194 rasmussen.edu | 888-5-RASMUSSEN ACADEMIC INFORMATION AND UNIVERSITY POLICIES 16. A Victim/Survivor who subsequently chooses to transfer to another postsecondary institution may request that the University provide them with information about resources for Victims/Survivors of sexual assault at the institution to which the Victim/Survivor is transferring. 17. Consistent with laws governing access to student records, a student who reported an incident of sexual assault will be provided access to the student’s description of the incident as it was reported to the institution, including if that student transfers to another postsecondary institution. D. Bystander Intervention Bystander intervention is an act of challenging the social norms that support, condone, or permit sexual violence. While the University supports the efforts of bystanders to prevent sexual harassment and sexual assault, nothing in this policy shall be construed to mean that the University encourages bystanders to place themselves in danger. Bystanders may intervene by notifying others that something is wrong, creating a distraction, removing a potential victim from a risky situation, or by helping to change culture by discouraging others from making inappropriate sexual comments or jokes. E. Informal Resolution Informal resolution is not always appropriate or feasible, depending upon the severity of the allegations and other circumstances. The University encourages Victims/ Survivors to file a complaint for any violation of this policy, regardless of the severity of the alleged incident. If, however, the Victim/Survivor would like to pursue informal resolution, the following information should be considered: 1. Early efforts to control a situation are important, particularly in cases of sexual harassment. 2. Sometimes unwelcome behavior can be stopped by telling the person directly that you are uncomfortable with his or her behavior and would like it to stop. This may be done in person, over the phone, via email or letter, or by speaking with faculty or an employee’s supervisor. 3. University employees are always available to provide guidance or assist the Victim/ Survivor with an informal resolution, or to file a complaint. 4. Family, friends, or other trusted persons may also provide helpful support and advice. 5. Community-based, state, and national support organizations, such as sexual assault crisis centers may be contacted. Some of these organizations are included in the List of University and External Authorities, Resources, and Support found at the end of these policies and on the University’s website. 6. At any time, and regardless of whether a complaint has been filed, the Victim/ Survivor may informally resolve any violation of this policy with the Respondent. F. Reporting a Complaint 1. Anyone—whether a student, employee, bystander, witness, or other third-party— may report a complaint under this policy. a. A student who is a Victim/Survivor should file their complaint through the Online Reporting System or with the Title IX Coordinator. i. If reporting through the Online Reporting System or to the Title IX Coordinator is not practical, any University employee other than work-study students may receive a complaint and will escalate it to the Title IX Coordinator. b. An employee who is a Victim/Survivor should file their complaint through the Online Reporting System or with the Vice President of Human Capital. c. A third-party who is a Victim/Survivor should file their complaint through the Online Reporting System or with the Title IX Coordinator. d. Bystanders, witnesses, or other third-parties should report through the Online Reporting System or to the Title IX Coordinator. 2. Submit complaints to: a. The Online Reporting System at http://www.rasmussen.edu/studentlife/title-ix/ on the University website. b. The Title IX Coordinator, ([email protected]) c. The Vice President of Human Capital ([email protected]) 3. Complaints made to faculty or other university employees who are not work-study students will be escalated to the Title IX Coordinator or Vice President of Human Capital as is appropriate. 4. Anonymous complaints are permitted, and an Inquiry will be initiated to the extent possible with the information available. 5. All complaints should be reported promptly. 6. Upon receipt of a complaint alleging sexual assault, domestic violence, dating violence, or stalking, the University will provide the Victim/Survivor, at the earliest opportunity, with a concise and plain language writing explaining the Victim’s/ Survivor’s Rights and Options. G. No Retaliation Allowed 1. Regarding an alleged incident of sexual assault, domestic violence, dating violence, or stalking, no retaliatory action (e.g., threats, intimidation, reprisals, or adverse employment or educational actions) shall be taken against: a. The Victim/Survivor; b. Those who, in good faith, report or disclose, file a complaint, or otherwise participate in the Inquiry, Investigation, or complaint resolution process; c. An individual who serves as an advisor or support person for any party; and d. An individual, merely because they are or have been the object of a complaint. 2. Complaints of retaliation will be investigated and resolved under the complaint procedures of this policy, and are subject to the range of sanctions outlined in this policy. H. Amnesty for Good Faith Reporters A witness or Victim/Survivor of an incident of alleged sexual assault, domestic violence, dating violence, or stalking who reports in good faith: 1. Shall not be sanctioned by the University for admitting in the report to a violation of University policy on the personal use of drugs or alcohol; and 2. Are immune from other violations of student conduct policies, including an action that places the health or safety of any other person at risk, unless the University determines that the violation was egregious. I. Inquiries, Investigations, and Resolution of Complaints 1. An Inquiry or Investigation is conducted by the Title IX Coordinator, Vice President of Human Capital, corporate counsel, or any combination thereof. 2. Inquiry. An Inquiry is an initial assessment of whether the reported incident is governed by this policy and will include a telephone conversation with the Complainant and Victim/Survivor. The Title IX Coordinator, Vice President of Human Capital, corporate counsel, or combination thereof, will make a determination whether the circumstances warrant further investigation or whether the reported incident can be resolved by taking any action deemed appropriate to ensure the Victim’s/Survivor’s rights under this policy. 3. Investigation. A formal Investigation may follow an Inquiry if warranted by the circumstances. a. Before an Investigation begins, the University shall notify the Complainant, Victim/Survivor, and Respondent of the University personnel with authority to make a finding or impose a sanction in their proceeding before the personnel initiate contact with any party. The parties have the opportunity to request a substitution if the participation of any of the University personnel with authority to make a finding or impose a sanction poses a conflict of interest. b. The procedure for conducting an Investigation will include: i. Implementation of appropriate interim protective measures, if requested or if deemed necessary by the investigator. ii. Interviewing the Victim/Survivor, Complainant, Respondent, and witnesses. iii. Communication with the Victim/Survivor until the matter is resolved. The Victim/Survivor will be informed of procedures being followed throughout the Inquiry or Investigation, but will not be informed of specific information derived from conversations with the Respondent. iv. A written report detailing findings, recommendations, and sanctions. c. The preponderance of the evidence standard shall be used in determining whether a violation of this policy occurred. J. Appeals 1. The Victim/Survivor and Complainant, and the Respondent, have the right to timely appeal the findings or imposed sanctions resulting from an Inquiry or Investigation. An appeal will only be considered if it alleges one of the following: a. A procedural error occurred; b. New information exists that would substantially change the outcome of the finding; or c. The sanction is disproportionate with the violation. 2. Appeals must be written, and filed with the General Counsel ([email protected]). 3. The word “APPEAL” should be clearly written at the top of the appeal. 4. The appeal should clearly state, with specific details, the justification for the appeal. 5. Appeal Procedure: a. The President and General Counsel will consider and decide the appeal. b. The appeal will be limited in scope to the matter appealed, and to the evidence contained in the original Inquiry and Investigation record, unless the basis for the appeal is that new information exists. ALL CONTENT IS SUBJECT TO CHANGE BY ADDENDUM
