Organizations notified about a Level Two offender are given this information to protect individuals in their care while they are on or near the premises of those organizations. The information is not to be re-distributed by those organizations that have been notified.

Level 3

Level three offenders have been determined to be at the highest risk for re-offense out of all of the three risk levels. Law enforcement may notify all individuals and agencies included in Level One and Level Two notifications, and may also distribute information about the offender to everyone else in the community. In addition, officials may use the media and other distribution methods to get this information to the public. According to law enforcement policy, enforcement officials hold public meetings in the areas where Level Three offenders reside. At those meetings, information about the notification process, about the registration of predatory offenders, and information about the general population of these offenders is distributed and discussed. In addition, information about a specific offender or offenders is released. The information includes a general area of residence, a description of the offender (with photograph), and a description of the pattern of behavior that this offender has been known to display in the past. This disclosure does not apply to offenders that are in licensed residential facilities where staff have been trained to manage sexual offenders (halfway houses), not does it apply to offenders in secure hospital facilities operated by the Department of Human Services (hospitals in Moose Lake and St. Peter, MN).


 

Agencies In Our Communities

Detroit Lakes:
Lakes Crisis & Resource Center (Becker County and White Earth Reservation)
PO Box 394
Detroit Lakes MN 56501
1-218-847-7446
1-877-754-9683
24 hour/7 days a week crisis line

DOVE (White Earth Reservation)
White Earth Reservation Tribal Council
Human Services Division
PO Box 418
White Earth MN 56591
1-218-983-4656 daytime office
1-877-830-3683 24 hour crisis line

Essentia Health St. Mary's - Detroit Lakes
1027 Washington Avenue
Detroit Lakes, MN 56501
218-847-5611

Fergus Falls:
Someplace Safe
106 South Union Avenue
Fergus Falls, MN 56538
(218) 739-2853

Sexual Violence Response Center
1-800-854-9001

Lake Region Healthcare
712 Cascade Street South
Fergus Falls, MN 56537
218-736-8000

Moorhead:
Rape and Abuse Crisis Center
317 8th St N, Fargo, ND 58102
www.raccfm.com

24 Hour Crisis Contact:
(701) 293-7273
1 (800) 344-7273

Essentia Health
3000 32nd Avenue S.
Fargo, ND 58103
701-364-8000

Sanford Health Emergency Center
720 4th Street N.
Fargo, ND 58103
701-234-2000

Wadena
Wadena County Crisis Program
206 1st Street SE, #2
Wadena, MN 56482
(218) 631-1127

Someplace Safe
318 Jefferson Street S.
Wadena, MN 56482
(218) 631-3311

Tri-County Health Care
415 Jefferson Street N.
Wadena, MN 56482
218-631-3510


 

Minnesota Sexual Assault Data Report

The following report is published per Minnesota State Statute 135A.15, Subd. 6 and contains information about sexual assaults on college campuses in the state of Minnesota. The Minnesota Office of Higher Education policy for compliance with federal and state laws governing access to student records is to suppress student data in cells containing fewer than 10 students. When "<10" is displayed in the data reports that follow, the data for that cell is suppressed to protect student identity in compliance with federal and state privacy laws. Additionally, if only one cell in a column is suppressed, the cell with the second lowest count also will be suppressed to prevent identification.

M State follows the OHE practice for compliance with federal and state laws governing access to student records. In the OHE Sexual Assault Data Report, M State is listed with a <10 for Incidents Reported to the Institution.

Link to OHE report at http://www.ohe.state.mn.us/sPages/SADR.cfm.


Last modified: December 6th, 2016 at 09:13am