2022–2023 CATALOG AND STUDENT HANDBOOK ACADEMIC INFORMATION AND UNIVERSITY POLICIES 193 ALL CONTENT IS SUBJECT TO CHANGE BY ADDENDUM b. The University shall not disclose the identity of the Victim/Survivor or the Respondent, except as necessary to resolve the complaint or to implement interim protective measures and accommodations or when provided by State or federal law. c. A party to the complaint may share information with their advocate, or other support person who is not a fact witness. d. The accused party has due process rights, which include the right to be informed of the allegations and their source. e. In some circumstances, the University may need to warn the campus community or alert law enforcement of a continued threat of harm to others. 7. The University will conduct an Inquiry into all complaints received. This Inquiry may or may not lead to an Investigation and a report with findings and recommendations. An Inquiry involves contacting the Complainant, and Victim/ Survivor if they are not the same person, to collect further information about the complaint. It may be possible to resolve some complaints informally between the parties by mutual agreement. Based upon the Inquiry, the University may determine that a formal Investigation is appropriate. An Investigation is led by the Title IX Coordinator, Vice President of Human Capital, or corporate counsel, and includes fact gathering and analysis, concluding with a written report detailing findings and recommendations based upon the preponderance of the evidence standard. 8. The Victim/Survivor of an alleged sexual assault may decide when to repeat a description of the alleged sexual assault incident. 9. Notice shall be provided to the Victim/Survivor of the outcome of any Inquiry or Investigation concerning a complaint, consistent with laws relating to data practices. 10. At the direction of law enforcement authorities, university authorities shall assist in obtaining, securing, and maintaining evidence in connection with a sexual assault incident. 11. University authorities shall assist the Victim/Survivor in preserving, in instances of alleged sexual assault, materials relevant to the Inquiry, Investigation, or any disciplinary proceeding. 12. Interim protective measures (shielding): a. A Victim/Survivor or Respondent may request to the Title IX Coordinator, Vice President of Human Capital, corporate counsel, or other University employee that the University take interim protective measures as are reasonably available to shield or otherwise mitigate the potential for future unwanted interactions between the Victim/Survivor and Respondent during and after the complaint Inquiry, Investigation, and resolution processes. b. The University shall act promptly to institute interim protective measures, which may include: i. Changes to classroom, academic, and university working situations, as they are available and feasible; ii. Obtaining and enforcing campus no contact orders; and iii. Cooperating with law enforcement authorities, and honoring an order of protection or no contact order entered by a State civil or criminal court. 13. Retaliation is forbidden against Victims/Survivors, good-faith reporters, and certain other persons as outlined in Section G of these policies in the catalog. 14. The Complainant, Victim/Survivor, and Respondent may have an advisor or support person of their choice who is not a fact witness accompany them to any meeting or proceeding related to an alleged violation of this policy. a. The advisor or support person must comply with all rules and University policies regarding their role. b. Involvement of an advisor or support person shall not be permitted if it results in undue delay of the meeting or proceeding. c. The advisor or support person may not participate or contribute to a meeting or proceeding unless invited to participate or contribute by the University employee leading the meeting or proceeding. d. The advisor or support person may not engage in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or an individual resolving the complaint. e. The University may prohibit an advisor or support person from involvement for violations of this policy. 15. The Victim/Survivor, Complainant, and the Respondent are entitled to simultaneous, written notification of the outcome of the Investigation, including information regarding appeal rights, within seven days of a decision or sooner if required by state or federal law. 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. “Victim/Survivor” means the person upon whom the alleged harm was inflicted. These terms are used together throughout this policy to respect individuals who may identify as one or the other, or both. C. Victim’s/Survivor’s Rights and Options Victims/Survivors have the following rights and options under University policy. 1. If sexual assault is alleged, the Victim/Survivor is strongly encouraged to preserve physical evidence of the sexual assault. No attempt should be made to bathe, change clothes, or otherwise clean prior to examination by a medical practitioner to make determinations regarding sexual assault. The preservation of physical evidence is very important for any criminal or civil action that the Victim/Survivor may choose to pursue against the Respondent, and will also be useful in a University complaint Investigation and resolution process. A medical forensic examination shall be completed at no cost to the Victim/Survivor, and may be conducted at any medical facility. A list of medical facilities near each campus can be found at: https://www.rasmussen.edu/student-life/title-ix/ 2. Victims/Survivors are strongly encouraged to create a detailed written summary of the incident while the memory is still clear. 3. The Victim/Survivor has a right to privacy, which includes the decision whether to report or not report an alleged incident to the University, law enforcement, both, or neither. At the request of the Victim/Survivor, University employees will promptly assist the Victim/Survivor in making a report. 4. University personnel must treat a Victim/Survivor with dignity, and shall not suggest to a Victim/Survivor that the Victim/Survivor is at fault for the crimes or violations that occurred, or that the Victim/Survivor should have acted in a different manner to avoid such a crime. 5. A Victim/Survivor may contact, or request assistance from University personnel with accessing and navigating, fair and respectful healthcare, mental health, counseling, and advocacy services that are available in the Victim’s/Survivor’s area. A list of services can be found at: https://www.rasmussen.edu/student-life/title-ix/ 6. Confidentiality and privacy will be maintained within the scope of the Inquiry, Investigation, and resolution processes and among University personnel involved therein, to the extent allowed under law, but cannot be guaranteed in every circumstance. a. Confidentiality and privacy are best protected when complaints are made through the Online Reporting System, to the Title IX Coordinator, or to the Vice President of Human Capital. Complaints reported to other University employees who are not work study students will be escalated, but confidentiality and privacy may be lessened due to the circumstances of the reporting.
