192 rasmussen.edu | 888-5-RASMUSSEN ACADEMIC INFORMATION AND UNIVERSITY POLICIES 7. Complaints may allege violation of University policy or Title IX, subject to the following: a. Complaints alleging violations of the University policy are handled by the Human Resources Director, Corporate Counsel, Title IX 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 another employee will be handled by Human Resources as a violation of University policy, as outlined here and in the Employee Handbook, before the complaint may be pursued under 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 University or by members of the University 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 university catalog, or other means. B. Definitions “University” and “the University” means Rasmussen University. “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 University 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 University 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 University will apply the Illinois definition as stated below. The definition of consent for each state in which Rasmussen University 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). 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). 3. Kansas: Kansas Statutes do not define “consent” as of June 2019. 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, as defined by this section 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. 5. North Dakota: The North Dakota Century Code does not define “consent” as of June 2019. 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). “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 University provides an Online Reporting System to receive complaints under this policy. 2. This reporting system allows for anonymous submissions and is available on the University 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. ALL CONTENT IS SUBJECT TO CHANGE BY ADDENDUM
