186 rasmussen.edu | 888-5-RASMUSSEN ACADEMIC INFORMATION AND UNIVERSITY POLICIES ALL CONTENT IS SUBJECT TO CHANGE BY ADDENDUM 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. 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 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. 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 a raise to an employee if they will go on a date with them; a manager telling an employee they will fire them if they do not have sex with them. 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:
