2023–2024 CATALOG AND STUDENT HANDBOOK ACADEMIC INFORMATION AND UNIVERSITY POLICIES 185 • Impersonating someone else or using a fake or fraudulent account. Posting any fake or fraudulent “facts” or statements is prohibited. Such posts or comments may be deleted. • Creating identical or duplicate posts by the same user or identical posts by a group of users. Rasmussen University may delete any of the foregoing posts. • Using social media accounts to report phishing, spam, or criminal activity. Suspicious emails and other activity should be reported to our Personal Support Center by contacting [email protected] or 866-693-2211 for assistance. Rasmussen University reserves the right to take any and all appropriate action if, in its sole discretion, a user or users violate any of these online community guidelines. Rasmussen University further reserves the right to remove posts or comments at any time without notice and to change any of these terms at any time. All terms of service and guidelines implemented by Facebook, TargetX Schools App, Twitter, Instagram, Pinterest, YouTube, LinkedIn, Yelp, and Google My Business must be followed. Student Location The state in which a student is located is determined from their address in Rasmussen’s student information system. The student information system is populated with the address from the student’s application at the time of initial enrollment. A student’s address may be updated at any time by the student (via the Student Portal) or by university personnel acting at the student’s request. Relocation to another state after enrollment may adversely impact the student’s ability to complete the program. Title IX and Policy Against Sexual Misconduct A. General Provisions 1. References to “this policy” means Sections A through K of this policy. 2. University policy strongly condemns and expressly prohibits sexual assault, domestic violence, dating violence, sexual harassment, and stalking. a. References to “University policy” mean the rule outlined in this section, A(2). 3. Title IX of the Education Amendments of 1972 (see 34 C.F.R. Part 106) protects people from discrimination based on sex in education programs or activities that receive federal financial assistance, and applies to all gender identities. Title IX states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. 4. Title VII of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000e et seq.) prohibits employers from discriminating against any individual with respect to their compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin. 5. This policy applies to the actions of students and employees, including co-workers, managers, or by any other persons doing business with or for the University. 6. Location of the alleged incident that violates this policy: a. This policy applies to harms against students regardless of where the incident occurred. b. This policy applies to harms against employees or third-parties occurring on property owned or leased by the University, or at any activity, program, organization, or event sponsored by the University, or by a fraternity or sorority. 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, ALL CONTENT IS SUBJECT TO CHANGE BY ADDENDUM
