2018–2019 CATALOG AND STUDENT HANDBOOK ACADEMIC INFORMATION AND COLLEGE POLICIES 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: 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). 2. 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 June 2018. 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). 5. North Dakota: The North Dakota Century Code does not define “consent” as of June 2018. 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 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, and 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 directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. Example: A supervisor promising an employee a raise if she goes on a date with him; a manager telling an employee she will fire him if he does not have sex with her. b. “Hostile work environment,” where the harassment creates an offensive and unpleasant working environment. i. Hostile work environment can be created by anyone in the work environment, whether it be supervisors, other employees, or customers. Hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact as a regular part of the work environment. ii. Cartoons or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category. iii. Sexual harassment includes harassment based on sexual orientation. Sexual orientation harassment is verbal or physical conduct that is directed at an individual because of their sexual orientation and that is sufficiently severe, pervasive, or persistent so as to have the purpose or effect of creating a hostile work or educational environment. “Stalking” means: 1. Engaging in a repeated course of conduct directed at a specific person that would cause a reasonable person to: a. Fear for their own safety or the safety of others, or b. Suffer substantial emotional distress. 2. This definition includes “cyberstalking,” which is stalking conducted with technology such as computers or mobile devices, often occurring on or delivered through the Internet, e-mail, or text messages. 145
