Human Resources Officer
Minnesota State Board Policy
Minnesota State System Procedure
Federal Law
Minnesota Statutes
Definitions
This procedure is designed to further implement ATCC's Policy 1B.3 Sexual Violence, prohibiting sexual violence. This procedure provides a process through which individuals alleging sexual violence may pursue a complaint.
This procedure is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation and reprisal.
Alexandria Technical and Community College is subject to, abides by, and supports Minnesota state statutes and local ordinances regarding criminal sexual conduct, including Minnesota State System Procedure 1B.3.1.
The definitions in ATCC Policies 1B.3 and 1B.1 also apply to this procedure.
Campus security authority includes the following categories of individuals at ATCC:
An individual who is alleged to be the victim of conduct that could constitute sexual harassment (as defined by Title IX).
Includes locations, events, or circumstances over which ATCC exercised substantial control over both the respondent and the context in which the sexual harassment (as defined by Title IX) occurs, and also includes any building owned or controlled by any officially recognized student organization of ATCC.
A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment (as defined by Title IX) against a respondent and requesting that ATCC investigate the allegation of sexual harassment. At the time of filing the formal complaint of sexual harassment (as defined by Title IX), a complainant must be participating in or attempting to participate in the ATCC education program or activity with which the formal complaint is filed.
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment (as defined by Title IX).
Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent before or after the filing of a formal Title IX complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment. Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
Employee(s) designated by the president to coordinate the college’s efforts to comply with its Title IX responsibilities and ATCC Policies 1B.1 and 1B.3. A campus can delegate Title IX responsibilities to, for example, a deputy or deputies, and/or an investigator.
For purposes of Title IX, sexual harassment means conduct on the basis of sex that occurs in a college or university’s program or activity in the United States that satisfies one or more of the following:
Complainants of sexual violence and sexual harassment (as defined by Title IX) may report incidents at any time, but are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding.
Complainants are strongly encouraged to report incidents of sexual violence to law enforcement for the location where the incident occurred. Complainants are also encouraged to contact the local victim/survivor services office, counseling and health care providers, campus Title IX coordinators, and ATCC's campus security authorities for appropriate action.
When informed of an alleged incident of sexual violence and sexual harassment (as defined by Title IX), all ATCC students and employees are urged to encourage and assist complainants, as needed, to report the incident to local law enforcement, local victim/survivor services, campus Title IX coordinators and campus security authorities.
Campus security authorities, when informed of an alleged incident of sexual violence and sexual harassment (as defined by Title IX), shall promptly assist the complainant, as requested, including providing guidance in filing complaints with outside agencies such as law enforcement; obtaining appropriate assistance from victim/survivor services or medical treatment professionals; and filing a complaint with the Title IX coordinator.
When appropriate, ATCC may pursue legal action against a respondent, including, but not limited to, trespass or restraining orders, in addition to disciplinary action under the applicable student or employee conduct standard. ATCC may take actions it deems necessary or appropriate in response to all protection, restraining, or no-contact orders.
Any campus security authority or any college employee with supervisory or student-advising responsibility who has been informed of an alleged incident of sexual violence and sexual harassment (as defined by Title IX), shall follow college procedures for
making a report for the annual crime statistics report. In addition, the campus security authority or any college employee with supervisory or student-advising responsibility who has been informed of an alleged incident of sexual violence and sexual
harassment (as defined by Title IX) shall report to the Title IX Coordinator, in order to initiate any applicable investigative or other resolution procedures.
Campus security authorities may be obligated to report to law enforcement
the fact that a sexual assault has occurred, but the name of or other personally identifiable information about the complainant will be provided only with the consent of the complainant, except as may be required or permitted by law.
Minnesota law provides special protection for children under 18 and vulnerable adults. These laws, Minnesota Statutes sections 626.556 and 626.557, identify those who are mandated to report neglect or abuse of children under 18 and maltreatment of vulnerable adults. Faculty, student teachers or clinical participants, day care personnel, and others involved in education or services to children or vulnerable adults may be considered mandated reporters under both of these laws. Reports of abuse or neglect of a child or vulnerable adult, must be made to law enforcement or state or county social service agencies.
Because of laws concerning government data contained in Minnesota Statues chapter 13, the Minnesota Government Data Practices Act, ATCC cannot guarantee confidentiality to those who report incidents of sexual violence except where those reports are privileged communications with licensed health care professionals. Some off-campus reports also may be legally privileged by law, such as reports to clergy, private legal counsel, or health care professionals.
ATCC shall, at a minimum, at the time of registration make available to each student information about its sexual violence and sexual harassment (as defined by Title IX) policy and procedure, and shall additionally post a copy of its policy and procedure, including its online reporting system that allows for anonymous reporting, and shall additionally post a copy of its policy and procedure at appropriate locations on campus and in appropriate handbooks at all times. ATCC may distribute its policy and procedure by posting on an Internet or Intranet site, provided all students are directly notified of how to access the policy by an exact address, and that they may request a paper copy.
ATCC shall make available to all employees a copy of its sexual violence and sexual harassment (as defined by Title IX) policy and procedure. Distribution may be accomplished by posting on an Internet or Intranet website, provided all employees are directly notified of the exact address of the policy and procedure as well as the option of receiving a paper copy upon request.
ATCC shall have a sexual violence and sexual harassment (as defined by Title IX) policy, which must include the notice provisions of the following.
Complainants must be notified of the following:
ATCC investigation and disciplinary procedures concerning allegations of sexual violence and sexual harassment (as defined by Title IX) against employees or students must:
The past sexual history of the complainant and respondent must be deemed irrelevant except as that history may directly relate to the incident being considered.
A respondent’s use of any drug, including alcohol, judged to be related
to an offense may be considered to be an exacerbating rather than mitigating circumstance.
In general, ATCC investigation and disciplinary procedures for allegations of sexual violence and sexual harassment (as defined by Title IX) will proceed independent of any action taken in criminal or civil courts. ATCC need not, and in most cases should not, delay its proceedings while a parallel legal action is ongoing. If ATCC is aware of a criminal proceeding involving the alleged incident, they may contact the prosecuting authority to coordinate when feasible. Criminal or civil court proceedings are not a substitute for ATCC procedures.
ATCC shall enter into a memorandum of understanding with the primary law enforcement agencies that serve their campus(es). Prior to the start of each academic year, ATCC shall distribute an electronic copy of the MOU to all employees on the campus that are subject to the memorandum. ATCC is exempt from the MOU requirement if they and local or county law enforcement agencies establish a sexual assault protocol team to facilitate effective cooperation and collaboration between the college and law enforcement.
ATCC takes allegations of sexual violence and sexual harassment (as defined by Title IX) very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual violence, or who provides false information during the investigation of such a complaint or report, may be subject to discipline or, under certain circumstances, legal action. Complaints of conduct that are found not to violate policy are not assumed to be false.
Sanctions that may be imposed if a finding is made that sexual violence and sexual harassment (as defined by Title IX) has occurred include, but are not limited to, discipline up to and including suspension, or expulsion of students, or discipline, up to and including termination from employment, as provided in the applicable bargaining agreement or compensation plan, for employees. The appropriate sanction will be determined on a case-by-case basis, taking into account the severity of the conduct, the student’s or employee’s previous disciplinary history, and other factors as appropriate.
Witnesses or victims who report in good faith an incident of sexual violence will not be sanctioned by the college for admitting in the report to a violation of the student conduct policy on the use of alcohol or drugs
Actions by a student or employee intended as retaliation, reprisal or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.
ATCC has a duty to take timely and appropriate action to stop behavior prohibited by ATCC Policy 1B.3, conduct investigations and take appropriate action to prevent recurring misconduct.
ATCC may offer an informal resolution process if a formal complaint is filed and after providing both parties a notice of allegations. The parties must voluntarily consent, in writing, to the informal resolution process. At any time before agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the process with respect to the formal complaint. This procedure neither prevents nor requires the use of informal resolution by individuals who believe they have been subject to conduct in violation of ATCC Policy 1B.3. Informal resolution shall not be used to resolve allegations that an employee sexually harassed a student.
Confidentiality of information obtained during an investigation cannot be guaranteed; such information, however, will be handled in accordance with applicable federal and state data privacy laws.
The Title IX Coordinator must be contacted in order to initiate a complaint under this procedure. The Title IX Coordinator shall determine the process used in each complaint based on the complexity of the allegations, the number and relationship of individuals involved, and other pertinent factors.
If the above methods, including the informal resolution process, have not resolved the complaint within a reasonable period of time to the satisfaction of the Title IX Coordinator, the procedures in this subpart must be followed.
The written determination may satisfy these elements by adopting portions of the report and recommendation. The decision-maker must provide the written determination to the parties simultaneously. The determination regarding responsibility becomes final
either on the date that the college provides the parties with written determination of the result of the appeal; or if an appeal is filed; or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
The college shall take the appropriate corrective action based on results of the investigation, and the Title IX Coordinator shall make appropriate inquiries to ascertain the effectiveness of any corrective or disciplinary action. Complainants are
encouraged to report any subsequent conduct that violates ATCC Policy 1B.3, as well as allegations of retaliation. Disciplinary action for students may include any sanctions the college imposes for any student conduct matters, up to and including
expulsion. Disciplinary action for employees may include any discipline allowed under the applicable collective bargaining agreement or personnel plan, up to and including termination.
Written notice to parties relating to discipline,
resolutions, and/or final dispositions resulting from the report/complaint process is deemed to be official correspondence from the college. In accordance with state law, the college is responsible for filing the complaint disposition concerning complaints
against employees with the Commissioner of Minnesota Management and Budget within 30 days of final disposition.
The complainant or the respondent may appeal the decision of the decision-maker. An appeal must be filed in writing with the president or designee within ten (10) calendar days after notification of the decision. The appeal must state specific reasons why the complainant or respondent believes the decision or sentence were improper. In a complaint against a president or other official who reports directly to the chancellor, an appeal may be considered by the chancellor whether or not the chancellor served as the decision-maker. In addition, for a formal Title IX complaint, both the complainant and respondent may appeal a dismissal of a formal complaint.
The president or designee shall review the record and determine whether to affirm or modify the decision. Grounds for appeal include procedural irregularity that affected the outcome, new evidence that was not reasonably available at the time the determination
regarding responsibility or dismissal was made that could affect the outcome of the matter, and a conflict of interest or bias by the Title IX Coordinator, or decision-maker that affected the outcome of the matter. The president or designee may receive
additional information if the president or designee believes such information would aid in the consideration of the appeal. The decision on appeal must be made within a reasonable time and the complainant, respondent and Title IX Coordinator must
be notified in writing of the decision, consistent with applicable state and federal data privacy laws. The decision on appeal exhausts the complainant's and respondent's administrative remedies under this procedure except as provided herein.
ATCC shall provide education and training programs to promote awareness and prevent discrimination/harassment, such as educational seminars, peer-to-peer counseling, operation of hotlines, self-defense courses, and informational resources. Education and
training programs should include education about ATCC Policy 1B.3 and this procedure. ATCC shall promote awareness of ATCC Policy 1B.3 and this procedure, and shall publicly identify the Title IX Coordinator. ATCC must ensure that Title IX Coordinators,
investigators, decision-makers, and any person who facilitates an informal resolution policy, received training on Title IX sexual harassment complaints. Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person
who facilitates an informal resolution process on handling formal Title IX complaints must be made publicly available on the college’s website.
ATCC shall:
Other training and education
ATCC and affiliated student organizations are encouraged to develop educational programs, brochures, posters, and other means of information to decrease the incidence of sexual violence and advise
individuals of the legal and other options available if they are the complainants of an incident or if they learn of such an incident.
Training for individuals charged with decision-making authority
Prior
to serving as either an investigator or decision-maker for complaints under this procedure, administrators shall complete investigator or decision-maker training provided by the system office.
Investigators/decision-makers, campus
security officers, and anyone else involved in the adjudication process must receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process
that protects the safety of victims and promotes accountability.
During and upon the completion of the complaint process, the complaint file must be maintained in a secure location in the office of the Title IX Coordinator for the college, for a period of seven (7) years, in accordance with the applicable records retention schedule. Access to data must be in accordance with the respective collective bargaining agreement or personnel plan, the Minnesota Government Data Practices Act, the Family Educational Rights and Privacy
Approved by: College President
Effective Date: 4/30/2025
Next Review Date: April 2028
Archive: 1.5.1 Sexual Violence Procedure