ADDENDUM to the Rasmussen College Catalog 2016-2017 May 18, 2017 5. North Dakota: The North Dakota Century Code does not define “consent” as of September 2016. 6. Wisconsin: “Consent, as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. . . . The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence. . . (b) A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct. (c) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. Wis. Stat. § 940.225(4) (2015) “Dating Violence” means physical, sexual, psychological, or emotional violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Victim/Survivor. Dating violence can occur in person or by other means including electronically. 1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. 2. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, and stalking. 3. Dating violence does not include acts covered under the definition of domestic violence. “Domestic Violence” means the infliction of physical injury, or the creation of a reasonable fear that physical injury or harm will be inflicted by: 1. a current or former spouse or intimate partner of the Victim/Survivor; 2. a person with whom the Victim/Survivor shares a child in common; 3. a person who is cohabitating with, or has cohabitated with, the Victim/Survivor as a spouse or intimate partner; 4. a member or former member of a child’s household, against a child or against another member of the household; 5. a person similarly situated to a spouse of the Victim/Survivor under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or 6. any other person against an adult or youth Victim/Survivor who is protected from that This addendum replaces all previously issued versions. person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. “Online Reporting System” 1. The College provides an Online Reporting System to receive complaints under this policy. 2. This reporting system allows for anonymous submissions and is available on the College website at http://www.rasmussen.edu/student- life/title-ix/ “Respondent” means the person accused of inflicting the alleged harm upon the Victim/Survivor. “Sexual assault” is defined as and recognizes the following: 1. Sexual assault is sexual activity, including sexual penetration or sexual conduct carried out under coercion, with the threat of a weapon, through the threat of bodily harm, through a position of authority, or when the Victim/Survivor is mentally or physically disabled or helpless. 2. Any sex offense defined in the FBI’s Uniform Crime Reporting (UCR) program. “Sexual harassment” is defined as and recognizes the following: 1. Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature constitute sexual harassment when: a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement, b. submission to or rejection of such conduct by an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or academic environment, c. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or academic environment. 2. Sexual harassment can occur in situations where one person has power over another, but it can also occur between equals. Both men and women can be sexually harassed. 3. There are two types of sexual harassment: a. “Quid pro quo” harassment, where submission to harassment is used as the basis for employment decisions. i. Employee benefits such as raises, promotions, better working hours, etc., are Page 33 / 53
