Statement
Saint Mary’s University of Minnesota prohibits and will not tolerate discriminatory practices, sexual harassment or sexual assault of any member of this university community on any university-owned property. Saint Mary’s University of Minnesota supports federal and state laws which prohibit discrimination against any person because of race, color, creed, religion, national origin, gender, sexual
orientation, age, marital status, status with regard to public assistance, or disability. The university has adopted a Discrimination/Sexual Harassment/Sexual Assault Policy. A copy of this policy may be found on the university’s website.
Consensual Relationships
Long-established standards of professional ethics discourage personal relationships of a romantic or sexual nature between persons who are in a supervisor-subordinate relationship on campus, especially between faculty or staff personnel and students. No non-academic or personal ties should be allowed to interfere with the academic integrity of the teacher-student relationship or the general integrity of the supervisor-subordinate working relationship at Saint Mary’s University of Minnesota. With respect to
sexual relationships, in particular, what might appear to be consensual, even to the parties involved,
may, in fact, not be so.
On this basis, the university strongly discourages any consensual romantic or sexual relationship between any faculty member and a student or any supervisor and a subordinate at the university. The relationships covered by this policy include relationships between administrators, coaches, advisors, program directors, counselors, residential staff members (including resident assistants), and other
similarly situated staff members who have supervisory authority for a student or employee, and that student or employee.
If charges of sexual harassment are made by a student against a faculty or staff member when the faculty or staff member has engaged in a romantic or sexual relationship with the student, it will not be a defense to allege that the relationship was consensual. If charges of sexual harassment are made by an employee against a supervisor when the supervisor has engaged in a romantic or sexual relationship with a subordinate, it will not be a defense to allege that the relationship was consensual. In short, any
faculty/staff member or any supervisor enters at peril into a romantic or sexual relationship with a student or subordinate.
Sexual Assault Grievance Procedures
Saint Mary’s University will not tolerate sexual assault in any form. The university will do its best to offer safety, privacy and support to the victim/complainant of sexual assault. Those who file a charge of sexual assault will do so without reprisal.
As part of the larger community, Saint Mary’s University abides by and supports Minnesota state and local ordinances regarding sexual conduct. Under Minnesota law, sexual activity, including sexual penetration or sexual contact carried out under coercion, with the threat of a weapon, through the threat of bodily harm, through a position of authority, or when the victim/complainant is mentally
handicapped or physically helpless constitutes criminal sexual conduct. While excessive use of alcohol and drugs precedes many assaults, use of these substances does not diminish personal accountability.
Having a previous relationship of any nature, including sexual contact with the victim/complainant, is not an accepted defense to sexual assault. The victim/complainant does not need to produce a witness or prove that she/he resisted. The relative age of the persons involved, the victim’s/complainant’s fear of bodily harm to self or another, the use of or threat to use a weapon by the perpetrator or an accomplice, and the infliction of either physical or emotional anguish upon the victim/complainant are
among the criteria taken into account by the laws of the State of Minnesota.
Saint Mary’s University strongly encourages students who have been sexually assaulted to report the assault to the university and proper legal authorities, as well as to seek out any needed support. There are several options for a victim/complainant seeking redress. A victim/complainant may or may not choose to use the disciplinary process of Saint Mary’s University, or the services of the Equal Opportunity Office on campus; or an external service such as the Winona Women’s Resource Center,
and/or civil or criminal legal processes.
The university’s internal procedures and external procedures are not mutually exclusive. A person may use an internal procedure at the same time as she/he uses one or more of the external procedures. However, if an individual chooses a formal internal procedure, she/he may only use one of the procedures, not more than one.
Internal Procedures
Students may report to the dean of students for informal resolution, mediation and/or for further information as to options available to them. Students may choose to use the disciplinary judicial process by filing a report of sexual assault with the dean of students. The university judicial system is not designed to process acts of sexual assault utilizing rules of criminal procedure. Where there is likely
cause to believe that the university’s regulations prohibiting sexual assault have been violated, the dean of students will pursue the matter once a report of sexual assault has been made. The result of such an investigation may result in sanctions up to and including expulsion. If in the judgment of the dean of students the safety or the general welfare of a person or the community is endangered or sufficiently upset, the accused may be required to leave campus immediately.
During this campus process, a victim/complainant has the right to:
- a. request to be shielded from unwanted contact with the person against whom the complaint is brought;
- b. not have her/his past sexual history discussed during the hearing;
- c. make a victim impact statement and suggest an appropriate penalty if the accused is found in violation of school policy.
Members of the university community are asked to be sensitive to the fact that the person who has been a victim of sexual assault or who has been accused of assaulting someone may be re-victimized by rumors and innuendo that inflame the case.
Those who harass a witness, a victim, or the accused, after a complaint has been made, will also be subject to appropriate disciplinary action.
In addition to the judicial process (outlined previously in this handbook) the rights of the victim/complainant and accused will be protected as follows: Both the victim/complainant and the accused may be accompanied by an advocate (faculty, staff, or student) of their choice throughout the reporting and campus judicial/disciplinary process. In addition, both the victim/complainant and accused
have the right to be informed immediately as to the outcome of the hearing.
External Procedures
A student desiring to press charges should contact the City of Winona Police Department at the Winona County Law Enforcement Center. (In the case of a sexual assault, it is vitally important that all evidence of the assault be preserved; for example, do not wash clothing or take a shower.) The authorities there will immediately commence an investigation into the circumstances surrounding the
sexual assault. The matter may be referred to the Winona County Attorney’s Office for a determination on whether criminal charges should be filed. A statute of limitations exists for the criminal prosecution of most sexual assaults. Realistically, however, if too much of a delay occurs between the sexual assault and the report to the law enforcement authorities, information from the witnesses may be difficult to obtain and evidence may be destroyed.
If a student or someone a student knows has been sexually assaulted, telephone Campus Safety through the university switchboard and contact the assaulted student’s hall director. If requested by the victim, contact the Winona County Law Enforcement Center by telephoning 511 or asking a staff member to call. Emergency care at the hospital will treat any physical injuries, provide emotional support, and gather evidence.
It is strongly recommended that the victim of a sexual assault seek support and assistance from professionals on- or off-campus as soon as possible. Health Services, Counseling, Residence Life, Student Development, and the Equal Opportunity Office are all resources on campus that can provide assistance to the victim of a sexual assault or direct the victim to the most appropriate type of assistance.
Additional information regarding “Victim’s Rights” and a listing of addresses and telephone numbers of off-campus resources are available in the Equal Opportunity Office. A detailed copy of the Saint Mary’s Discrimination/Sexual Harassment/Sexual Assault Policy is distributed by the Equal Opportunity Office to all current members of the university community and is posted throughout the campus. |
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