Sexual Violence Resources

Per Minnesota State Board Policy 1B.3 Sexual Violence Policy: Sexual assault is an actual, attempted or threatened sexual act with another person without that person's consent. Sexual assault is often a criminal act that can be prosecuted under state law, as well as form the basis for discipline under the Minnesota State system and/or M State student conduct code and employee disciplinary standards.

Sexual assault includes but is not limited to:

1. Involvement without consent in any sexual act in which there is force, expressed or implied, or use of duress or deception upon the victim. Forced sexual intercourse is included in this definition, as are the acts commonly referred to as "date rape" or "acquaintance rape." This definition also includes the coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another.
2. Involvement in any sexual act when the victim is unable to give consent.
3. Intentional and unwelcome touching, or coercing, forcing or attempting to coerce or force another to touch a person's intimate parts (defined as primary genital area, groin, inner thigh, buttocks or breast).
4. Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to all report of sexual misconduct.

Consent is informed, freely given, and mutually understood willingness to participate in sexual activity that is expressed by clear, unambiguous, and affirmative words or actions. It is the responsibility of the person who wants to engage in sexual activity to ensure that the other person has consented to engage in the sexual activity. Consent must be present throughout the entire sexual activity and can be revoked at any time. If coercion, intimidation, threats, and/or physical force are used, there is no consent. If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. A lack of protest, absence of resistance, or silence alone does not constitute consent, and past consent of sexual activities does not imply ongoing future consent. The existence of a dating relationship between the people involved or the existence of a past sexual relationship does not prove the presence of, or otherwise provide the basis for, an assumption of consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to all report of sexual misconduct.

Per Minnesota State Board Policy 1B.3 Sexual Violence Policy: Violence including physical harm or abuse, and threats of physical harm or abuse, arising out of a personal intimate relationship. This violence also may be called domestic abuse or spousal/partner abuse and may be subject to criminal prosecution under Minnesota law.

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to all report of sexual misconduct.

Per Minnesota State Board Policy 1B.3 Sexual Violence Policy: Stalking is conduct directed at a specific person that is unwanted, unwelcome or unreciprocated and that would cause a reasonable person to fear for his or her safety or to suffer substantial emotional distress.

M State is committed to preventing sexual violence, discrimination and harassment, and we will respond to all report of sexual misconduct.

Per Minnesota State Board Policy sexual harassment is a form of sexual discrimination, which is prohibited by state and federal law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term of an individual's employment or education, evaluation of a student's academic performance, or term or condition of participation in a student activities or in other events or activities sanctioned by the college or university; or
• Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions or other decisions about participation in student activities or other events sanctioned by the college or university; or
• Such conduct has the purpose or effect of threatening an individual's employment; interfering with an individual's work or academic performance; or creating an intimidating, hostile, or offensive work or educational environment.

M State is responsible for investigating allegations brought by students, faculty, and staff who believe they have been harassed or discriminated against because they are a member of a protected group under Minnesota State Board Policy 1B.1 Equal Opportunity and Nondiscrimination Policy and 1B.1 Procedure.

Level 1 offenders are determined to be at a lower risk to re-offend. Police agencies may open a file on these offenders and may release information about the release of the offender to victims of and witnesses to the crime, other law enforcement agencies and anyone identified by the prosecuting attorney to receive the information.

Level 2 offenders are determined to be at a moderate risk to re-offend. Police agencies may release information to anyone included in the Level 1 information release, and in addition may notify organizations about the offender's release. These organizations may include schools, daycare centers and other organizations where individuals who may become victims of the offender are regularly found. Law enforcement will make the decision on which organizations to notify based on the offender's past pattern of behavior. Law enforcement officials may also choose to notify certain individuals that they determine to be at possibly risk from the offender, but this is not a widespread community notification. Organizations notified about a Level 2 offender are given this information to protect individuals in their care while they are on or near the premises of those organizations. The information is not to be redistributed by those organizations that have been notified.

Level 3 offenders have been determined to be at the highest risk for re-offense out of all of the three risk levels. Law enforcement may notify all individuals and agencies included in Level 1and Level 2 notifications and may also distribute information about the offender to everyone else in the community. In addition, officials may use the media and other distribution methods to get this information to the public. According to law enforcement policy, enforcement officials hold public meetings in the areas where Level 3 offenders reside. At those meetings, information about the notification process, about the registration of predatory offenders, and information about the general population of these offenders is distributed and discussed. In addition, information about a specific offender or offenders is released. The information includes a general area of residence, a description of the offender (with photograph) and a description of the pattern of behavior that this offender has been known to display in the past. This disclosure does not apply to offenders that are in licensed residential facilities where staff have been trained to manage sexual offenders (halfway houses), nor does it apply to offenders in secure hospital facilities operated by the Minnesota Department of Human Services (hospitals in Moose Lake and St. Peter).