ADDENDUM to the Rasmussen College Catalog 2016-2017 May 18, 2017 Coordinator, or a combination thereof, and follow the rules and procedures of this policy. b. Complaints alleging violations of Title IX are handled by the Title IX Coordinator and follow the rules and procedures of this policy. c. An employee complaint against the College or another employee will be handled by Human Resources as a violation of College policy, as outlined here and in the Employee Handbook, before the complaint may be pursued under Title VII or Title IX. 8. Nothing in these policies shall prevent anyone from contacting law enforcement or pursuing formal legal remedies or resolution through state or federal agencies or the courts. 9. Academic or other education-related complaints are rightly pursued under the Academic Appeals and Grievance Policy. The Academic Appeal Procedure must be used for a complaint regarding a final grade or program-specific academic policy. A grievance, which is an expressed feeling of dissatisfaction regarding an action taken by the College or by members of the College community, follows the Grievance Procedure. When the Academic Appeals and Grievance Policy process does not resolve an academic or other education-related complaint with an underlying Title IX issue or other violation of this policy, such a complaint may be subsequently pursued under this policy. 10. All students and employees shall be informed of this policy by training, the college catalog, or other means. B. Definitions “College” and “the College” means Rasmussen College. “Complainant” means the person bringing the complaint. “Consent” has no definition in federal law, and is defined differently across states and local jurisdictions. As part of the larger community, Rasmussen College is subject to, abides by, and supports federal, state, county, and local statutes and ordinances regarding criminal sexual conduct. For purposes of any complaint filed under this policy, Rasmussen College follows and applies the definition of consent of the state or jurisdiction in which the alleged incident occurred. If the state or jurisdiction does not define consent in its laws, the College will apply the Illinois definition as stated below. The definition of consent for each state in which Rasmussen College has a residential campus is reproduced here: 2. 1. Florida: “Consent means intelligent, knowing, and voluntary consent and does not include coerced submission. ‘Consent’ shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” Fla. Stat. § 794.011(1)(a) (2016). Illinois: The definition of consent, “at a minimum, recognizes that (i) consent is a freely given agreement to sexual activity, (ii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iii) a person's manner of dress does not constitute consent, (iv) a person's consent to past sexual activity does not constitute consent to future sexual activity, (v) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another, (vi) a person can withdraw consent at any time, and (vii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following: (A) the person is incapacitated due to the use or influence of alcohol or drugs; (B) the person is asleep or unconscious; (C) the person is under age; or (D) the person is incapacitated due to a mental disability. Nothing in this Section prevents a higher education institution from defining consent in a more demanding manner. 110 Ill. Comp. Stat. § 155/10(1) (2015). 3. Kansas: Kansas Statutes do not define “consent” as of September 2016. 4. Minnesota: "(a) ‘Consent’ means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act. (b) A person who is mentally incapacitated or physically helpless. . . cannot consent to a sexual act. (c) Corroboration of the victim's testimony is not required to show lack of consent.” Minn. Stat. § 609.341, subd. 4 (2016). This addendum replaces all previously issued versions. Page 32 / 53
