Revised August 2016

This policy outlines Macalester College’s community expectations to ensure a campus free from sexual violence, the steps for recourse for those individuals whose rights may have been violated, and the procedures for determining a violation of College policy. This policy discusses “sexual misconduct,” which refers to all forms of sex discrimination, including sexual and gender-based harassment, sexual assault, sexual exploitation, stalking, dating/intimate-partner violence, and domestic violence.

This policy is distributed annually to all students and employees of the College and is posted in the following locations:

This policy also will be provided by the College to any student, employee, or other individual who reports to the College that they have been a victim of sexual misconduct.   

SCOPE OF THE POLICY

This policy applies to all Macalester College community members, including students, faculty, administrators, staff, volunteers, vendors, independent contractors, visitors, and any individuals regularly or temporarily employed, studying, living, visiting, conducting business or having any official capacity with the College or on College property. This policy applies regardless of the sexual orientation or gender identity of any of the parties.

All Macalester College community members are required to follow College policies and local, state, and federal law. This policy applies to conduct occurring on Macalester College property or at College-sanctioned events or programs that take place off campus, including study abroad and internships.  In addition, this policy applies to off-campus conduct that the College determines may cause or threaten to cause an unacceptable disruption at the College or which may interfere with an individual’s right to a non-discriminatory educational or work environment.

Sections of this Policy:
Macalester Community Expectations
Definition of Terms Included in Policy
Consent, Coercion, and Incapacitation
Confidentiality
Immediate and Ongoing Assistance Following an Incident of Sexual Misconduct
Reporting Sexual Misconduct
General Provisions for Complaint Resolution Process
Procedures for Sexual Misconduct Complaint Resolution
Appeal of Decision
Record Keeping
No Retaliation
Complaints of Retaliation, Violation of Interim Measures, and Violation of Sanctions
Alternative Procedures
Resources

MACALESTER COMMUNITY EXPECTATIONS

Macalester College seeks to create an environment in which the greatest academic potential of students and professional potential of employees may be realized. In order to create and maintain such an environment, all who work and learn at the College are responsible for ensuring that the community is free from discrimination based on sex or gender, including sexual harassment, sexual assault, stalking, domestic violence, dating/intimate-partner violence, and other forms of sexual misconduct. These behaviors threaten our learning, living, and work environments and will not be tolerated.

All members of the College community are expected to engage in behaviors that support the values of the College and that do not infringe upon the rights of others and assist in creating a safe, welcoming and respectful campus environment. In particular, the College expects that all Macalester community members will take reasonable and prudent actions to prevent or stop an act of sexual misconduct. Taking action may include direct intervention when it is safe to do so, enlisting the assistance of friends or a person in authority, or contacting law enforcement. College community members are expected to educate themselves about such behavior and be vigilant in protecting the right to an environment free of sexual misconduct, including sexual harassment, sexual assault, stalking, domestic violence, and dating/intimate partner violence.

College Response

Macalester College encourages the prompt reporting of any incident of sexual misconduct to the College and to local law enforcement. Upon receipt of a report or complaint, the College will take prompt and effective action to provide appropriate interim remedies, provide support for individuals who report having experienced sexual misconduct or who seek assistance, address safety of individuals involved and the campus community, and implement the processes for resolution as outlined in this policy in the “Procedures for Sexual Misconduct Complaint Resolution” section.

The response of the College will vary depending on the circumstances, including the severity or pervasiveness of the offense, the threat it poses to the community, and other relevant factors. See the Procedures for Sexual Misconduct Complaint Resolution below. Because behavior that violates this policy may also be a violation of law, any individual who has been subjected to sexual assault or harassment is also encouraged to consider criminal or civil legal options. An individual may also file a complaint with the U.S. Department of Education’s Office for Civil Rights.

Retaliation against any person or group who makes a complaint, cooperates with an investigation, or participates in a complaint resolution process is a violation of College policy. Retaliation should be reported promptly to the College for investigation.

Notice of Non-Discrimination

In complying with the letter and spirit of applicable state and federal laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, The Age Discrimination in Employment Act, and The Americans with Disabilities Act and ADA Amendments, and in pursuing Macalester College's own goals of diversity and inclusion, College employees shall not discriminate on the grounds of sex, gender identity, race, color, national origin, age, religion, disability, marital status, membership or activity in a local human rights commission, family genetics and medical history, veteran status, sexual orientation, and status with regard to public assistance in employment policies and practices, education, and all other areas of the College. This policy applies to all employment practices and terms and conditions of employment, including but not limited to promotions, transfers, compensation, terminations, training and participation in College sponsored benefits or programs.

In accordance with Title IX, this policy addresses the College’s prohibition of all forms of sex discrimination, including sexual assault and sexual harassment. Macalester College does not discriminate on the basis of sex or gender in its educational, extracurricular, athletic, or other programs or in the context of admissions or employment. Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, a federal law that provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Sexual harassment is a form of sex discrimination. Sexual harassment includes a variety of unwelcome behavior of a sexual nature, including gender-based harassment, sexual violence, and sexual assault.

Macalester College will not tolerate sexual misconduct in any form. The College will promptly and equitably respond to all reports of sexual misconduct in order to eliminate the misconduct, prevent its recurrence, and address its effects on any individual or the community.

Inquiries or complaints about Title IX, sex discrimination, sexual harassment, or other forms of sexual misconduct may be directed to the College’s Title IX Coordinator:

Karla Benson Rutten
Title IX Coordinator and Director of Equity
243 Campus Center
Telephone: 651-696-6258
Email: benson@macalester.edu

Inquiries or complaints may also be directed to the U.S. Department of Education’s Office for Civil Rights:

The Office of Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: (800) 421-3481
Facsimile: (202) 453-6012 TDD#: (800) 877-8339
Email: OCR@ed.gov
http://www.ed.gov/ocr

Consensual Relationship Policy

Relationships between a faculty member and a student, a student and a staff member, or a supervisor and employee (including student supervisors and student employees) are considered professional, whereby the initiation of a sexual or romantic relationship is against college policy. Anyone who engages in a sexual or romantic relationship where a degree of power or authority exists must understand that the degree to which such a relationship is truly mutually consensual can be questioned.

The power differential inherent in faculty/student, staff/student, and supervisor/employee relationships compromises the subordinate's ability to freely decide. The respect and trust accorded a professor by a student, as well as the power exercised by the professor in giving praise or blame, grades, recommendations for further study and future employment, greatly diminish the student's actual freedom of choice should sexual favors be included among the professor's demands or requests. The same is true with respect to a staff member and student, and a supervisor and employee.

Faculty and staff members (including student employees) involved in a pre-existing romantic or sexual relationship with a student or employee for whom the faculty or staff member has a supervisory or academic responsibility or who is otherwise under the direction of the faculty or staff member must promptly report the relationship to their supervisor. Upon receiving notice, the College will make alternative staffing arrangements and such other additional arrangements as are necessary under the circumstances.

DEFINITION OF TERMS INCLUDED IN POLICY

Victim refers to an individual who is alleged to have been subject to conduct that violates this policy.

Accused refers to an individual who has been accused of prohibited conduct under this policy.

Complainant refers to the individual filing a complaint with the College under the Sexual Misconduct Policy.  The complainant will be the person who alleges that they have been subjected to sexual misconduct.

Respondent refers to the individual named as the accused in a complaint resolution process with the College under the Sexual Misconduct Policy.

Third party refers to any other participant in the process, including a witness to the incident or an individual who makes a report on behalf of someone else.

A report is an account of the sexual misconduct that has allegedly occurred that could be provided to the College by the complainant, a third party, or an anonymous source.

A complaint is an alleged policy violation that begins a complaint resolution process as set forth in the Procedures for Sexual Misconduct Complaint Resolution. 

The Title IX Coordinator is the designated staff member of the College with primary responsibility for coordinating College Title IX compliance efforts, including the College’s efforts to end sexual misconduct, prevent its recurrence, and address its effects. The Title IX Coordinator oversees and monitors the College’s overall compliance with Title IX-related policies and developments; the implementation and oversight of grievance processes and procedures, including review, investigation, and resolution of reports of sexual misconduct; and the provision of educational materials and training for the campus community.

 Responsibilities of the Title IX Coordinator include:

  • Ensuring College policies and procedures and relevant state and federal laws are followed;
  • Advising any individual, including a complainant, a respondent or a third party, about the courses of action available at the College and in the community;
  • Assisting any College employee regarding how to respond appropriately to a report of sex discrimination, sexual harassment, sexual assault, stalking, domestic violence, or dating/intimate partner violence;
  • Monitoring full compliance with all procedural requirements and time frames outlined in this policy;
  • Evaluating allegations of bias or conflict of interest relating to procedures outlined in the policy;
  • Determining whether grounds for appeal under this policy have been stated in submitted appeals;
  • Ensuring that appropriate training, prevention and education efforts, and periodic reviews of climate and culture take place;
  • Coordinating the College’s efforts to identify and address any patterns or systemic problems revealed by reports and complaints; and
  • Assisting in answering any other questions related to this policy.

The Title IX Bias and Harassment Team includes appointed staff and faculty designees who have a shared responsibility for consulting with and supporting the Title IX Coordinator and may serve as the Coordinator’s designee. Members of the team may also be called upon to investigate or adjudicate complaints of sexual misconduct, bias, or harassment; review appeals of decisions; and/or facilitate informal resolutions to conflicts or complaints.

Retaliation is adverse action taken
against a person for making a good faith report of a violation of this policy, for supporting another person’s report, or because of the person’s participation in a complaint or investigation of sexual misconduct. Retaliation includes, but is not limited to, any form of intimidation, threats, coercion, reprisal, or harassment.

Sexual Misconduct includes sex discrimination, sexual harassment, sexual exploitation, dating/intimate partner violence, domestic violence, stalking,[1] and all forms of sexual assault. Sexual assault is a criminal act under Minnesota state law. Links to Minnesota Statues concerning sexual violence can be found at http://www.mncasa.org/mn-sexual-violence-laws. The requirements of this sexual misconduct policy apply regardless of sexual orientation, gender identity, gender expression, age, race, nationality, class status, ability, religion, or physical appearance.

[1] Some instances of dating/intimate partner violence, domestic violence, and stalking may not be sexual in nature. For purposes of this policy, the term “sexual misconduct” encompasses all instances of dating/intimate partner violence, domestic violence, and stalking (as those terms are defined in this policy), regardless of whether there is a sexual component to the behavior.

A. Sex or Gender Discrimination

Sex or gender discrimination is conduct based upon an individual’s sex or gender that excludes an individual from participation, denies the individual the benefits of, treats the individual differently, or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a program or activity. Sex or gender discrimination encompasses all forms of sexual harassment, sexual violence, differential treatment, and gender-based harassment.

B. Sexual Harassment

Sexual harassment is a form of sex discrimination which is illegal under Title VII of the Civil Rights Act of 1964 and Title IX of The Education Amendments of 1972. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, offensive comments or other conduct based on sex or gender, sexually motivated physical contact, or other verbal, nonverbal, or physical conduct or communication of a sexual nature, including sexual violence, when:

  • submission to that conduct is made, either explicitly or implicitly, a term or condition of an individual’s educational experience or employment, or the individual’s submission or rejection of such conduct is used as the basis of an educational program or activity decision or employment decision affecting such individual; or
  • such conduct has the purpose or effect of substantially and unreasonably interfering with an individual's employment or education, or of creating an intimidating, hostile, or offensive employment or educational environment

At Macalester, sexual harassment includes any sexual or gender-based verbal, written, or physical conduct that is unwanted and/or unreasonably interferes with or deprives someone of academic, social or work-related access, benefits, or opportunities in the College community or creates an environment that interferes with the wellbeing and/or success of an individual.

Types of sexual harassment:

1. Hostile Environment: Includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent, and clearly/objectively offensive that it alters the conditions of education or employment, from both a subjective (the victim’s) and an objective (reasonable person’s*) viewpoint.

The circumstances to determine whether an environment is “hostile” could include:

  • The frequency of the conduct.
  • The nature and severity of the conduct.
  • Whether the conduct was physically threatening.
  • The effect of the conduct on the victim’s mental or emotional state.
  • Whether the conduct was directed at more than one person.
  • Whether the conduct arose in the context of other discriminatory conduct.
  • Whether the conduct unreasonably interfered with the victim’s educational or work performance.
  • Whether the statement is an utterance of an epithet which engenders offense in an employee or student, or offends by rudeness.
  • Whether the speech or conduct deserves the protections of academic freedom.
  • * Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim

2. Quid pro quo sexual harassment is unwanted sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct results in adverse educational or employment action. Examples of quid pro quo sexual harassment include, but are not limited to:

  1. Punishing or threatening to punish a refusal to comply with a sexual-based request
  2. Offering a benefit (such as a grade, promotion, or athletic participation) in exchange for sexual favors or other verbal or physical conduct of a sexual nature.

3. Other examples of sexual harassment:

Not all workplace or educational conduct that may be described as inappropriate affects of the terms, conditions or privileges of employment or education. Some examples of sexual harassment include, but are not limited to:

  1. Requests for sexual favors.
  2. Verbal abuse of a sexual nature or obscene language.
  3. Gender- or sexually-oriented jokes and comments.
  4. Displaying derogatory or sexually suggestive pictures or other objects in an office, on the exterior of a residence hall door, or on a computer monitor in a public space.
  5. “Rating” individuals’ bodies and sex appeal, commenting suggestively about their clothing and appearance, or other verbal commentary about an individual’s body.
  6. Visual conduct such as leering or making gestures.
  7. Gossip about sexual relations.
  8. Repeated and unwelcome sexual flirtations, attention, or advances.

C. Dating/Intimate Partner Violence

Dating/intimate partner violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined based on the statement of the individual alleging the dating/intimate partner violence and with consideration of the following factors:

  • the length of the relationship;
  • the type of relationship; and
  • the frequency of interaction between the persons involved in the relationship.

Dating/intimate partner violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating/intimate partner violence does not include acts covered under the definition of domestic violence.

Dating/intimate partner violence is also prohibited by Minnesota law. See Minnesota Statutes Section 518B.01.

D. Domestic Violence

Domestic violence includes felony or misdemeanor crimes of violence committed by

  • a current or former spouse or intimate partner of the victim
  • a person with whom the victim shares a child in common
  • a person who is a current or former cohabitant of the victim as a spouse or intimate partner
  • a person similarly situated to a spouse of the victim under Minnesota’s domestic or family violence law, or
  • any other person against an adult or youth victim who is protected from that person’s acts under applicable domestic or family violence laws of Minnesota (or, if the crime occurred outside of Minnesota, the jurisdiction in which the crime of violence occurred).  In addition to the relationships described above, Minnesota law defines domestic violence to include violence committed between parents and children, blood relatives, persons who are presently residing together or who have resided together in the past, persons involved in a significant romantic relationship; and a man and woman, if the woman is pregnant and the man is alleged to be the father.

Domestic violence is also prohibited by Minnesota law. See Minnesota Statutes Section 518B.01.  While not exhaustive, the following are examples of conduct that can constitute domestic violence: (1) physical harm, bodily injury or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats, criminal sexual conduct, or interference with an emergency call. 

E. Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for their safety or the safety of others; or (2) to suffer substantial emotional distress.

  • Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through others (by any action, method, device, or means), follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property.
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Stalking behavior includes, but is not limited to:

  • Repeated, unwanted and intrusive communications by phone, mail, text message, email and/or other electronic communications, including social media.
  • Repeatedly leaving or sending the victim unwanted items, presents or flowers.
  • Following or lying in wait for the victim at places such as home, school, work or recreational facilities.
  • Making direct or indirect threats to harm the victim or the victim’schildren, relatives, friends or pets.
  • Damaging or threatening to damage the victim’s property.
  • Repeated posting information or spreading rumors about the victimon the internet, in a public place, or by word of mouth that would cause a person to feel threatened or intimidated.
  • Unreasonably obtaining personal information about the victim.

Stalking is also prohibited by Minnesota law. See Minnesota Statutes Section 609.749.  As defined by Minnesota law, stalking means “to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim.”

F. Sexual Exploitation

Sexual exploitation occurs when: (1) a person takes non‐consensual or abusive sexual advantage of another (2) for their own advantage or benefit or to benefit or advantage anyone else (3) and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • Prostituting another person.
  • Video- or audio‐taping of sexual activity without consent.
  • Going beyond the boundaries of consent (e.g., letting your friends hide in the closet to watch you having consensual sex).
  • Voyeurism
  • Exposing one’s genitals or inducing another to expose their genitals in non-consensual circumstances.
  • Knowingly transmitting a sexually transmitted disease or sexually transmitted infection to another person.
  • Possession of child pornography. (Possession of child pornography must be reported immediately in accordance with the Macalester Policy on Reporting Suspected Child Abuse.)
  • Posting sexually explicit photos or videos in public or on social media sites or other distribution of such photos or videos without consent.

G. Sexual Assault

Sexual assault is any actual or attempted sexual contact with another person without that person’s consent.  As used in this policy, sexual contact includes intentional contact by the accused with the victim’s genital area, groin, inner thigh, buttocks, or breasts, whether clothed or unclothed, or coerced touching by the victim of another’s genital area, groin, inner thigh, buttocks, or breasts, whether clothed or unclothed.  Sexual assault includes, but is not limited to, an offense that meets any of the following definitions:

  • Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, oral penetration by a sex organ of another person, or oral contact with the sex organ of another person, without consent.
  • Fondling: the touching of the private body parts (including the genital area, groin, inner thigh, buttocks, or breast) of another person for the purpose of sexual gratification, without consent.
  • Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory rape: sexual intercourse with a person who is under the statutory age of consent; in Minnesota the age of consent is 16.

Sexual assault is a crime under Minnesota law. See Minnesota Statutes Section 609.341 et seq.  As defined by Minnesota law, criminal sexual conduct includes non-consensual sexual contact and non-consensual sexual penetration as those terms are defined in Minnesota Statutes Section 609.341.

Consent is words or overt actions by a person that clearly and affirmatively communicates a freely given agreement to perform a particular sexual act at the time of the act.  Words or overt actions clearly communicate consent when a reasonable person in the circumstance would believe those words or actions indicate a willingness to participate in a mutually agreed-upon sexual activity.  Although consent does not need to be verbal, verbal communication is one of the most reliable forms of asking for and obtaining consent. It is the responsibility of the person initiating the specific sexual activity to obtain consent for that activity.

The conditions of obtaining consent are subject to the following:

  • Consent can only be given if one is of legal age.  In Minnesota, the legal age of consent is 16 years old.
  • Consent is a mutually understood and freely given “yes,” not the absence of “no.”
  • Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.
  • Consent can be withdrawn at any time.  When consent is withdrawn, the sexual activity for which consent was initially provided must stop.
  • Silence or failing to resist does not imply consent.
  • Previous relationships or previous consent does not imply consent to future sexual acts.
  • An existing sexual, romantic, or marital relationship does not imply consent.
  • Prior sexual activity with other individuals does not imply consent.
  • Consent cannot be obtained, explicitly or implicitly, by use of force, intimidation, threats, or coercion.
  • There can be no consent to sexual activity with someone known to be—or who should be known to be—mentally or physically incapacitated.
  • Use of alcohol or other drugs will never function to excuse behavior that violates this policy.
  • Macalester has a Consensual Relationship policy that prohibits romantic, intimate, or sexual relationships involving persons of unequal power (i.e., college staff or faculty with students; supervisors with employees), even when it may appear that consent is present.

Coercion refers to intimidation that would compel an individual to do something against their will by the use of psychological pressure, physical force, or threats of severely damaging consequences. Coercion is more than an effort to persuade or attract another person to engage in sexual activity.  Coercive behavior differs from seductive behavior based on the degree and type of pressure someone used to get consent from another.

Incapacitation means the physical and/or mental inability to understand the fact, nature, or extent of the sexual situation.  Incapacitation may result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, or from the influence of drugs or alcohol.  With respect to incapacitation due to alcohol or other drug ingestion, incapacitation requires more than being under the influence of alcohol or other drugs; a person is not incapacitated just because they have been drinking or using other drugs.  Where alcohol or other drugs are involved, incapacitation is determined based on the facts and circumstances of the particular situation, looking at whether the individual was able to understand the fact, nature, or extent of the sexual situation;whether the individual was able tocommunicate decisions regarding consent, nonconsent, or the withdrawal of consent; and whether such condition was known or reasonably known to the accused or a reasonable person in the accused’s position. Use of drugs or alcohol by the accused is not a defense against allegations of sexual misconduct and does not diminish personal accountability or criminal liability.

CONFIDENTIALITY

The College is committed to protecting the privacy of all individuals involved in a report of sexual misconduct (including sexual harassment, sexual assault, stalking, domestic violence, or dating/intimate partner violence). The College encourages individuals who believe they have experienced sexual misconduct to talk to someone about what happened. Privacy and confidentiality have distinct meanings under this policy, and different people on campus have different legal reporting responsibilities, and different abilities to maintain privacy or confidentiality, depending on their roles at the College.

In making a decision about whom to contact for support and information, it is important to understand that most College employees are not confidential resources, and are therefore obligated to report to the College any information they receive about sexual misconduct.  Persons who have experienced sexual misconduct are encouraged to consider the following information in choosing whom to contact for information and support.

Confidential Communications and Resources

The College recognizes that some individuals may wish to keep their concerns confidential.  Confidential communications are those communications which legally cannot be disclosed to another person, without the reporter’s consent, except under very limited circumstances such as allegations involving the physical or sexual abuse of a child (under the age of 18) or vulnerable adult or an imminent threat to the life of any person. Individuals who desire the details of sexual misconduct to be kept confidential should speak with a medical professional, professional counselor, minister or other pastoral counselor, or trained victims’ advocates. These resources include:

A person who speaks to a confidential resource should understand that, if the person does not report the concern to the College, the College will be unable to provide certain interim actions or protective measures that would require involvement from the College (such as issuing a no-contact directive) or conduct an investigation into the particular incident, or pursue disciplinary action.

Non-Confidential Communications

Non-confidential communications are those communications with any College employee who is not a confidential resource as identified above.  Only confidential resources can promise confidentiality.  All other College employees who become aware of incidents or allegations of sexual misconduct have a responsibility to report the matter to the Title IX Coordinator.  Allegations of policy violations will be considered private and will only be shared with other College employees on a need to know basis. The allegations will not be shared with law enforcement without the consent of the individual who has alleged the sexual misconduct.

College employees who are not confidential resources will strive to remind an individual of their reporting obligations before the individual has disclosed a situation that requires reporting to the Title IX Coordinator.

Requests for Confidentiality or Non-Action

The College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation made by the individual who has alleged the sexual misconduct, however, the scope of the response by the College may be impacted or limited based on the nature of the individual’s request.  The Title IX Coordinator may determine that the individual’s request for confidentiality or no action cannot be honored.  In this instance, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will inform the individual about the chosen course of action, which may include an investigation of the incident(s) reported, and may, at the individual’s request, communicate to the accused that the individual asked the College not to investigate and that the College determined it needed to do so.  Alternatively, action could include steps to limit the effects of the alleged misconduct and prevent its recurrence that do not involve an investigation or formal disciplinary action against the accused or revealing the identity of the individual who has alleged the sexual misconduct.  In order to protect the rights and safety of this community, the College reserves the right to take whatever measures deemed necessary in response to an allegation of sexual misconduct.  While the College cannot guarantee confidentiality, it will strive to accommodate the individual’s requests to the extent possible consistent with the legal obligations of the College to respond effectively to reports.

Clery Act Reporting and Timely Warning 

As required by state and federal law, the College includes statistics about certain offenses in its annual security reports and provides those statistics to the United States Department of Education and the Minnesota Office of Higher Education in a manner that does not include any personally identifying information about individuals involved in an incident.  In addition, the Clery Act requires the College to issue a crime alert (timely warning) to the campus community about certain reported offenses which may represent a serious or continuing threat to students and employees.  The timely warning may include that an incident has been reported, general information surrounding the incident, and how incidents of a similar nature might be prevented in the future. The timely warning will not include any identifying information about the individual who has alleged the sexual misconduct.

All College processes are conducted in compliance with the requirements of the Family Educational Rights and Privacy Act (FERPA), the Clery Act, Title IX, and state and federal law. No information shall be released from such processes except as required or permitted by law and College policy.

IMMEDIATE AND ONGOING ASSISTANCE FOLLOWING AN INCIDENT OF SEXUAL MISCONDUCT

The College will seek to support any person adversely impacted by sexual misconduct.  Both the College and the Twin Cities community provide a variety of resources to assist and support individuals who have experienced sexual misconduct or are affected by allegations of sexual misconduct. These resources, both immediate and ongoing, are available to all persons irrespective of their decision to report to the College or to law enforcement.  Contact information for on- and off- campus resources (including confidential resources) who can provide an immediate response in a crisis situation, including assisting with obtaining needed resources and explaining reporting options, is listed in the Resources section at the end of this policy and on the College’s website.  Emergency numbers and information about health care options are also listed in the Resources section at the end of this policy and on the College’s website.

Support services that may be available include, but are not limited to, connecting the individual with appropriate, fair, and respectful on-campus and off-campus counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and support services; making changes to academic, living, transportation, and/or working arrangements; assistance in filing a criminal complaint; and providing information about restraining orders and other available protections and services.  Additional information about ongoing assistance is in the Interim Actions and Protective Measures section below.  To receive information about obtaining support services, individuals should contact the Title IX Coordinator or a confidential resource.

The College will provide written notification to affected individuals about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the College and in the community.  A complete description of College and community resources, both confidential and non-confidential, and additional information regarding what individuals can do if they experience sexual violence is provided in the Resources section at the end of this policy and on the College’s website.  Individuals who believe they have been subjected to any form of sexual misconduct are encouraged to seek support from these resources. 

REPORTING SEXUAL MISCONDUCT

Reports to the College

The College encourages anyone who has experienced sexual misconduct to report the incident to the College.  An individual may provide a report to the College by contacting the following:

  • Title IX Coordinator: Karla Benson Rutten, benson@macalester.edu, 243 Campus Center, 651-696-6258.
  • Campus Security: 651-696-6555.
  • Assistant Vice President of Student Affairs/Dean of Students & Deputy Title IX Coordinator: DeMethra Bradley, dbradley@macalester.edu, 124 Weyerhaeuser Hall, 651-696-6220.
  • Sexual Violence Prevention Program Coordinator & Deputy Title IX Coordinator: Laura Linder-Scholer, 408 Dewitt Wallace Library, 651-696-6807.
  • Online Reporting Form: This anonymous online reporting form is available through the hyperlink and on the College’s Sexual Violence Prevention and Support webpage.

Reports to the College should include as much information as possible, including the names of the individual alleging they have experienced sexual misconduct and the accused, and the date, time, place, and circumstances of the incidents, to enable the College to respond appropriately.  Reports can be made by telephone, via email, or in person.  As discussed below, individuals also have the option to file an anonymous report using the College’s anonymous online reporting form

Statistics relating to reports to the College of certain criminal offenses will be represented in the annual crime statistics published by the College as required by state and federal law.

Employee Reporting of Sexual Misconduct

In order to enable the College to respond effectively and to prevent future instances of sexual misconduct, all College employees who are not confidential resources, who obtain or receive information regarding a possible violation of this policy must report that information to the Title IX Coordinator. Student employees who receive such information in the course of their work position or duties[2] also must report the to the Title IX Coordinator. Reports should be made as soon as possible and should include all relevant details needed to assess the situation. This includes, to the extent known, the names of the accused, the individual alleged to have experienced the sexual misconduct, other individuals involved in the incident, as well as relevant facts, including the date, time, and location. Employees who receive such reports should not attempt to “investigate” the allegation or require the individual reporting the incident to provide all of the details surrounding the alleged misconduct. To the extent the individual reporting the incident provides details, that information should be provided to the Title IX Coordinator. Upon receiving a report of alleged or possible sexual misconduct, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will evaluate the information received and determine what further actions should be taken consistent with the “Procedures for Sexual Misconduct Complaint Resolution” section and this policy.

[2] Certain student employees (e.g., resident assistants, building managers when on duty, course preceptors, student mentors) always have a duty to report information they have about reported sexual misconduct to the Title IX Coordinator.

Anonymous Reports

The College will accept anonymous reports of sexual misconduct.  Reports may be filed anonymously using the College’s anonymous online reporting form without requesting further action from the College.  The individual making the report is encouraged to provide as much detailed information as possible to allow the College to investigate the report and respond as appropriate.  The College may be limited in its ability to investigate an anonymous report unless sufficient information is furnished to enable the College to conduct a meaningful and fair investigation.

Reports to Law Enforcement

Individuals who believe they may have been subjected to criminal sexual misconduct are strongly encouraged to notify local law enforcement authorities and will be assisted by campus authorities in notifying law enforcement authorities, if the individual so chooses.  Individuals also have the option to decline to notify such authorities.  Reporting to law enforcement is not necessary for the College to proceed with an investigation.

Restraining Orders, Orders for Protection, and No-Contact Directives

Harassment restraining orders and orders for protection are legal orders issued by a state court which forbid someone from harassing and/or making contact with another.  A harassment restraining order is a civil court order issued against an alleged harasser, regardless of the relationship between the alleged harasser and the alleged victim, which orders the harasser to stop harassing the victim and/or to have no contact with the victim.  An order for protection is a civil court order that protects one family or household member from domestic abuse by another family or household member. Petition forms to apply for harassment restraining orders or to seek an order for protection are available at the Court Administration Office located at the Ramsey County Courthouse or online from the Minnesota Judicial Branch website.  For more information and assistance, individuals should contact the Title IX Coordinator. 

A no-contact directive is a College-issued directive that prohibits one or both parties from communication or contact with another.  No-contact directives may be mutual or one-sided.  Generally, no-contact directives issued pending the outcome of an investigation will be mutual and serve as notice to both parties that they must not have verbal, electronic, written, or third party communication with one another. To request a no-contact directive from the College, individuals should contact the Title IX Coordinator.

Crime Victims Bill of Rights

As required by state law, victims of crime must be informed of their rights under the Crime Victims Bill of Rights. The following is a summary of crime victims’ rights under Minnesota law.

When a crime is reported to law enforcement, victims have the right to:

  • Request that their identity be kept private in reports available to the public;
  • Be notified of crime victim rights and information on the nearest crime victim assistance program or resource;
  • Apply for financial assistance for non-property losses related to a crime;
  • Participate in prosecution of the case, including the right to be informed of a prosecutor’s decision to decline prosecution or dismiss their case;
  • Protection from harm, including information about seeking a protective or harassment order at no cost;
  • Protection against employer retaliation for taking time off to attend protection or harassment restraining order proceedings; and
  • Assistance from the Crime Victims Reparations Board and the Commissioner of Public Safety.

Victims of domestic abuse also have the right to terminate a lease without penalty.  Victims of sexual assault have the right to undergo a confidential sexual assault examination at no cost, make a confidential request for HIV testing of a convicted felon, and are not required to undergo a polygraph examination in order for an investigation or prosecution to proceed.  In cases of domestic abuse and violent crime where an arrest has been made, victims also have the right to be provided notice of the release of the offender, including information on the release conditions and supervising agency.

Complete information about crime victims’ rights can be found at: https://dps.mn.gov/divisions/ojp/help-for-crime-victims/Pages/crime-victims-rights.aspx.  Information about victims’ rights also is available from the Title IX Coordinator or from the Minnesota Department of Public Safety, Office of Justice Programs.

Waiver of Drug/Alcohol Violations

The College strongly encourages reporting instances of sexual misconduct, including sexual assault, dating/intimate partner violence, domestic violence, and stalking. Consequently, individuals who report such information to the College, and individuals who participate in an investigation into allegations of violations of this policy, will not be disciplined by the College for any violation of its drug and alcohol policies in which they might have engaged in connection with the reported incident. The amnesty provided under this section is separate from and in addition to the amnesty provided under the College’s Community of Care Provision to individuals who seek immediate medical or security assistance for students who health and well-being may be a risk due to the overconsumption of alcohol and/or drugs.

Mandatory Reporting of Child Abuse or Neglect

Any College employee becoming aware of the abuse (physical or sexual) or neglect of a child must report it immediately to Campus Security and the Title IX Coordinator. If an employee is a mandatory reporter under Minnesota law, such individual must also immediately report the abuse or neglect to the local welfare agency or police/sheriff’s department, as required by law. Under Minnesota law, teachers, paraprofessionals, all administration, and support staff in an educational settings are mandatory reporters. See Minnesota Statutes Section 626.556.

Confidential Resources

The College encourages individuals who have concerns to report all incidents of sexual misconduct to the College so that the College can investigate and respond to such reports. As discussed previously, the College recognizes that some individuals may wish to keep their concerns confidential or are not prepared to make a report, but still seek information and support. See the “Confidentiality” section above for more information about confidential versus non-confidential resources.

GENERAL PROVISIONS FOR COMPLAINT RESOLUTION PROCESS

One option available to an individual reporting alleged sexual misconduct is a complaint resolution process. In this process, the individual alleged to have experienced the alleged misconduct is referred to as the complainant, and the individual accused of the alleged misconduct is referred to as the respondent. Complaints of a violation of this policy received by the College will be processed according to the “Procedures for Sexual Misconduct Complaint Resolution” found in the next section. The principles below are applicable to all complaint resolution processes.

Rights of the Complainant and Respondent

In instances where the College moves forward with a complaint resolution process without the participation of the individual who has alleged the sexual misconduct, the individual who is alleged to have experienced the misconduct will have the same rights as provided to a complainant under this policy even if the individual is not named as a complainant.

The complainant and respondent are entitled to:

  • respect, sensitivity, and dignity;
  • appropriate support from the College;
  • privacy to the extent possible based on applicable law and College policy;
  • information on the policy and procedures;
  • the right to participate or decline to participate in the complaint resolution process, with the acknowledgement that not participating, either totally or in part, may not prevent the process from proceeding with the information available;
  • equitable procedures that provide both parties with a prompt, fair and impartial investigation and resolution conducted by officials who receive annual training on conduct prohibited by the policy;
  • notice of the allegations and defenses and an opportunity to respond;
  • an equal opportunity to identify relevant witnesses and other evidence and to suggest possible topics to be covered with witnesses during the formal process;
  • for the complainant, not to be questioned or have evidence considered regarding the complainant’s prior sexual conduct with anyone other than the respondent;
  • for the complainant, to never be treated by campus authorities in a manner that suggests they are at fault for the sexual misconduct or that they should have acted in a different manner to avoid the sexual misconduct;
  • to be free from retaliation;
  • the right to appeal the decision and/or the sanctions;
  • the right to notification, in writing, of the resolution, including the outcome of any appeal.

Additional Rights in Cases Involving Allegations of Sexual Assault, Dating/Intimate Partner Violence, Domestic Violence, or Stalking:  In cases involving allegations of sexual assault, dating/intimate partner violence, domestic violence, or stalking, the following rights will be afforded to the complainant and the respondent in addition to those rights described above. 

  • The complainant and respondent will be provided timely notice of meetings at which the complainant or respondent may be present.
  • The complainant and respondent will be provided timely and equal access to any information that will be used during informal and formal disciplinary meetings during the adjudication phase of the complaint resolution process.
  • The complainant and respondent have the right to the assistance of campus personnel (during and after the complaint process), in cooperation with the appropriate law enforcement authorities, in shielding the complainant or respondent, at their request, from unwanted contact with the complainant or respondent, including but not limited to a college issued no-contact directive, transfer to alternative classes or to alternative college-owned housing, if alternative classes or housing are available and feasible, change in work location or schedule, or reassignment, if available and feasible; and to receive assistance with academic issues
  • The complainant has the right to decide when to repeat a description of an incident of sexual assault, dating/intimate partner violence, domestic violence, or stalking and the respondent has the right to decide when to repeat a description of a defense to such allegations; 
  • The complainant and respondent have the right to have an advisor present during the complaint resolution process.  The College will not limit the choice of advisor or presence of the advisor for the complainant or respondent in any meeting or disciplinary process.  See the “Advisors” section below for additional information and rules regarding the conduct of advisors. 
  • The complainant and respondent have the right to the complete and prompt assistance of campus authorities, at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with a sexual assault incident.
  • The complainant and respondent have the right to the assistance of campus authorities in preserving materials relevant to a campus complaint proceeding.
  • The complainant and the respondent have the right to be provided access to their description of the incident, as it was reported to the College, including if the individual transfers to another post-secondary institution, subject to compliance with FERPA, the Clery Act, Title IX, and other federal or state law.  Requests for an individual’s description of the incident should be made to the Title IX Coordinator. 

In addition, a complainant who alleges sexual assault, dating/intimate partner violence, domestic violence, or stalking has the following rights:

  • to be informed by the College of options to notify proper law enforcement authorities of a sexual assault, dating/intimate partner violence, domestic violence, or stalking incident, or to decline to notify such authorities;
  • to the complete and prompt assistance of campus authorities, at the complainant’s request, in notifying the appropriate law enforcement officials and College officials of a sexual assault dating/intimate partner violence, domestic violence, or stalking incident and filing criminal charges with local law enforcement officials in sexual assault dating/intimate partner violence, domestic violence, or stalking cases;
  • to be offered fair and respectful health care, counseling services, or referrals to such services and notice of the availability of campus or local programs providing sexual assault advocacy, dating/intimate partner violence, domestic violence, or stalking services;
  • to assistance from the Crime Victim Reparations Board and the Commissioner of Public Safety;
  • for students who choose to transfer to another post-secondary institution, the right to receive information about resources for victims of sexual assault, dating/intimate partner violence, domestic violence, or stalking at the institution to which the victim is transferring.

Advisors in Cases Involving Allegations of Sexual Assault, Dating/Intimate Partner Violence, Domestic Violence, or Stalking

The complainant and the respondent in complaint resolution processes involving allegations of sexual assault, dating/intimate partner violence, domestic violence, and stalking have the right to be assisted by an advisor of their choice, including an attorney.

Guidelines related to the use of advisors:

  • The purpose of the advisor is to support an individual during the complaint resolution process.  An advisor is permitted to accompany the individual to in-person interviews or other meetings during the complaint resolution process.  In selecting an advisor, each party should consider the potential advisor’s availability to attend in-person interviews and meetings.  As a general matter, the College will not unnecessarily delay its processes to accommodate the schedules of advisors.
  • Advisors may confer with their advisee, but they may not actively participate in the complaint resolution process. The advisor may accompany the complainant or respondent to all meetings relating to the complaint resolution proceeding. The advisor may not appear in lieu of the complainant or respondent or speak on their behalf in either in-person or written communications to the College.  The advisor may not communicate directly with the investigator, adjudicators, appeal officers, Title IX Coordinator, Deputy Title IX Coordinator, or any other school official involved in the complaint resolution process and may not interrupt or otherwise delay the complaint resolution process.
  • Advisors may have access to information concerning a case only when accompanying the party (for in-person access to information) or only when the party has given permission for the advisor to be copied on emails or other correspondence (for access to written communications). An advisor’s access to such information is subject to the same limitations as those placed upon the parties and conditioned upon the advisor’s agreement to maintain the confidentiality of any student education records or other confidential information.
  • The College will notify a party to a complaint resolution process if another party involved in the complaint resolution process has obtained an advisor.  The notice shall indicate if the other party’s advisor is an attorney. 
  • Advisors will be required to sign an Advisor Agreement acknowledging receipt and understanding of these requirements.  Failure to comply with these requirements, including violations of confidentiality, or other forms of interference with the complaint resolution process by the advisor may result in disqualification of an advisor.  The College reserves the right to dismiss an advisor.

Requests for Reasonable Accommodations

Individuals who need a reasonable accommodation should contact the Title IX Coordinator. The College will consider requests for reasonable accommodations submitted to the Title IX Coordinator on a case-by-case basis. Accommodations the College may provide include:

  • Providing reasonable accommodations as required by law to an individual with a disability who requests an accommodation necessary to participate in the complaint resolution process.
  • Providing an interpreter for individuals who are limited English-language proficient.

Interim Actions and Protective Measures

At any time after a report of a potential violation of this policy has been received by the College, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will consider whether interim actions or protective measures are reasonably necessary or appropriate to protect the parties and the broader Macalester community, pending completion of the response and resolution process. The College will make accommodations and provide protective measures for an individual who believes they have experienced sexual misconduct, if requested and reasonably available. The College may take such steps even when an individual asks that the College keep a reported violation of this policy confidential and that it not investigate the matter and regardless of whether an individual chooses to report to law enforcement. The College may also provide accommodations and resources to others involved in the process, including those adversely affected by allegations of sexual misconduct, if requested and reasonably available. The College determines which measures are appropriate for a particular individual on a case-by-case basis.

In implementing interim actions or protective measures, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will consult with the Title IX Bias and Harassment Team and/or appropriate staff and faculty members who have a need to know information about the interim action(s) or protective measure(s).

Examples of interim actions include, without limitation:

  • Establishing a “no contact” directive prohibiting the parties involved from communicating with each other during the response and resolution process.
  • Changing an individual’s on-campus residency, dining, or transportation arrangements.
  • Assistance in finding alternative housing.
  • Changing an individual’s student or employee status or job responsibilities.
  • Changing an individual’s work or class schedule.
  • Providing academic accommodations or providing assistance with academic issues.
  • Providing security escorts.
  • Access to counseling and medical services.
  • Making available to complainant information about orders for protection and harassment restraining orders and providing assistance with respect to obtaining and enforcing such orders.
  • Assistance in identifying an advocate to help secure additional resources or assistance, including off-campus and community advocacy, support, and services.
  • For students who choose to transfer to another institution, at the student’s request, providing information about resources for victims of sexual assault at the institution to which the student is transferring.

Other protective measures that may be available, if safety concerns or other overriding circumstances warrant them, include:

  • Prohibiting an individual involved from being on Macalester property.
  • Prohibiting an individual involved from participating in Macalester-sponsored events.
  • Prohibiting an individual from residing in a Macalester residence.

To request an interim action or protective measure, individuals who believe they have experienced sexual misconduct should contact the Title IX Coordinator. If a respondent feels that they need interim measures, please contact the Title IX Coordinator.

The College will maintain as confidential any interim actions or protective measures provided to an individual, to the extent that maintaining such confidentiality would not impair the ability of the College to provide the accommodations or protective measures. Additional services are available on campus and/or in the community, as described in the Resources section at the end of this policy and on the College’s website.

Any concern about a violation of an interim action and/or protective measure should be reported to the Title IX Coordinator.

Non-Participation and Silence

Either party may decline, at any time, to provide information or participate further in the complaint resolution process. If, at any time during the complaint resolution process, a party decides not to participate, the College will proceed with the complaint resolution process and make a determination based upon the information available. A respondent’s silence in response to a complainant’s allegation will not necessarily be viewed as an admission of the allegation, but may leave the complainant’s allegations undisputed. Similarly, a complainant’s silence in response to a respondent’s denials or defenses will not necessarily be viewed as an admission of the denials or defenses, but may leave the respondent’s denials or defenses undisputed. Even if a party decides not to participate or chooses to stop participating at a phase of the process, the party will still be given the option to participate during additional phases of the process.

Conflicts

If a complainant or respondent has any concern that any individual acting for the College under this policy has a conflict of interest or bias, such concern should immediately be reported in writing to the Title IX Coordinator. Any concern regarding a conflict of interest or bias must be submitted within two (2) days after receiving notice of the person’s involvement in the process. The Title IX Coordinator or the Title IX Coordinator’s designee(s) will review the concerns and take appropriate steps to ensure that no conflicts of interest exist on the part of anyone investigating or resolving a complaint under this policy. If the Title IX Coordinator has a conflict of interest with respect to a complaint, the College’s Dean of Students/Deputy Title IX Coordinator shall appoint an alternate person to oversee adherence to the Sexual Misconduct Policy with respect to the complaint at issue. If the Dean of Students/Deputy Title IX Coordinator is a party to the complaint or has a conflict of interest with respect to a complaint, the Associate Dean of Students/Deputy Title IX Coordinator shall ensure that the College puts in place appropriate safeguards under the circumstances to ensure that the institution promptly and equitably responds to the complaint, including, but not limited to, appointment of alternate individuals to oversee adherence to the Sexual Misconduct Policy.

Time Frames for Resolution

Macalester is committed to the prompt and equitable resolution of allegations of sexual misconduct. Macalester will strive to conclude the response and resolution process within 60 calendar days of receiving a complaint alleging a policy violation. Specific time frames for each phase of the complaint resolution process are set forth in the “Procedures for Sexual Misconduct Complaint Resolution” below. Generally, the College will strive to complete the investigation within 30 calendar days and the adjudication within 15 calendar days. Circumstances may arise that require the extension of time frames based on the complexity of the allegations, the number of witnesses involved, the availability of the parties involved, witnesses being absent from campus, the effect of a concurrent criminal investigation, unsuccessful attempts at informal resolution, any intervening school break, vacation, or other unforeseen circumstance.

In cases where an incident has also been reported to law enforcement, the College will not delay its investigation and resolution processes in order to wait for the conclusion of a criminal investigation or proceeding. The College will, however, comply with valid requests by law enforcement for cooperation in a criminal investigation. As such, the College may need to delay temporarily an investigation under this policy while law enforcement is in the process of gathering evidence. This process typically takes 7-10 days. Once law enforcement has completed its gathering of evidence, the College will promptly resume and complete its investigation and resolution procedures.

In the event that the investigation and resolution exceed the 60 calendar day timeframe, or to the extent additional time is needed during any of the phases of the process discussed below, the College will notify all parties of the reason for the delay and the expected adjustment in time frames. Efforts will be made to complete the process in a timely manner balancing principles of thoroughness, fundamental fairness and promptness.

Complainants are encouraged to begin the complaint resolution process as soon as possible following an alleged incident. If a complaint is brought forward more than five (5) calendar years after an alleged incident, the College, in its discretion, may decline to process a complaint under these procedures, but reserves the right to take other administrative action as appropriate depending on the specific circumstances of the complaint. If at least one party involved in the complaint is still a member of the College community as a student or employee, the complaint generally will be processed under these procedures.

Reservation of Flexibility

The procedures set forth in this policy reflect the College’s desire to respond to complaints in good faith and in a manner that promotes fairness to all parties. The College recognizes that each case is unique and that circumstances may arise which require that it reserve some flexibility in responding to the particular circumstances of the matter. Where it is not possible or practical to follow this procedure, the College reserves the right to modify the procedure or to take other administrative action as appropriate under the circumstances.

PROCEDURES FOR SEXUAL MISCONDUCT COMPLAINT RESOLUTION

Each process involving a sexual misconduct complaint will provide a prompt, fair, and impartial investigation and resolution. Each sexual misconduct complaint resolution process will be conducted by individuals who receive annual training on the issues related to sexual harassment, sexual assault, domestic violence, dating/intimate partner violence, stalking, and how to conduct an investigation and decision-making process that protects the safety of all and promotes accountability. In addition, each complaint resolution process will be conducted by individuals who do not have a conflict of interest or bias for or against the complainant or respondent. All College officials will treat the parties with dignity and will never treat the complainant in a manner that suggests they are at fault for the sexual misconduct or that they should have acted in a different manner to avoid the sexual misconduct.

Initial Title IX Report Review and Assessment

In most cases, the first step of the complaint resolution process is a preliminary meeting between the complainant and the Title IX Coordinator or the Title IX Coordinator’s designee(s). The purpose of the preliminary meeting is to allow the Title IX Coordinator to gain a basic understanding of the nature and circumstances of the report or complaint; it is not intended to be a full investigation interview.

As part of the initial meeting with the complainant, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will:

  • assess the nature and circumstances of the allegation;
  • address immediate physical safety and emotional well-being of the complainant;
  • notify the complainant of the right to contact law enforcement and seek medical treatment;
  • notify the complainant of the importance of preservation of evidence;
  • provide the complainant with information about on- and off-campus resources;
  • notify the complainant of the range of interim accommodations and remedies;
  • provide the complainant with an explanation of the procedural options, including how to file a complaint and the complaint process;
  • in cases involving allegations of sexual assault, dating/intimate partner violence, domestic violence, or stalking, advise the complainant of the right to have an advisor of choice;
  • discuss the complainant’s expressed preference for the manner of resolution and any barriers to proceeding; and
  • explain the College’s policy prohibiting retaliation.

All reports and complaints of sexual misconduct will be reviewed by the Title IX Coordinator and/or the Title IX Coordinator’s designee(s) to determine the risk of harm to individuals or to the campus community. Steps will be taken to address these risks in consultation with the Associate Director of Safety and Security and/or members of the Title IX Bias and Harassment Team. The Title IX Coordinator and/or the Title IX Coordinator’s designee(s) will also assess the reported conduct for the need for a timely warning under the Clery Act and assess for pattern evidence or other similar conduct by respondent.

The Title IX Coordinator or the Title IX Coordinator’s designee(s) has discretion to refer the matter to other College disciplinary procedures. This referral option will generally be used when the alleged behavior does not fall within the policy or the alleged behavior applies to another disciplinary procedure. If the Title IX Coordinator or the Title IX Coordinator’s designee(s) determines that the report or complaint, even if substantiated, would be a violation of this policy, they may dismiss the matter or refer it to another applicable disciplinary procedure. The parties will be notified of that determination and the complainant will be informed of other procedures for resolving the complaint and of other resources that may be available to the complainant.

This initial review generally will take no more than five (5) calendar days.

Sexual Misconduct Complaint

The filing of a complaint begins the complaint resolution process under this process. In most cases, complaints are made by the complainant. However, the College reserves the right to move forward with a complaint resolution process to protect the safety and welfare of the community, even if the victim chooses not to make or move forward with a complaint. Generally, the Title IX Coordinator will make a determination of whether the College will move forward with a complaint resolution process in the absence of a complaint filed by the victim. If the College decides that it has an obligation to move forward with a complaint resolution process, it will notify the victim before proceeding.

Complaints of sexual misconduct should be made through the Title IX Coordinator:

Karla Benson Rutten
Title IX Coordinator and Director of Equity
243 Campus Center
Telephone: 651-696-6258
Email: benson@macalester.edu

Notice of Allegation

When the Title IX Coordinator has received a complaint of sexual misconduct, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will meet with the respondent and will:

  • notify the respondent of the complaint and alleged policy violations that are being investigated;
  • provide the respondent an explanation of the process;
  • notify the respondent of the importance of preservation of evidence;
  • notify the respondent of any interim actions or protective measures that have been put in place that directly relate to the respondent (i.e., no contact directive);
  • provide the respondent with information about on- and off-campus resources;
  • in cases involving allegations of sexual assault, dating/intimate partner violence, domestic violence, or stalking, advise the respondent of the right to have an advisor; and
  • explain the College’s policy prohibiting retaliation.

Informal Resolution

When the complainant chooses to move forward with the complaint resolution process, the complainant has the option to proceed informally, when permissible. In cases involving sexual assault, dating/intimate partner violence, domestic violence, or stalking, informal resolutions are not appropriate and are never permissible.

If an informal resolution is pursued, the Title IX Coordinator (or the Title IX Coordinator’s designee) will attempt to facilitate a resolution that is agreeable to the complainant and the respondent. Under the informal process, the College will only conduct such fact-finding as is useful to resolve the conflict and as is necessary to protect the interests of the parties, the College, and the College community. The College will take immediate and corrective action through the imposition of individual and community remedies designed to maximize the complainant’s access to the educational and extracurricular activities of the College. Examples of potential remedies are provided in the “Interim Actions and Protective Measures” section of the policy. The recommended resolution may also include other institutional responses or requirements imposed on the respondent. Any informal resolution must adequately address the concerns of the complainant, as well as the rights of the respondent and the overall intent of the College to stop, remedy, and prevent policy violations.

The College will not compel a complainant or respondent to engage in mediation, to directly confront the other party, or to participate in any particular form of informal resolution. Mediation, even if voluntary, may not be used in cases involving sexual assault, dating/intimate partner violence, domestic violence, or stalking. Participation in informal resolution is voluntary, and the complainant and respondent have the option to discontinue the informal process at any time and request a formal investigation. The College also always has the discretion to discontinue the informal process and move forward with a formal investigation. If at any point during the informal resolution process, the complainant or respondent or the College wishes to cease the informal resolution process and to proceed through the formal resolution process, the informal resolution process will stop and the formal resolution process outlined below will be invoked.

If the parties to the complaint agree in writing to the terms and conditions of a recommended resolution within five (5) calendar days of the Title IX Coordinator presenting the recommended resolution to the parties, the case will be resolved without further process under this procedure. If all parties to the complaint do not agree in writing to the terms and conditions of the recommended resolution within five (5) calendar days of the Title IX Coordinator presenting the recommended resolution to the parties, the complaint will be referred to the Formal Resolution process. If the complaint is referred to the Formal Resolution process, the time spent attempting to reach an informal resolution generally will not be counted as part of the 60-day time frame discussed in the “Time Frames for Resolution” section above.

Formal Resolution

If the complaint is not processed or resolved through the Informal Resolution process discussed above, the complaint shall be processed according to the formal procedure outlined below.

A. Investigation

The Title IX Coordinator or the Title IX Coordinator’s designee(s) will designate one or more investigators. The College will ensure that the investigator(s) has received the appropriate training, and is impartial and free of any conflict of interest.  The parties shall receive written notice of the investigator(s) appointed.  If any party has a concern that the investigator(s) has a conflict of interest, the party should report the concern in writing as indicated in the “Conflicts” section above.

The investigator(s) will conduct the investigation in a manner appropriate to the circumstances of the case, which will typically include interviews with the complainant, the respondent, and any witnesses; these interviews may be audio-recorded.  As part of the investigation, the College will provide an opportunity for both the complainant and respondent to advise the investigator(s) of any witnesses they believe should be interviewed, and other evidence they believe should be reviewed by the investigator(s).  The investigator(s) has (have) discretion to assess the relevancy of any proposed witnesses and determine which interviews to conduct, including the discretion to conduct interviews of individuals not identified by the parties. The interviews will be supplemented by the gathering of any physical, documentary, or other evidence, as appropriate and available.  General character or reputation evidence generally will not be considered relevant and will not be included in the investigation.  The investigator(s) may choose not to interview character witnesses and/or not to include information from character witnesses in the investigation report.  In addition, lie detector test information will not be permitted or considered.

The complainant may decide when (or when not) to repeat a description of the alleged misconduct and has the right to decline to participate in the complaint resolution process.  If at any time the complainant declines to participate in the process, the College’s ability to meaningfully investigate and resolve a complaint may be limited.  In such cases, the College will proceed with the complaint resolution process, if possible to do so without the complainant’s participation, and will make a determination based upon the information available as set forth above in the section entitled, “Non-Participation and Silence.”  The respondent also has the right to decline to participate in the complaint resolution process.  In such cases, the College will proceed with the complaint process and will make a determination based upon the information available as set forth in the above section entitled, “Non-Participation and Silence.”

The investigation is designed to provide a fair and reliable gathering of the facts. The investigation will be thorough, impartial, and fair, and all individuals will be treated with appropriate sensitivity and respect. The investigation will be conducted in a manner that is respectful of individual privacy concerns. 

The College will seek to complete the investigation within thirty (30) calendar days from the date of the complaint, but this time frame may be extended depending on the circumstances of each case, including the complexity of the allegations, the number of witnesses involved, the availability of the parties or witnesses involved, the effect of a concurrent criminal investigation, unsuccessful attempts at informal resolution, any intervening school break, vacation, or other unforeseen circumstance.

The parties will be informed of a close of evidence date.  The parties shall submit any and all information and evidence believed to be relevant to the complaint by the close of evidence date.  After the close of evidence date, the parties shall not be permitted to submit new or additional evidence that existed prior to the close of evidence date, unless the investigator determines otherwise.

At the conclusion of the investigation, the investigator(s) may prepare a report setting forth the facts gathered.  The investigator(s) generally will compile an investigation file, which may consist of any information, documents, recordings, or other evidence that are provided to the adjudicators.  At the investigator(s)’ discretion, such information may include, as applicable: the written complaint, recordings or written records of interviews with the complainant, respondent, and any witnesses, any other evidence obtaining during the investigation, and the investigator’s report of the investigation. The investigation file will be forwarded to the Title IX Coordinator.  The Title IX Coordinator or the Title IX Coordinator’s designee(s) will review the investigation file and has the discretion to ask the investigator(s) for clarification, additional investigation, and/or to have information removed or redacted from the investigation report.

B. Review of Investigation File in Cases Involving Sexual Assault, Dating/Intimate Partner Violence, Domestic Violence, and Stalking

For complaints involving allegations of sexual assault, dating/intimate partner violence, domestic violence or stalking, the investigation file will be made available for review by the complainant and respondent.  Confidential information in the investigation file that cannot be shared with the complainant, respondent, or adjudicators may be redacted from the file in accordance with applicable law.  The Title IX Coordinator or the Title IX Coordinator’s designee(s) will provide a four (4) calendar day period (the review and response period) for the complainant and respondent to have access to review the investigation file and prepare a response to the investigation file, as discussed below.  The parties’ access to the investigation file generally will be provided during normal business hours in a designated on-campus location.  The investigation file cannot be removed from that location, nor can copies be made or pictures taken of the file contents.

Both parties will have the opportunity to provide a written response to the investigation file.   To do so, the party must submit an initial written statement, which shall not exceed 2,000 words in length, to the Title IX Coordinator.  The initial written statement must be submitted by the conclusion of the review and response period described above.  The initial written statement may be used as an opportunity to clarify points in the investigation report or identify information previously given to the investigator that is not included in the investigation report which the party believes should have been included.  While the parties may be assisted by their advisors in preparation of the initial written statement, the initial written statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf. 

The parties will have an opportunity to review the initial written statement submitted by the other party and, if desired, may submit a rebuttal written statement not to exceed 1,500 words. The rebuttal written statement must be submitted within two (2) calendar days after being given access to the other party’s initial written statement.  The rebuttal written statement may only be used to respond to arguments made in the other party’s initial written statement.  While the parties may be assisted by their advisors in preparation of the rebuttal written statement, the rebuttal written statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf.  The parties shall have an opportunity to review the rebuttal written statement submitted by the other party.  The Title IX Coordinator or the Title IX Coordinator’s designee(s) will provide two (2) calendar days for the complainant and respondent to have access to review the other party’s rebuttal written statement.  The parties’ access to the rebuttal written statement generally will be provided during normal business hours in a designated on-campus location.  The rebuttal written statement cannot be removed from that location, nor can copies be made or pictures taken of the contents.

The Title IX Coordinator or the Title IX Coordinator’s designee(s) will review the initial written statements and rebuttal written statements.  Based on the statements, the Title IX Coordinator or the Title IX Coordinator’s designee(s) has the discretion to ask the investigator(s) for clarification, additional investigation, and/or to have information removed or redacted from the investigation report.  In addition, the Title IX Coordinator or the Title IX Coordinator’s designee(s) may remove or redact any portions of the parties’ written statements that exceed the word limits of the statements as stated above or that otherwise exceed the scope of information that may be considered in the complaint resolution process (e.g., general character or reputation evidence and evidence relating to the complainant’s prior sexual history).

C. Adjudication

The College will strive to complete a prompt, thorough, fair and impartial adjudication.

1. Appointment of Adjudicators

Upon completion of the investigation, the Title IX Coordinator or the Title IX Coordinator’s designee(s) will assign the appropriate College authority and a second designee from the Title IX or Bias and Harassment Team to adjudicate the complaint. When the respondent is a student, the appropriate College authority is the Vice President for Student Affairs or designee; when the respondent is a faculty member, the appropriate College authority is the Provost and Dean of the Faculty or the designee; when the respondent is a member of the staff, the appropriate College authority is the Director of Employment Services or the designee; and when the respondent is the President of the College, the appropriate College authority is the Chair of the Board of Trustees or designee. If the appropriate College authority is the respondent or the complainant, either of the other two administrators designated will assume the responsibility of adjudicating the complaint. In any complaint process, the assigned adjudicators may request to have a third adjudicator appointed to the case at any point during the adjudication prior to the issuance of the written notice of outcome.

The College will ensure that the adjudicators have received the appropriate training, and are impartial and free of any conflict of interest. The parties shall receive written notice of the adjudicators appointed. If any party has a concern that an adjudicator has a conflict of interest, the party should report the concern in writing as indicated in the “Conflicts” section above.

The adjudicators will use a “preponderance of evidence” standard to determine whether it is more likely than not that the respondent violated the policy.

2. Determination

The adjudicators will receive and review the investigation file and any initial written statements and rebuttal written statements provided by the complainant and respondent after the parties’ review of the investigation file, as applicable. The adjudicators may, in their discretion, request additional investigation by the investigator(s) or another appropriate individual. In the event that the adjudicators request additional investigation, the complainant and respondent shall be notified.

The adjudicators will use a preponderance of the evidence standard to determine whether it is more likely than not that the respondent violated the policy and impose remedies and/or sanctions as necessary to end the misconduct, prevent its recurrence, and address its effects.

If the adjudicators determine that the respondent is responsible for a policy violation, they may, in their discretion, request information from the Title IX Coordinator regarding whether the respondent has previously been found responsible for any violations of this policy. In the event that information regarding the respondent’s previous policy violations is shared with the adjudicators, the parties shall be notified.

Not all forms of sexual misconduct are deemed equally serious offenses and, as a result, different remedies or sanctions may be imposed depending on the severity of the offense and any previous conduct violations.

3. Sanctions and Remedies

The adjudicators will impose sanctions and/or remedies as necessary to end the misconduct, prevent its recurrence, and address its effects.  The College reserves the right to take whatever measures deemed necessary in response to an allegation of sexual misconduct in order to protect the rights and personal safety of the complainant and the College community.

Individuals who are found responsible under this policy may face the following sanctions as appropriate for students, employees, visitors, or others:

  • assigned disciplinary status: warning, probation, strict probation, suspension, or expulsion;
  • temporary or permanent restricted access to areas of campus and campus events;
  • temporary or permanent restricted access to or participation in activities, organizations or courses;
  • temporary or permanent removal from class or residential assignment;
  • conditions upon presence on campus or at college events;
  • no trespass or no contact directives;
  • required attendance at educational trainings or meetings;
  • behavioral contracts;
  • required assessment or counseling;
  • community service hours;
  • loss of salary or benefit such as sabbatical or research or travel funding,  removal or non-renewal of scholarships or honors;
  • suspension of promotion or salary increase increments;
  • transfer or change of job or responsibilities, revocation of tenure, demotion, or termination of employment;
  • payment of restitution or costs incurred.

A finding of responsibility will become part of the student’s academic record or, if an employee, the employee’s personnel file. In addition, a finding of responsibility will become a part of any upcoming personnel reviews, including, but not limited to, pre-tenure, tenure, or promotion reviews for faculty members.

Violations of imposed sanctions should be reported to the Title IX Coordinator.

Remedies, accommodations, and protective measures for the complainant include implementing or extending interim or protective measures, including, without limitation:

  • a mutual or one-sided no contact order;
  • prohibiting an individual involved from being on College property;
  • prohibiting an individual involved from participating in College-sponsored events;
  • changing an individual’s on-campus residency, dining, or transportation arrangements, or prohibiting an individual from residing in a College residence;
  • assistance in finding alternative housing;
  • changing an individual’s student or employee status or job responsibilities;
  • changing an individual’s work or class schedule;
  • providing academic accommodations or providing assistance with academic issues;
  • providing security escorts;
  • access to counseling and medical services;
  • making information about orders for protection and harassment restraining orders available to a complainant;
  • assistance identifying an advocate to help secure additional resources or assistance, including off-campus and community advocacy, support, and services.

Remedies designed to address the Macalester community include increased monitoring, supervision, and/or security at locations or in connection with activities where the prohibited conduct occurred or is likely to reoccur and targeted or broad-based educational programming or training for relevant persons or groups.

D. Notice of Outcome

The complainant and respondent will receive a written notice of the outcome by letter or email. The notifications will be sent to the complainant and the respondent at the same time.

For complaints involving sexual assault, dating/intimate partner violence, domestic violence, or stalking, the written notice shall include the determination of the adjudicators, any imposition of sanctions, and the rationales for the determination and sanctions. The written notice will also include information about the procedures for appeal, as set forth below, and when the result becomes final. In addition, the written notice shall include any other steps the College has taken to eliminate the conduct and prevent its recurrence and the complainant’s written notice will include remedies offered or provided to the complainant. For all other complaints of sexual misconduct, the written notice shall include the determination of the adjudicators. The respondent’s written notice shall include any imposition of sanctions and the complainant’s written notice shall include any imposition of sanctions that directly relate to the complainant. The written notice will also include information about the procedures for appeal, as set forth below, and when the result becomes final. In addition, the written notice shall include any other steps the College has taken to eliminate the conduct and prevent its recurrence and the complainant’s written notice will include remedies offered or provided to the complainant.

The College will seek to complete the adjudication process and provide written notice of outcome within fifteen (15) calendar days of the adjudicators receiving the investigation file from the Title IX Coordinator; however, in some cases, more time may be required.

The determination of the adjudicators may be appealed as provided below. In the event that no appeal is filed within the time periods prescribed below, the decision will be final.

APPEAL OF DECISION

Either the complainant or the respondent may appeal the results of the formal resolution process on one or more of the following bases:

  • a procedural error occurred that substantially affected the outcome of the process;
  • the decision was arbitrary and capricious or violated academic freedom;
  • there has been discovery of significant new factual material not available to the investigator(s) that could have affected the original outcome; however, intentional omission of factual information by the appealing party is not a ground for an appeal;
  • the sanction or other response by Macalester under the formal resolution process was excessively severe or grossly inadequate.

Submitting an Appeal

Either party may request an appeal by submitting a written appeal statement, not to exceed 2,000 words, which must explain which of the bases above the party is citing for the appeal. A written appeal must be submitted to the Title IX Coordinator within ten (10) calendar days following the date that the notice of outcome was sent to the complainant and the respondent. Failure to file a timely appeal constitutes a waiver of any right to an appeal.

The Title IX Coordinator or the Title IX Coordinator’s designee(s) will review the appeal statement to determine whether the appeal states a permissible ground for appeal (as set forth above), such that the appeal will be considered.

The non-appealing party will be notified of the appeal and the alleged grounds for the appeal. The non-appealing party may, if desired, submit a written response to the appeal, not to exceed 2,000 words. The written response to the appeal must be submitted to the Title IX Coordinator within seven (7) calendar days of receiving notice of the appeal.

The Title IX Coordinator or the Title IX Coordinator’s designee(s) shall review the appeal statement and any responsive appeal statement and may remove or redact any portions of the statements that exceed the permitted scope of the appeal or that otherwise exceed the scope of information that may be considered in the complaint resolution process (e.g., general character or reputation evidence and evidence relating to the complainant’s prior sexual history). The Title IX Coordinator generally will compile an appeal file, which may consist of any information, documents, recordings, or other evidence that is provided to the appeal officer. Such information, may include, as applicable, the written appeal statement, the responsive appeal statement, the notice of outcome, the investigation file, the parties’ initial written statements and rebuttal written statements, and any previously undiscovered evidence (if discovery of new evidence is a ground for appeal).

Appeals will be considered by an appeal officer appointed by the Title IX Coordinator or the Title IX Coordinator’s designee(s). Generally, the appeal officer will be a member of the Title IX Bias and Harassment Team who has not been previously involved in the complaint process and does not have a conflict of interest in the case. The College will ensure that the appeal officer has received the appropriate training and is impartial and free of any conflict of interest. The parties shall receive written notice of the appointed appeal officer. If any party has a concern that the appeal officer has a conflict of interest, the party should report the concern in writing as indicated in the “Conflicts” section above.

For complaints involving allegations of sexual assault, dating/intimate partner violence, domestic violence, or stalking, the appeal file will be made available for review by the complainant and respondent. The Title IX Coordinator or the Title IX Coordinator’s designee(s) will provide a four (4) calendar day period for the complainant and respondent to have access to review the appeal file and such access generally will be provided during normal business hours in a designated on-campus location. The appeal file cannot be removed from that location, nor can copies be made or pictures taken of the contents.

Consideration of Appeal

In an appeal, the burden of proof is on the appealing party to show that it is more likely than not that one or more of the above grounds for appeal are satisfied.

The appeal officer will not rehear the case, but will receive and review the appeal file and consider whether it is more likely than not that the above-listed grounds for appeal have been satisfied and impacted the outcome of the process. The appeal officer may choose to meet with the parties and consider other additional information, in their sole discretion. For complaints involving allegations of sexual assault, dating/intimate partner violence, domestic violence, or stalking, if the appeal officer meets with a party, the other party shall have an opportunity to review any information provided to the appeal officer during or as a result of such a meeting.

If the appeal officer determines that the appealing party has demonstrated that it is more likely than not that one of the above grounds for appeal is satisfied, the matter will be remanded for further investigation and/or deliberations, as determined by the appeal officer. The appeal officer, in consultation with the Title IX Coordinator or the Title IX Coordinator’s designee(s), will determine whether the matter should be remanded to the previous adjudicators or whether new adjudicators should review the matter, and, if the reasons for remand relate to the investigation or warrant additional investigation, whether the matter should be remanded to the previous investigator(s) or whether a new investigator(s) should be appointed. Upon remand, the investigator(s) and adjudicators shall utilize the same process as required for all complaint processes under this policy.

If the appeal officer determines that the appealing party has not demonstrated that it is more likely than not that one or more grounds for appeal have been satisfied, the appeal officer will dismiss the appeal. This decision is final and is not appealable.

The appeal officer will issue a written decision stating the appeal officer’s findings and the final disposition of the appeal. The College will seek to complete the appeal process within fifteen (15) calendar days following the appeal officer’s receipt of the appeal file from the Title IX Coordinator; however, in some cases, more time may be required.

RECORD KEEPING

The Title IX Coordinator is responsible for maintaining the official Macalester records of sexual misconduct reports and complaints.  When a complaint is pending, each official having a role in the response and resolution process is responsible for handling records appropriate to their role.  When the process is complete, the official records relating to the Complaint or report will be provided to the Title IX Coordinator, who will maintain such records in accordance with Macalester record retention requirements and applicable law.

The official records include:

  • In cases where the informal resolution process is requested by the complainant, (a) a summary of the report of sexual misconduct and request for resolution via an informal process, (b) a summary of the Title IX Coordinator’s analysis of the appropriate remedy that should be followed; and (c) a summary of the process used and responsive action taken by Macalester;
  • In cases where the formal resolution process is used, a copy of any written complaint;
  • A description of any interim action taken and copies of correspondence from Macalester to the complainant and respondent relating to the interim action. 
  • A copy of any Clery Act report submitted to Director of Campus Safety (Campus Safety shall maintain the original or a copy);
  • Record indicating that the Title IX Coordinator or the Title IX Coordinator’s designee(s) met with the complainant and/or respondent and the issues covered;
  • Record indicating the advisor selected by the complainant or respondent;
  • Copies of any notices or summaries given to the complainant and/or respondent;
  • The investigative summary report and accompanying documentation compiled by the investigator(s);
  • Copies of statements provided by the parties or witnesses;
  • Documentation indicating the decision reached and sanctions imposed;
  • Copies of the notice of outcome provided to the parties;
  • Appeal statement, if any; and
  • Decision of Appeal Officer and copies of notices sent to parties regarding appeal, if applicable.

Each official having a role in the response and resolution process may elect to send additional records to the Title IX Coordinator depending on the particular facts and circumstances. Personal notes of officials involved in the response and resolution process generally will be maintained in the sole possession of the official who took the notes according to the official’s normal recordkeeping practices, any applicable Macalester record retention requirements and applicable law. 

Records related to sexual misconduct reports and complaints will be treated as confidential and shared only on a need-to-know basis or as required by law.  

Minnesota law, Minn. Stat. 135A.15, requires institutions to collect statistics, without inclusion of any personally-identifying information, regarding the number of reports of sexual assault received by an institution and the number of types of resolutions.  Data collected for purposes of submitting annual reports containing those statistics to the Minnesota Office of Higher Education under Minn. Stat. 135A.15 shall only be disclosed to the victim, persons whose work assignments reasonably require access, and, at the victim’s request, police conducting a criminal investigation.  Nothing in this paragraph is intended to conflict with or limits the authority of the College to comply with other applicable state or federal laws.

NO RETALIATION

The College prohibits retaliation against any individual who makes a good faith report of a potential violation of this policy, who supports another person’s report, or who acts as a witness in any investigation into a complaint. Any concerns of retaliation should be reported to the Title IX Coordinator. The College will take appropriate action against any individual who retaliates against another person in violation of this policy. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

Any reports of alleged retaliation should be reported to the Title IX Coordinator. The Title IX Coordinator will assign a member(s) of the Title IX Bias and Harassment team to investigate any allegation of retaliation and determine an appropriate response.

COMPLAINTS OF RETALIATION, VIOLATION OF INTERIM MEASURES, AND VIOLATION OF SANCTIONS

Any complaint relating to retaliation in violation of this policy, violations of interim measures, or violations of sanctions should be reported promptly to the Title IX Coordinator. The College will take appropriate action against any individual who retaliates against another person in violation of this policy or who violates interim measures or sanctions.

When the College receives a complaint of retaliation or of violations of interim measures or sanctions, the Title IX Coordinator may exercise discretion to determine an appropriate responsive process based on the facts and circumstances. At the Title IX Coordinator or the Title IX Coordinator’s designee(s)’ discretion, options for resolution include, but are not limited, to informal discussions and resolution facilitated by the Title IX Coordinator or the Title IX Coordinator’s designee(s), or assignment of a member(s) of the Title IX Team to investigate the complaint and determine an appropriate response. This process will be separate and distinct from the Procedures for Sexual Misconduct Complaint Resolution outlined above for addressing sexual misconduct complaints. The Title IX Coordinator or the Title IX Coordinator’s designee(s) will document the complaint received, the process used, and the outcome. The College will notify the parties of the outcome of the complaint. Any party with concerns about the process or outcome should consult with the Title IX Coordinator.

ALTERNATIVE PROCEDURES

Nothing in this policy is intended to interfere with the right of any individual to pursue other avenues of recourse which may include, but is not limited to, filing a complaint with the United States Department of Education’s Office for Civil Rights (OCR).

The OCR office for institutions located in Minnesota is:

U.S. Department of Education
Office for Civil Rights
Citigroup Center
500 W. Madison Street, Suite 1475
Chicago IL 60661-4544

Tel: 312.730.1560
TDD: 877.521.2172
Email: OCR.Chicago@ed.gov

RESOURCES

What To Do If You Experience Sexual Violence

  • Get to a safe place.
  • Call 911 if in immediate danger, if you are injured, or the community is in possible danger.
  • Consider securing immediate professional support on or off campus to assist you in the crisis.
  • Seek a medical evaluation for personal wellness/testing and possible evidence collection, even if you are uncertain you want to press charges or pursue legal action.
  • Take steps to preserve evidence, which may be necessary to the proof of criminal sexual violence or in obtaining a protection order. It is very important to preserve evidence. You may not know right now whether you will contact the police. But in case you later decide to, the evidence available immediately after the assault is crucial. To preserve evidence follow these recommendations: Prior to seeking medical attention, do not shower, bathe, wash your hands, brush your teeth, use the toilet or clean up in any way. Bring another set of clothes to the hospital since clothes will be collected as part of the evidence. If you have changed clothes, bring your soiled clothing with you for evidence collection.
  • Even after the immediate crisis has passed, contact confidential on-campus and/or off-campus resources—for emotional support, information, and/or advocacy.
  • Report the conduct to the Title IX Coordinator at 651-696-6258. The Title IX Coordinator can arrange for interim actions and accommodations, including no-contact directives. The College will also assist in any needed advocacy for community members who wish to obtain harassment restraining orders or orders for protection from local authorities. Alternatively, you can contact the Court Administration Office located at the Ramsey County Courthouse to obtain harassment restraining orders and orders for protection.

Emergency Contacts
24-Hour Emergency – Local law enforcement—: 911
24-Hour Emergency - Campus Security—: (651) 696-6555

On-Campus Places to Report Sexual Misconduct

  • Title IX Coordinator: Karla Benson Rutten, benson@macalester.edu, 243 Campus Center, 651-696-6258.
  • Campus Security: 651-696-6555.
  • Assistant Vice President of Student Affairs/Dean of Students & Deputy Title IX Coordinator: DeMethra Bradley, dbradley@macalester.edu, 124 Weyerhaeuser Hall, 651-696-6220.
  • Sexual Violence Prevention Program Coordinator & Deputy Title IX Coordinator: Laura Linder-Scholer, 408 Dewitt Wallace Library, 651-696-6807.
  • Anonymous Online Report Form

On-Campus Confidential Resources and Support

  • Macalester College Center for Religious and Spiritual Life (Contact: Kelly Stone, College Chaplain and Associate Dean for Religious & Spiritual Life), 651-696-6298.
  • Health and Wellness Center counselors, physicians, registered nurse or nurse practitioners, Leonard Center, 651-696-6275.

Off-Campus Places to Report Sexual Misconduct

  • Police: St. Paul, Minneapolis: 911, Rome: 113
  • Non-emergency reporting:
    • St. Paul Police: 651-291-1111, Family & Sexual Violence Unit: 651-266-5685
    • Ramsey County Sheriff (24 hours): 651-767-0640

Off-Campus Confidential Resources

Health Care Options

Sexual Assault Nurse Examiners (SANEs) available at area hospitals:

United Hospital and Regions Hospital in St. Paul and Hennepin County Medical Center (HCMC) in Minneapolis provide sexual assault care services assistance to victims of rape and sexual assault 24 hours per day.  Sexual Assault Nurse Examiners (SANEs) perform a special exam and collect evidence in a “rape kit.”

In addition to answering any questions, SANEs will carry out a special exam which involves:

  • Collecting and saving evidence that will be needed to report sexual assault to law enforcement.  Medical evidence can be collected up to 72 hours after the assault or longer, but the sooner the better;
  • Evaluating risk for pregnancy and discussing safe prevention options;
  • Evaluating risk of contracting a sexually transmitted infection and offering medication to reduce that risk;
  • Evaluating and documenting any injuries;
  • Providing resources to help during your recovery. This will include advocate services, agencies for medical follow-up, information about reporting this crime to law enforcement, information about the Crime Victims Reparations Fund and many other resources.

Choosing to be seen by a SANE is about your health and safety; you have the right to decline any part of the exam at any time.

You may take a friend or victim advocate with you to the hospital.  SOS Sexual Violence Services of Ramsey County is available 24 hours per day and can provide a trained advocate to accompany you to the hospital.

You do not need to decide if you want to report a sexual assault to law enforcement right away.  You can discuss your options for reporting with your SANE, a sexual assault advocate, or your friends and family.  If you decide to report after you leave the hospital, the evidence collected during the exam will be saved for at least 30 days.  If you have already reported your assault, your SANE will make sure the correct law enforcement agency is made aware that evidence was collected.

The county in which you were assaulted is required by law to pay for your forensic exam.  If you have injuries that require medical care, such as stitches or x-rays, your insurance will be billed if that is possible.  Any charges beyond this will be covered by the hospital at which you were seen.

For more information about Sexual Assault Nurse Examiners, please visit the links in the list of health care options above.

Victim Services and Legal Information and Assistance

Visa and Immigration Assistance

  • International Student Programs Office: Kagin Commons, 1st Floor, 651-696-6992, www.macalester.edu/isp
  • Immigrant Law Center of Minnesota: 1-800-223-1368, 450 North Syndicate St., Suite 200, St. Paul, MN 55104, legal assistance in variety of immigration-related matters including support for survivors of sexual assault, trafficking, domestic abuse, and other crimes
  • Southern Minnesota Regional Legal Services: 1-888-575-2954 (Monday-Friday 9:00 am-11:45 am and 1:00 pm-3:00 pm), free legal assistance for qualifying clients, available services include immigration assistance

Student Financial Aid

Financial Aid Office: Weyerhaeuser 031, 651-696-6214, macalester.edu/financialaid

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