Student Handbook

Harassment

Harassment or personal abuse, whether oral, written or physical, exceeds the bounds of acceptable behavior in the Macalester community. Any individual who harasses or abuses another is subject to the dispute resolution and disciplinary procedures of the College and such civil and criminal laws as may pertain. The College expects its members will educate themselves about such behavior and be vigilant in protecting the right to an environment free of harassment and abuse. In addition, it is a gross misdemeanor to intentionally harass a person by engaging in certain acts which cause the person to feel oppressed, persecuted or intimidated. Such acts include stalking or threatening a person, sending packages, letters, computer messages or telegrams to a person, and making telephone calls to a person with the intent to harass them. Specific information on different types of harassment as well as specific reporting procedures are located elsewhere in this document.

Hate Incident Protocol

Macalester College values the right to free speech and the open exchange of ideas and views in our learning environment. We, as a community, are committed to embracing multiculturalism, anti-racism, and a celebration of all forms of diversity. Macalester College is dedicated to assuring dignity for all and desires to be welcoming to every member of the campus community. Any act that has the purpose or effect of unreasonably or substantially interfering with an individual's safety and security by creating an intimidating, hostile, or offensive educational or working environment will not be permitted.

Hate incidents and crimes, as defined below, perpetrated by one's peers, any student, or any employee of the College will not be tolerated in our community and may also be punishable by federal and state law. Possible penalties for those found guilty of perpetrating a hate incident include probation, suspension, expulsion, termination of employment, and/or civil or criminal lawsuits.

Protocol Mission Statement
Macalester College will work towards responding to hate incidents in order to achieve the outcomes listed below:

• Re-assert the values of the community, which as a whole are diminished by hate incidents.
• Respond to the needs of the victim by following the measures as outlined.
• React responsibly to identify and prosecute the perpetrator of the hate incident.
• Re-establish a sense of safety and security on the campus and the surrounding community.

Definition of Hate Incidents and Hate Crimes
Hate Incident: Macalester College defines a hate incident as a speech, act or harassing action that targets, threatens, or attacks an individual or group because of their actual or perceived race, color, national or ethnic origin, religious affiliation, gender, disability, or sexual orientation.

Hate Crime: Some hate incidents are also legally classified as hate crimes under federal law. Congress defines a hate crime as "a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, national origin, ethnicity, gender, disability, or sexual orientation of any person." (-Section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 28 U.S.C. 994 note).

Should a hate incident at Macalester College fall under this federal definition of a hate crime, the appropriate state and federal authorities will become involved. Please note this distinction should in no way be seen to diminish the seriousness of any hate incident. Macalester College recognizes the severity of all hate incidents as an affront to our community and the College will therefore take action in all cases regardless of their status under federal and state laws.

Examples
The kinds of incidents which may constitute a hate incident or a hate crime include but are not limited to:

• Racial graffiti in a public space such as a restroom or hallway.
• A student is targeted and physically assaulted after leaving a dance sponsored by the campus gay, lesbian, bisexual, and transgender organization.
• Verbal or written slurs, epithets, jokes, comments, or terms based on an individual's actual or perceived gender.

Incidents which do not constitute a hate incident or a hate crime include but are not limited to:

• Students are upset because a professor assigns a reading written by a white supremacist.
• In an art class, students are required to attend an art exhibition by a prominent gay artist. Several students are offended by being forced to view this exhibition.
• Members of the campus Jewish community are enraged when a speaker whose message may be an affront to some backgrounds and beliefs of members of the community (i.e. Louis Farrakhan, David Duke), is slated to give a lecture on campus.

Community Hate Incident Notification Procedures
Because hate incidents and hate crimes are an affront to the entire community, if one occurs, the entire Macalester College community should be informed. Notification about hate incidents is necessary both to protect the safety of community members, as well as to raise campus awareness. Notification is necessary for facilitating the healing process for the targeted person, group, and the entire community through campus dialogue and collective problem solving.

A Hate Incident Notice should be sent as soon as agreed upon by the investigation team after the incident has been reported to campus officials.

A Hate Incident Notice will be issued if:

• The incident occurred on campus.
• The incident occurred in the neighborhood surrounding campus.
• The incident involved a Macalester community member as the target.

A Hate Incident Notice will include:

• A brief description of the incident with non-identifying language in order to protect the identity of the victim(s).
• Information or description of the perpetrator still at large.
• Information about a campus contact where community members can report additional information related to the incident.

Methods of circulation of a Hate Incident Notice may include but are not limited to:

• Safety alerts from campus Security on brightly colored paper, posted on all official campus bulletin boards.
• Notices in campus news sources such as the MacWeekly, Bulletin, TODAY, and Announce L e-mail.
• In response to a severe incident, such as a physical assault or death threat, an immediate all-campus notice should be sent to the community through campus mail.
• In response to a severe incident, a campus dialogue should be called.

Procedures for Reporting Hate Incidents

• If you are in physical danger always call 911 immediately.
• Call campus Security at 6555. Avoid touching the objects or area where the incident or crime occurred.
• Campus Security will dispatch to the scene and page a professional staff member trained to deal with crisis situations.
• During the follow-up, a professional staff member will assess the situation, assist the victim(s) and contact other resources as needed, which may include:
  • Macalester College Harassment Committee (the Dean of Students is the typical intake person for students)
  • Dean of Students Office/Provost Office
  • President's Office
  • Residential Life Office
  • Winton Health Services
  • Center for Religious and Spiritual Life
  • College Relations
• Campus Security will assist you in calling the St. Paul Police Department to report the incident.
• In the days following, a professional staff member will follow- up with the victim to discuss the incident and determine on-going investigative steps.
• After consultation with the victim and the investigation team, the campus community will be notified of the hate incident or hate crime.
• The College will conduct an in-depth investigation that may include the interviewing of individuals involved, potential witnesses, or suspects by campus Security, Macalester College Harassment Committee, Dean of Students, Provost, and/or St. Paul Police officers. All appropriate investigative methods and resources will be used.
• The College investigation team will remain in contact with and be of support to the victim(s).
• The community will receive follow-up information as it is appropriate (refer to Community Hate Incident Notification Procedures).

Racial Harassment Policy

It is the fundamental belief of Macalester College that the process of learning is best achieved in a community that recognizes and reflects diversity and encourages the open and frank exchange of ideas. Racial harassment can stifle the learning process and discourage that exchange. Macalester College is committed to assuring that students, faculty and staff enjoy an educational environment and a work setting that promotes respect for cultural values and racial differences.

The College believes that intentional behavior by a member of the College community (faculty, staff or student) that interferes with the full participation in the College community by another member, whether by threats, intimidation, harassment or other acts which are disruptive to participation in college life, is unacceptable.

The College recognizes the complexity of defining language and actions that are not acceptable in a community which values freedom of expression. Freedom of expression does not include the right to intentionally and maliciously aggravate, intimidate, ridicule or humiliate another person. In defining racial harassment, it is necessary to consider the knowledge, intention and willingness of the individual alleged to be guilty of harassment.

Definition of Racial Harassment
At Macalester, racial harassment is defined as verbal, written or physical conduct which refers to one's race and where such conduct has the purpose or effect of unreasonably interfering with an individual's academic, social or work-related participation in the College community.

Racial harassment can include, but is not limited to, hostile or intimidating racially-oriented verbal or written statements or symbols, physical threats or intimidating conduct that adversely affects the mental or emotional health of the individual and that interferes with a person's ability to function successfully in her or his academic, work or social life at Macalester College. The definition of harassment includes speech acts which are intended to insult or stigmatize an individual or group of individuals on the basis of their race or color, or speech that makes use of inappropriate words or non-verbals. Speech or an act of racial harassment need not be addressed directly to an individual or group of individuals to insult or stigmatize.

A member of the College community who knowingly, intentionally and willfully participates in activities defined as racially harassing shall be considered in violation of this policy and shall be subject to disciplinary proceedings.

Sexual Harassment Policy

Sexual harassment involves a wide range of verbal and non-verbal behaviors which impose unwelcome sexual attention on an individual. Sexual harassment is unacceptable and may be subject to College discipline and may be subject to criminal proceedings.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:

• Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment or education;
• Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
• That conduct or communication has the purpose or effect of substantially interfering with an individual's employment or education, or creating an intimidating, hostile or offensive employment or educational environment.

The above refer to forms of sexual harassment that occur between people in unequal positions of power. Behavior or speech of a sexual nature, or which employs a sexual stereotype or generalization which adversely affects the academic or employment climate can be sexual harassment. Harassing behavior can be addressed to an individual or it may be more general sexual or sexist behavior or comments, in or out of the classroom or workplace, to a group of people.

Incidents of unwelcome sexual attention that occur between persons in equal positions of power, such as student/student, constitute sexual harassment and will also be addressed.

Sexual Harassment Behaviors
The following behaviors may constitute sexual harassment: use of any offensive or demeaning terms which have sexual connotations including those contained in jokes and humor;

• Persistent unwelcome remarks about another person's clothing, body or gender;
• Repeated, unwelcome invitations to social engagements;
• Attempts of coercion to a sexual relationship;
• Any indication that an employee's job security, job assignment, conditions of employment or opportunities for advancement depend on the granting of sexual favors;
• Threats to punish an employee or student for refusal to comply with demands for sexual favors;
• Objectionable touching;
• Verbal harassment or abuse of a sexual nature;
• Deliberate or careless creation of an atmosphere of sexual harassment or intimidation.

Examples of Sexual Harassment

• An instructor refers to female students in belittling and lewd terms.
• A superior in an office repeatedly touches an employee when no one else is around, causing the employee to be uncomfortable.
• A teaching assistant offers a favorable review of an assignment in exchange for a date.
• A female employee continuously finds pornographic pictures posted in the break room.

Sexual Harassment Can Involve

• Instructor and student
• Supervisor and employee
• Student and student
• Other relationships among colleagues, peers, and co-workers.

What You Can Do If This Happens to You

• Tell someone! You have a right not to be harassed, and sometimes support is needed before the message can be communicated to the alleged harasser.
• You have the right to say NO. Hoping that the situation will go away will often not bring an end to it. If you feel comfortable, specifically tell the person (either verbally or in writing) that you do not like what he/she is doing and ask him/her to stop.
• Keep a journal or record of all instances of sexual harassment. Record the time, place and circumstances. Keep harassing phone message on voice mail storage when possible.
• Get help. Talk with a member of the Macalester College Harassment Committee, your supervisor, department chair, advisor or hall director.

Just because you talk about it does not mean you must file a formal complaint nor will it necessarily result in a formal complaint. There are several options for assistance in stopping the harassing behavior.

Sexual Violence
Sexual violence involves unwelcome physical contact, real or threatened, with a person's bodily orifices (anal, oral, or vaginal), buttocks or breasts or the clothing touching these areas. Sexual violence includes the use of force or coercion, with or without the use of a weapon, to accomplish sexual penetration or sexual contact.

Sexual violence is unwelcome sexual contact to which there has been a lack of informed consent at the time of the activity. Lack of consent means that a person has not freely and affirmatively agreed to engage in sexual activity. The lack of informed consent applies to instances when a person is unable to give informed consent because one is unconscious, under the age of giving legal consent, developmentally disabled, under the influence of alcohol and/or other drugs. It is the responsibility of the person who initiates the sexual activity to be sure that they have clear unambiguous affirmative consent at every step of the way. As a result, influence by alcohol and/or other drugs will not lessen the responsibility of the alleged perpetrator.

Sexual violence can occur against both males and females. It may be perpetrated by an assailant not known to the victim, but more often is perpetrated by someone the victim knows. Sexual violence is unacceptable regardless of the relationship. Perpetrators of sexual violence may be subject to disciplinary action by the College. Sexual violence can be a felony and may be subject to criminal action.

Myths About Sexual Violence
Myth: Sexual assault is caused by uncontrollable sex drives.
Fact: Sexual assault is an act of violence. It is not for sexual gratification, but a desire to dominate, control and degrade. The moving factors are anger and power, not sex.

Myth: If two people have had a previous sexual relationship, they can never say no.
Fact: No one ever loses the right to say no.

Myth: If he bought you dinner, and a movie, you owe him sex.
Fact: You never owe anyone sex, no matter what.

Myth: People provoke an assailant by their actions, dress, and behavior.
Fact: Victims range in age from newborn to the elderly. Women, men, and children of all ages and descriptions can be assault victims.

Sex appeal and appearance have little to do with being chosen as a victim. A rapist looks at vulnerability and accessibility.

Acquaintance Rape
Most of the sexual assault that occurs on college campuses is referred to as acquaintance rape. Acquaintance rape is non-consensual sex between two people who know each other. Acquaintances include dating, friends, professional, academic, or familial relationships. No matter the relationship and even if sex has occurred between these two before, if one of the people does not want to have sex, it is sexual assault and in violation of the person and College policy.

Acquaintance rape often occurs when one or both people are intoxicated from drugs or alcohol. Being under the influence of alcohol may impair a person's capacity to make judgments in their own best interests. Being under the influence will not reduce the responsibility of an assailant. On college campuses, victims know the assailants over 80% of the time.

Immediate Action
Any victim of sexual assault should seek immediate medical and emotional assistance. Assistance is available by calling (911), the St. Paul Police (651-291-1111), Campus Security (696-6555), the Campus Response team member on call (612-538-6503), Sexual Assault Crisis Line (651-643-3006) or Regions Hospital (651-221-2121). Campus Security and on-call Student Affairs staff can help victims if they wish with initiating police contact and can assist with transportation arrangements to the hospital. Should survivors wish to consider a formal report of the incident to campus authorities they should contact a Student Affairs staff member such as Resident Hall Director, Director of Campus Life, or Dean of Students. These staff will be able to advise students of the process so that the survivor can make the best personal decision for him or her and the community.

Computer Harassment
Macalester College takes electronic harassment seriously and will deal with it promptly when it is reported. Incidents of suspected electronic harassment should be reported to the Macalester College Harassment Committee. Immediate steps will be taken to investigate the complaint and prevent further offending messages. The College's initial response will be educational, with the goal of having the behavior cease; if it does not, our response will escalate accordingly. Electronic harassment will be handled according to the College's Dispute/Grievance Resolution Procedures or Conduct procedures, as appropriate.

Harassment Response Procedures for Staff, Faculty and Students

Statement
Macalester College does not tolerate harassment in any form or based upon any protected class status. It is inconsistent with the maintenance of academic freedom and violates community standards. Harassment generally means the creation of a hostile learning and work environment and may arise from verbal, written, or physical conduct. [For a fuller explanation, see relevant Student Handbook sections or Employee Handbook section 12.] The goal of this policy is to create a community free of any form of harassment. The College will take immediate and appropriate corrective action when it determines that harassment has occurred. Additionally, to the extent possible consistent with its responsibility to investigate complaints and take appropriate corrective action, the College will protect the confidentiality of the complaint process.

This policy against harassment shall be applied in a manner that protects academic freedom and freedom of expression within the College. Nothing in this policy shall be construed to limit the legitimate exercise of free speech that can reasonably be demonstrated to serve legitimate educational or artistic purposes, nor shall this policy be construed to infringe upon the academic or artistic freedom of any member of the College.

Macalester College Harassment Committee
All harassment complaints, except against the College President, will be received and processed by the Macalester College Harassment Committee (MCHC). Official complaints against the President will be promptly heard and dealt with by the Macalester Board of Trustees. The MCHC will consist of 2 faculty members appointed to 3-year renewable terms by the President upon consultation with EPAG and senior College officials and 2 staff members whose appointments are part of their regular duties assigned by the Director of Human Resources and/or the Vice President of Student Affairs. Two alternates will also be appointed and will be available to serve in cases where a recusal by an MCHC member has occurred.

Community members may also use the MCHC as a resource regarding questions or concerns about an incident or situation without registering a complaint. In these cases one or more MCHC members will only provide information and counsel unless an official complaint is initiated.

Submitting Complaints
When a member of the Macalester community believes he or she has experienced or is experiencing harassment or believes that another member of our community has experienced or is experiencing harassment by another member or members of the College community, the individual should immediately bring the concern to the MCHC. Note: Any College employee who suspects harassment has occurred or is occurring or who receives information regarding possible harassment must immediately bring the matter to the attention of the MCHC (except those exempted by position of medical, clergy or counseling privilege). In addition, the MCHC will treat any public reference to possible harassment, such as an allegation in an article published in the student newspaper, as a formal complaint.

It may be the natural tendency, e.g., for faculty who are feeling harassed, to talk to the Provost or for students to seek support from the Vice President for Student Affairs. However, with problems involving harassment, the Provost and the Vice President for Student Affairs must forward the concern to an MCHC member. There is no parallel process whereby anyone other than a MCHC member may attempt to resolve the suspected harassment problem.

Elements of a Complaint

• Complaints are made in writing and are signed.
• Complaints include the names of the complainant(s) and the accused party(ies).
• The complaint will also include:
  • A specific description of the objectionable behavior or circumstances.
  • When relevant, a statement of the College rule or policy violated by the objectionable behavior or circumstances. (The relevant rules and policies are to be found in the Faculty Handbook, the Student Handbook and the Staff Handbook.)
  • A statement of the reason(s) the accused is believed to be responsible for that behavior.

MCHC Procedures Upon Receiving Complaint
Individuals submitting or receiving complaints are expected to observe community standards of responsibility and confidentiality in doing so. The MCHC member receiving the complaint will offer support services to the individual and determine whether a report must be made to the police (the law requires reporting in certain instances). Regardless of whether a report to the police is made, the MCHC member will follow established Macalester procedures independent from any police involvement and is specifically prohibited from engaging in any information exchange during or after the conclusion of case except as the law requires.

Three members of the MCHC will participate in complaint resolution (the Review Team). The fourth member of the MCHC will be informed that an investigation is occurring but will not receive information specific to the complaint.

Evaluation of Complaint
The MCHC Review Team receiving the complaint will determine the next course of action which could include mediation, investigation or a finding that the complaint does not constitute an alleged violation of the Policy Against Harassment. To accomplish this, past records may be consulted. In cases involving a third party bringing forward a concern, the MCHC member receiving the information will consult with the individual reportedly being harassed. Persons named in the complaint will also be promptly notified of the complaint and informed of procedures and options available to them.

No Action Option. If the MCHC Review Team concludes that neither an investigation nor mediation is warranted, a memorandum detailing the complaint and the reasons for this conclusion will be completed for the files.

Mediation Option. In essence, mediation is a means of resolving conflicts or misunderstandings between a complainant and respondent. The goal of a mediation procedure is for two parties, using a facilitated problem-solving approach, come to an agreement regarding the solution to the problem or issue between them. They then clearly specify any changes in behavior toward one another to which the parties have agreed. Institutional sanctions or punishments are not permitted outcomes of mediation.

Procedure. If the MCHC Review Team determines that internal or professional mediation is appropriate at any point after receiving a complaint, it will be recommended and explained to both the complainant and respondent. If both parties agree to participate, a mediator, who will facilitate the mediation process, will be provided.

Outcome. If mediation is rejected by one or both parties, or if an attempted mediation fails to conclude with a mutually agreed upon resolution, the MCHC Review Team may decide to take no further action or to begin (or continue) an investigation. If mediation was undertaken, a report will be filed at its conclusion, successful or unsuccessful.

Investigation Option. If the MCHC Review Team determines that an investigation should take place, the investigation will begin as soon as feasible. The Review Team will conduct a thorough and impartial investigation that will normally be completed and reported within two weeks.

Protection of Confidentiality. During the course of an investigation, the investigators may impose restrictions on the parties and other participants for the purpose of maintaining the confidentiality of those involved in theinvestigation and minimizing the potential disruptiveness that the investigation may have on the College community. Anyone involved in aninvestigation that violates such restrictions will be subject to appropriate sanctions.

Outcome. Upon completion of the investigation, the MCHC Review Team may 1) close the case without action and file a report summarizing the case and the reason for the conclusion; 2) obtain agreement of the parties involved to enter into a mediated resolution, or 3) to present the results of their investigation to the appropriate College authority (identified below) in order to determine the next appropriate course of action or sanction.

Report Procedures. Normally, in reporting cases involving a student as the respondent, the Vice President for Student Affairs will be the relevant authority. In cases involving a faculty member as the respondent, the Provost will be the relevant authority, and in cases involving a staff member, the member of the President’s Senior Staff to whom the individual ultimately reports will be called to hear the facts presented by the MCHC Review Team. If the specifics of a case require one of the above named authorities to recuse himself/herself from a case, one of the other authorities will take the case. If a student is involved as either the complainant or the respondent, then an impartial student observer, a trained member of the Student Conduct Board, will be called to listen to the presentation of the facts. This student observer will observe and, if necessary, ask questions and enter into discussions regarding the procedures followed in the investigation. The student will not participate in a discussion of the facts in the case or their interpretation. If there are concerns about procedural errors, they may be remedied before the sanctions phase.

Sanctions
Sanctions may range from reprimands or training to immediate termination of employment or expulsion.

Upon completion of the fact-finding report, the MCHC Review Team and the relevant College authority will immediately meet and make a determination regarding the case including any sanctions that are warranted. Past records will normally be reviewed only at the sanctioning phase of the investigation.

The relevant College authority will also prepare a written “Case Determination” that describes the decision and sanctions in detail. This document must indicate whether any record is to be placed in the respondent’s personnel file and if so, the precise statement is to be attached to the document and will be included in the case file kept by the MCHC. The College authority will then meet with the respondent to inform her or him of the decision and provide a copy of the Case Determination and any attachment. In most cases, the complainant will be made aware of the outcome of the case.

When a severe sanction against a faculty member is recommended, a hearing must first be held and conducted according to the rules stipulated by the American Association of University Professors (AAUP). A hearing will take place before the Faculty Personnel Committee. A members who finds it necessary to recues him or herself will be replaced by available former members of the Committee with preference given to those having served most recently. In the case of sanctions against a member of any collective bargaining unit, contractual grievance and arbitration procedures will remain available to the employee.

Appeal
If the complainant or the respondent believes an adverse decision was the result of improper procedure, an appeal may be brought on those procedural grounds. The fourth member of the MCHC, who was not involved in the case, plus the Chair of the Sexual Assault/Hate Crime Review Committee, will hear the appeal and make a ruling about procedural compliance. In cases involving students, the student observer of the presentation of the facts of the case will normally be called on by the committee before a judgment is rendered. If the committee determines that procedural errors warrant reopening the case, the appeal will be granted and the case returned to the MCHC Review Team. The decision of these two people is final.

MCHC Record Keeping
The MCHC is responsible for keeping secure records of every case. These records will be accessible to the MCHC members only and only in the circumstances described below. No other records or reports should be created or kept anywhere unless specifically ordered by an administrative officer as part of a sanction, e.g., a reprimand placed in a personnel file. Two different types of records will be kept as described below.

Case Files
The MCHC will create a file for each complaint received. This file is to be kept in a secure place in the Administration Building and accessible only by an authorized member of the MCHC. The file will be numbered and will contain the following information.

1. Names of complainant(s) and respondent(s)
2. Whether complaint(s) and/or respondent(s) were involved in prior complaints
3. Nature of complaint and time period or dates of occurrence(s)
4. Outcome including final report (mediation contract, dismissal, sanction, other)

Once the case has been completed, the file will be closed and stored in a secure archive of prior cases accessible only to the MCHC when a new case involves someone who has been involved in a prior case. The termination of whether prior cases exist will be accomplished using the Master Record Summary.

Master Record Summary
The names of all parties involved in a case will also be entered into a master spreadsheet indicating the date the case was opened, the date the case was completed, and file number. If a sanction was administered to someone, it should be noted, including the dates the sanction is to be in effect, e.g., probation period, etc. This Master Record Summary is to be kept in a secure place accessible to the MCHC only. It is to be consulted by an MCHC member in charge of a new case to determine if the complainant or respondent has been involved in any prior case. If yes, then the case manager may open and examine that file as part of the process of assessing the current case and may include information about prior incident in any final report if deemed appropriate.

Normally, records and files will be kept for seven years after an individual has left the College.

(The procedures described in this policy are intended as guidelines describing how harassment complaints will typically be handled. The College reserves the right to vary from these procedures based upon its evaluation of the circumstances of each matter.)

Temporary Emergency Action

1. When the Vice President of Student Affairs/Dean of Students, the Provost or the Director of Human Resources believes that the behavior of a member of their constituency seriously threatens a member of the community, that College Official may take emergency action. The Official is authorized to respond to the situation and may impose sanctions.
2. In deciding to bring such emergency action the Official may consult with other officials, including the President. Such actions are temporary and binding pending the final evaluation of the complaint by the Macalester College Harassment Committee.

These procedures are not intended to provide parties the same rights which may be available in civil or criminal legal proceedings. - December 1993

Exceptions
These procedures do not apply if policies, practices and procedures exist elsewhere for specific complaints unless discrimination or harassment is alleged to be involved. Examples of this for faculty include tenure, salary and reappointment decisions. Examples of this for students include issues covered by the academic petition procedure. Examples of this for staff include pay grade change, salary, performance review and termination decisions. These procedures do not involve members of collective bargaining units. Members of the College Community with a complaint against a member of a collective bargaining unit should consult with the Human Resources Department. Complaints by members of collective bargaining units against non-union members also will not proceed under these procedures. The members of the Macalester College Harassment Committee serve as the community members responsible for assisting in the determination of the appropriate procedures.

Sensitivity and Protection from Reprisal
The College is aware of the importance of handling allegations of racial harassment, sexual harassment and sexual assault with sensitivity and to the degree possible, privacy. There will be no reprisals against an individual or individuals filing a complaint, no matter what process is used for resolution.

Additional Procedures for reporting and responding to Sexual Assault

Reporting
All survivors are encouraged to report the incident immediately to a member of the Macalester College Harassment Committee (the Dean of Students is the typical intake member for students) or Campus Security. Reporting the incident allows College personnel to assist with providing services for psychological and medical attention, and other available support. The Macalester College Harassment Committee and Campus Security staff will encourage and help the victim file a complaint with the St. Paul Police, when requested. Reporting an incident to the Macalester College Harassment Committee or Campus Security does not mean an automatic report to the police or referral to the College disciplinary procedures. A member of the Macalester College Harassment Committee will explain the procedural options available to the victim.

The College is required by the Student Right to Know and Campus Security Act of 1990 to make public the statistics of certain crimes occurring on campus. The Director of Environmental Safety and Security is the College’s designee for compiling the number of sexual offenses that occur on College property. Victims of sexual offenses and College personnel are to report knowledge of sexual violence occurring on campus property to the Director of Environmental Safety and Security. The Director uses the information only for compiling the numbers. The Chaplain, licensed counselors and licensed medical staff can talk about sexual assault and are not obligated to report the incident to the Director.

Responding
As outlined in the procedures above, the College Senior Staff member responsible for the area through which an individual reports (for students this would be the Vice President for Student Affairs) is responsible for final disposition of a case. The Vice President for Student Affairs has designated the Conduct Hearing Board or Conduct Hearing Officer as an option for adjudicating cases of sexual assault. Cases referred to the conduct process will follow the regular procedures outlined elsewhere in this document.

Rights of the Complianant

• To have their complaint taken seriously.
• To receive assistance in formulating a complaint should they wish to pursue one criminally or through campus processes.
• To receive information on campus and community services.
• To have a meeting/interview that includes:
  • An opportunity to review all information included in case
  • An explanation of all the options open to the MCHC
  • Clear information on procedures to be followed
  • An explanation of the time table involved
  • Identity of MCHC members involved in case
• To have the respondent removed from the complainants classes and residence hall environment pending an outcome of campus processes.
• To present information on their own behalf, including written and oral statements and physical exhibits.
• To know all information of the case.
• To have a member of the faculty, staff or student body serve as an advisor throughout the process.
• To present witnesses who are familiar with information pertinent to the case.
• To receive a timely written decision.
• To have confidentiality as provided by the Family Educational Rights and Privacy Act.
• To an appeal or review of the original decision.

Rights of the Respondent

• To have a meeting/interview with a member of the MCHC that includes:
  • An explanation of specific charges
  • An opportunity to review all information to be considered in the case
  • An explanation of all the options considered in case
  • Identity of MCHC members involved in case
  • An explanation of the time table involved
• To decline to make self-incriminating statements or to answer questions with the understanding that to do so shall not be interpreted as evidence of guilt.
• To present information on their own behalf, including written and oral statements and physical exhibits.
• To know all information presented against them.
• To have a member of the faculty, staff or student body serve as an advisor throughout the process.
• To present witnesses who are familiar with information pertinent to case.
• To receive a timely written decision.
• To have confidentiality as provided by the Family Educational Rights and Privacy Act.
• To an appeal or review of the original decision.

Victims Services

All victims have access, when appropriate, to the following services and assistance:

• File criminal charges with local law enforcement.
• Assistance by Macalester authorities upon request by the victim, including notifying law enforcement agencies.
• Contact the Minnesota Crime Victim Ombudsman for assistance. The Ombudsman helps to ensure a victim's rights are safeguarded.
• Contact the Minnesota Crime Victims Reparation Board. The Board may provide monetary compensation for certain crime victims.
• An investigation and resolution of complaints of sexual violence through the Macalester disciplinary and judicial procedures.
• The victim's participation in and the presence of the victim's attorney or other support person at any campus disciplinary proceeding.
• Notice of outcome of a disciplinary hearing consistent with state and federal law and Macalester procedures.
• Assistance of Macalester authorities in obtaining and maintaining evidence.
• Assistance of Macalester authorities in preserving materials relevant to a campus disciplinary hearing.
• Change of victim's on-campus housing and classroom schedule, if those changes are requested by the student and are reasonably available.

Resources for Victims

On-Campus Resources
Dean of Students Office (651) 696-6220
Safety and Security Office (651) 696-6555
Terry Gorman Director
Robbie Seals Account Manager
Mediation Advisors
Macalester College Harassment Committee
Contact the Dean of Students Office for more information (651) 696-6220
Residential Life Office (651) 696-6215
Director of Campus Life (651) 696-6323
Safe Walk Program (651) 696-6699
Winton Health Services
Counseling (651) 696-6275
Medical (651) 696-6275

Off-Campus Resources
Crime Victims Ombudsman (651) 642-0397
Crime Victims Reparation (651) 642-0395
Sexual Offense Services (crisis line) (651) 643-3006
St. Paul Police 911
St. Paul Regions Hospital (651) 221-2121