1B.3 Sexual Misconduct

Responsible Position

Human Resources Officer

RELATED ITEMS

Minnesota State Board Policy

Minnesota State System Procedure

POLICY STATEMENT

Sexual misconduct is an intolerable intrusion into the most personal and private rights of an individual, and is prohibited at Alexandria Technical & Community College (ATCC). ATCC is committed to eliminating sexual misconduct in all forms and will take appropriate remedial action against any individual found responsible for acts in violation of this policy. Sexual misconduct is a continuum of conduct that includes sexual assault; non-forcible sex acts; dating, intimate partner, and relationship violence; stalking; Title IX sexual harassment; as well as aiding acts of sexual misconduct.

Acts of sexual misconduct may also constitute violations of criminal or civil law, or other ATCC or Minnesota State Board policies that may require separate proceedings. To further its commitment against sexual violence, ATCC provides reporting options, an investigative and disciplinary process, prevention training, and may include other related services as appropriate.

Application of policy to students and employees

This policy applies to all individuals affiliated with ATCC, including but not limited to, its students, employees, applicants, volunteers, agents, and others as appropriate and protects the rights and privacy of all involved individuals, as well as prevents retaliation. Complaints of conduct by a student occurring at a location other than on ATCC property, including online, are covered by this policy and pursuant to the factors listed in ATCC Policy 3.6. Complaints of conduct by an ATCC employee at locations other than ATCC property, including online, are covered by this policy. 

Complaints of conduct on ATCC property, including online, by individuals who are not students or employees are subject to appropriate actions by ATCC, including but not limited to, pursuing criminal action against them, referral to law enforcement, pursuing a no trespass order or action, or even being prohibited from ATCC property. Individuals who violate this policy will be subject to disciplinary or other corrective action. Allegations of conduct in violation of this policy may be submitted through the policy identified in ATCC Procedure 1B.3.1. 

Allegations of protected class discrimination or harassment are governed by ATCC Policy 1B.1. For the purpose of this policy, the following definitions apply:  

 

Employee

Any individual employed by ATCC, including student workers. 

Student

All persons who: 

  1. Are enrolled in one or more courses, either credit or non-credit, through the college; or 

  2. Withdraw, transfer, or graduate after an alleged violation of the code of student conduct; or 

  3. Are not officially enrolled for a particular term but who have a continuing relationship with the college; 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 employees and are not enrolled in the institution but live in a college residence hall. 

ATCC property

The facilities and land owned, leased, or under the primary control of Alexandria Technical and Community College. 

Definitions of Prohibited Conduct 

The following definitions of prohibited sexual misconduct and retaliation apply to this policy. 

Dating, intimate partner, and relationship violence 

Any physical or sexual harm or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a person, including verbal, psychological, economic, or technological abuse that may be classified as a sexual assault, dating violence, or domestic violence caused by: 

  1. a current or former spouse of the individual; or 

  2. a person in a sexual, romantic, or intimate relationship with the individual.

    Non-forcible sex acts

    Non-forcible acts as defined by Minnesota law, include unlawful sexual acts where consent is not relevant, such as sexual contact with an individual under the statutory age of consent, or between persons who are related to each other within degrees wherein marriage is prohibited by law. 

    Sexual assault

    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. 

    1. Sexual act includes but is not limited to the following
      1. Intentional and unwelcome touching of a person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast) both over and under clothing; or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts.
      2. Sexual intercourse or penetration, no matter how slight, of the vagina or anus of a person, with any body part or object, or oral penetration of a sex organ of another person.
    2. Affirmative consent is informed, freely given, and mutually understood willingness to participate in sexual activity that is expressed by clear, unambiguous, and affirmative words or actions. Affirmative consent is subject to the following:
      1. The person who wants to engage in sexual activity is responsible for ensuring that the other person has consented to the sexual activity.
      2. Consent must be present throughout the entire sexual activity and can be revoked at any time.
      3. If coercion, intimidation, threats, and/or physical force are used, there is no consent.
      4. If the person is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious.
      5. A lack of protest, absence of resistance, or silence alone does not constitute consent, and past consent to sexual activities does not imply ongoing future consent. 
      6. The existence of a dating relationship between the people involved or the existence of a past sexual relationship does not prove the presence of, or otherwise provide the basis for, an assumption of consent.
      7. Whether an individual has taken advantage of a position of influence over another person may be a factor in determining consent.
    Sexual exploitation

    Abuse or attempting to abuse another person’s vulnerability, power, or trust and that is for another person’s benefit or the benefit of anyone other than the person being exploited. This includes, but is not limited to, sexual voyeurism, sexual extortion, nonconsensual distribution of sexual images, creating or disseminating deepfake or synthetic media depicting intimate parts or sexual acts, prostituting another person, and sex trafficking. 

    Stalking

    An actual, attempted, or threatened sexual act with another person without that person’s affirmative consent.  

    Title IX Sexual Harassment

    For the purpose of Title IX, sexual harassment is conduct on the basis of sex that occurs in the United States and: (1) on ATCC property; (2) as part of the college’s programs or activities; and/or (3) in locations, at events, or in circumstances over which the college has exercised substantial control over both the individual who engaged in the prohibited conduct and the context in which the prohibited conduct occurred. Title IX sexual harassment includes conduct that satisfies at least one of the following:

    1. An employee of the college conditioning the provision of an aid, benefit, or service of ATCC on an individual’s participation in unwelcome sexual conduct; or
    2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the college’s education program or activity. 
    Retaliation
    1. Taking an adverse action against a person, which includes, but is not limited to, engaging in any form of intimidation, reprisal, or harassment because the person:
    2. reported or made a complaint under this policy;
    3. expressed opposition to suspected or alleged conduct prohibited by this policy;
    4. assisted or participated in any manner in an investigation or process under this policy;
    5. opposed or refused to participate in an informal resolution or investigation under this policy; or
    6. accessed the college investigation or informal resolution process to address a conflict related to this policy; or
    7. made a complaint or assisted or participated in any manner in an investigation or process with the Equal Employment Opportunity Commission, the U.S. Department of Education Office for Civil Rights, the Minnesota Department of Human Rights or other enforcement agencies, under any federal or state nondiscrimination law, including the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Minnesota Human Rights Act, Minn. Stat. Ch. 363A, and their amendments. 

    Retaliation may occur whether or not there is a power or authority differential between the individuals involved.