SEXUAL ASSAULT AND VIOLENCE

Sexual Violence Policy and Procedure (Policy 1B.3)

Sexual Violence

Sexual violence is an intolerable intrusion into the most personal and private rights of an individual, and is prohibited at HTC.  HTC is committed to eliminating sexual violence in all forms and will take appropriate remedial action against any individual found responsible for acts in violation of this policy. Acts of sexual violence may also constitute violations of criminal or civil law, or other Minnesota State Colleges and Universities Board Policies that may require separate proceedings. To further its commitment against sexual violence, HTC provides reporting options, an investigative and disciplinary process, and prevention training or other related services as appropriate.

Sexual violence includes a continuum of conduct that includes sexual assault, non-forcible sex acts, dating and relationship violence, stalking, as well as aiding acts of sexual violence.

Sexual Assault

Sexual assault means an actual, attempted, or threatened sexual act with another person without that person’s consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under Minnesota State Colleges and Universities student conduct codes and employee disciplinary standards. Sexual assault includes but is not limited to:

  1. Involvement without consent in any sexual act in which there is force, expressed or implied, or use of duress or deception upon the victim. Forced sexual intercourse is included in this definition, as are the acts commonly referred to as “date rape” or “acquaintance rape.” This definition also includes the coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another.
  2. Involvement in any sexual act when the victim is unable to give consent.
  3. The intentional touching or coercing, forcing, or attempting to coerce or force another to touch an unwilling person’s intimate parts (defined as primary genital area, groin, inner thigh, buttocks, or breast).
  4. Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.

Dating and Relationship Violence

Dating and relationship violence includes physical harm or abuse, and threats of physical harm or abuse, arising out of a personal intimate relationship. This violence also may be called domestic abuse or spousal/partner abuse and may be subject to criminal prosecution under Minnesota state law.

Stalking

Stalking is conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to fear for her or his safety or the safety of others or to suffer substantial emotional distress

Consent

Consent is informed, freely given and mutually understood. If coercion, intimidation, threats, and/or physical force are used, there is no consent. If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, there is not consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Silence does not necessarily constitute consent, and past consent of sexual activities does not imply ongoing future consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent

Reporting Procedure

Complainants of sexual violence may report incidents at any time, but are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding.

Complainants are strongly encouraged to report incidents of sexual violence to law enforcement for the location where the incident occurred. Complainants are also encouraged to contact the local victim/survivor services office, counseling and health care providers, campus Title IX coordinator, or HTC campus security authorities for appropriate action.

Personal Empowerment

Below are some things to keep in mind to ensure your safety and the safety of others.

  • No means no.
  • Know that drinking and drug use can impair your judgment.
  • If you drink, drink responsibly.
  • Listen carefully. If you feel you are getting a mixed message, ask for clarification.
  • Remember that sexual assault is a crime.
  • Don’t assume that someone wants to have sex because of the way they are dressed, they drink (or drink too much), or agree to go to your room.
  • Don’t assume that if someone has had sex with you before that they are willing to have sex with you again.
  • Don’t assume that if your partner consents to kissing or other sexual activities, they are consenting to all sexual activities
  • Be aware that having sex with someone who is mentally or physically incapable of giving consent is rape.
  • If you have sex with someone who is drugged, intoxicated, passed out, or is otherwise incapable of saying no or knowing what is going on around them, you may be guilty of rape.

Don’t Be a Bystander

It is everyone’s responsibility to make HTC a safe and respectful campus. If you see something that doesn’t seem right, don’t be a bystander, do something or get help to do something!

Portions of this section are adapted from the MnSCU Personal Empowerment Through Self-Awareness Module.


Last updated by ssylvander : 2015-07-01 08:00:26