MSC Southeast Procedures
Section 100 Procedures
Section 111 - Admission Denied: Appeal Procedure
- Individuals shall request in writing to the Vice President of Student Affairs that their appeal for admission to the College be reviewed. The Vice President of Student Affairs will establish a meeting with a review committee within fourteen (14) days of the date that the request for review is received.
- The prospective student will be advised of the meeting in order to determine if he/she would join the meeting and discuss the appeal with the review committee.
- The review committee will evaluate the request and make a determination regarding admission within five (5) workings days of the committee review.
- The Vice President of Student Affairs will inform the student of the decision accordingly.
Section 112 - Complaints and Grievances Procedure
State procedures 3.8.1 for filing student complaints can be found here.
- Step A: Informal Process: If a problem exists involving a student and a school employee, a school policy or a school procedure, the student should seek to resolve the problem by discussing the situation with his/her instructor or advisor. If this does not resolve the problem, the student should then contact the Campus Counselor. If the problem cannot be resolved at this step, the Campus Counselor should advise the student of the next step in the process.
- Step B: Formal Process: If the problem cannot be resolved through an informal discussion as outlined in Step A, the complainant can submit a grievance in writing to the Vice President of Student or Academic Affairs or their designee. The complainant should present the grievance, in writing, within five school days of the event on which the grievance is based. A meeting with the Vice President of Student or Academic Affairs must be scheduled for the student within five school days after the receipt of written notification of the grievance. The decision of the Vice Presidents shall be final.
- Step C: If the grievance involves a Board of Trustees policy or the actions of the Vice President of Student or Academic Affairs, a student may further appeal the college decision through the Chancellor to the Board of Trustees. The decision of the Board is final and binding.
- Note 1: No retaliation of any kind shall be taken against a student for participation in a complaint or grievance procedure. These procedures shall also protect data privacy rights.
- Note 2: This complaint/grievance procedure does not prohibit the student from filing complaint/grievance with any appropriate federal, state or local departments of human rights. However, students are encouraged to use the procedure outlined above.
Section 113 - Student Code of Conduct Procedure
Part 1: Examples of Violations
While it is not possible to define each instance of misconduct, the following are intended to convey offenses, which might result in student conduct action:
- Violation of written Board of Trustees and college policies, rules or regulations.
- Violation of local, state, or federal laws on college property or off-campus when the violation is directly related to the college community.
- Violations off-campus, when it adversely affects the educational, research or service functions of the college.
- Violations constituting a felony under state or federal law.
- Academic dishonesty including, but not limited to, cheating and plagiarism (see the Academic Integrity Policy above).
- Disruption by an individual or group in college operations or the rights of others to participate in college programs or services.
- Unauthorized entry into or use of college facilities or equipment.
- Violation of student electronic mail rules and regulations.
- Alleged or actual criminal violence such as possession of weapons or incendiary devices. This could include theft, vandalism, or physical violence against property or another person.
- Possession, use, sale, or distribution of alcoholic beverages at the college or college-sponsored events on or off campus.
- Physical or psychological/emotional abuse including, but not limited to, stalking, sexual violence, intimidation or harassment.
Hazing activities which endangers the mental and physical health or safety of a student, or subjects a person to public humiliation or ridicule, or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
Warning - A warning is a written notice to students that their conduct has been inappropriate. The warning will note that future violations will result in more serious sanctions. The written warning will be placed in the student’s record.
Probation – A probation period is a specified period of time during which students will have an opportunity to remediate their behavior. Students may be restricted from participation in college classes or activities. Additionally, students may be required to perform some type of work function or attend counseling sessions and complete follow-up recommendations.
Summary Suspension - A suspension, not to exceed ten (10) school days, imposed without a formal hearing to ensure the safety and well-being of members of the College community.
Suspension - Denial of the privilege of enrollment for a specified period of time after which the student is eligible to return. Conditions for re-admission may be specified.
Expulsion - Permanent denial of the privilege of enrollment.
Investigation and Informal Process
Any member of the college community may file a written complaint alleging that a student or organization has violated student conduct proscriptions. Persons filing complaints shall be informed of their rights under the Minnesota Statute 13.04, subdivision 2. Following the filing of a complaint against a student, the person responsible for administering the code (in this policy, referred to as the “administrator”) shall conduct an investigation of the charges. The college’s process shall include the following:
- If the complaint seems unwarranted, the administrator may discontinue proceedings.
- If there is sufficient evidence to support the complaint, the administrator shall offer the accused student an opportunity to resolve the alleged violation at an informal meeting. Five (5) days prior to this informal meeting, the student shall be given oral or written notice of the charges against him/her and of the evidence to support the charge and provided with a copy of the code of conduct. During the informal meeting the administrator shall review the complaint and the evidence with the student and allow the student to present a defense against the complaint. Within a reasonable time period following the informal meeting, the administrator shall inform the accused student in writing of his/her decision whether a violation of the code was established by a preponderance of evidence and any applicable sanction as well as options available for an appeal and/or a formal hearing.
- A student who is subject to a sanction of expulsion or suspension, except summary suspension, for more than nine days may agree to accept the sanction, or may request a formal hearing (see part 4) prior to implementation of the sanction. Other sanctions shall be accepted or may be appealed in accordance with the college’s appeal procedures (see part 5).
- If the accused student fails to appear for the informal hearing, the administrator may proceed to review and act upon the complaint in his/her absence and shall notify the student in writing of an action taken.
Formal Hearing and Due Process Rights
- The college will select the formal hearing panel. The panel will consist of a faculty member and a college counselor. A college administrator, selected by the college president, will serve as facilitator.
- Students referred for a formal hearing will be notified in writing at least five (5) school days prior to the hearing of the time, place and date of the formal hearing. The student’s failure to appear at the hearing will not prevent the hearing from proceeding as scheduled.
- Within a reasonable time prior to the hearing, the student will be notified in writing of the charges, the evidence to be presented, a list of witnesses, and the nature of their testimony.
- The student shall be given the opportunity to speak in his/her own defense, to present witnesses, to question any witnesses and to have an advocate present. The advocate may provide advice to the student, but may not participate in any questioning. When there is likelihood that a student involved in conduct proceedings will face criminal prosecution for a serious offense, it may be advisable for the student to have an attorney as advocate.
- A written notice of findings and conclusions will be provided to the student within ten (10) school days after the hearing. The notice will inform the student of any sanctions to be imposed. The notice shall also contain information regarding any applicable appeal process.
The student has the right to appeal the sanction imposed by the formal hearing panel to the college president within ten (10) school days following the hearing. The president will have ten (10) school days to respond to the appeal.
Students have the right to appeal the college president’s decision to an administrative law judge at the Office of Administrative Hearings. The administrative law judge will conduct a hearing and make a recommendation regarding sanction to the Minnesota State chancellor or designee. The decision of the chancellor or designee will be final.
Section 123: Access to Student Records Procedure
Access by Student
Upon written request, the college shall provide a student with access to his or her education records, unless limited by law. All students at a college have the same rights regarding their education records irrespective of age.
There is no charge for viewing the records even if the college is required to make a copy for the record in order to provide access. Responses to requests by students to review their education records shall be immediate, if possible, or within ten business days.
Upon request, the meaning of their education record shall be explained to the student by MSC Southeast personnel assigned to, and designated by, the appropriate office.
Students have the right to review only their own records. When a record contains private information about other individual(s), disclosure cannot include information regarding the other individual(s). A student does not have access to financial information and statements of the student’s parents or any information contained therein.
A student may gain access to their educational records in writing. Request should be directed to the Department they wish to review information from.
- College Deans/Coordinator Student
- Vice President of Student Affairs
- Director of Finance
- Director of Financial Aid
Students do not have access to confidential letters or statements of recommendation placed in education records before January 1, 1975 or after January 1, 1975 if the student waived his/her right of access as permitted by law.
Consent for Release to Third Parties Generally Required
The college will not disclose or release to a third party personally identifiable information from education records without the prior written consent of the subject student except as authorized by law.
To be valid, a written consent for the disclosure of education records must: 1) specify the records to be disclosed; 2) state the purpose of the disclosure; 3) identify the party or class of parties to whom the disclosure may be made; and 4) be signed and dated by the student. If the disclosure is to an insurer or its representative, the release must also include an expiration date no later than one year from the original authorization, or two years for a life insurance application. If the student requests, the school shall provide him or her with a copy of the records released pursuant to the consent. A consent to release education records is available in the Student Services Office.
Release Without Consent
As required or permitted by law, the college will release personally identifiable information in an education record without consent as follows:
- to college school officials who have been determined to have a legitimate educational interest in the records; Note: MSC Southeast has defined school official as: a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a trustee of Minnesota State Colleges and Universities; or a student serving on an official committee, or assisting another school official in performing his or her tasks. A school official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her official responsibilities.
- to federal, state, or local officials or agencies authorized by law, including, but not limited to authorized representative of: the Comptroller General of the United States; the Attorney General of the United States; the Secretary of the United States Department of Education; or state and local educational authorities;
- in connection with a student’s application for, or receipt of, financial aid;
- to accrediting organizations or organizations conducting educational studies, provided that these organizations do not release personally identifiable data and destroy such data when it is no longer needed for the purpose it was obtained;
- upon adequate proof, to the parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954;
- in compliance with a judicial order or lawfully issued subpoena, provided a reasonable effort is made to notify the student in advance unless such subpoena is a Federal grand jury subpoena or other subpoena issued for a law enforcement purpose and the court or issuing agency specifically directs the institution not to disclose the existence of a subpoena;
- to appropriate persons in an emergency situation if the information in necessary to protect the health or safety of the students or other persons; the information has been designated by the college as “Directory Information” and the student has not exercised his/her rights of non-disclosure;
- the information is the final result of the alleged student perpetrator’s disciplinary proceeding to an alleged victim of a crime of violence (as defined in 18 U.S.C. Sect 16) or non-forcible sex offense; or
- the information is the final result of a disciplinary hearing finding that a student has violated the college’s rules or policies by conduct defined as a crime of violence in 18 U.S.C. Sec 16, or non-forcible sex offense, and the final results were reached on or after October 7, 1998.
- If you are currently enrolled in, receiving services, seek or intend to enroll at a college or university within the Minnesota State College and University System, your academic records from that institution are available to officials of other schools within the System while you are in attendance. Disclosures of your records to other schools under other circumstances require your prior written consent.
The college will inform a third party to whom personally identifiable information is released of the applicable limitations on re-disclosure. If the institution discovers that a third party who has received student records from the institution has released or failed to destroy such records in violation of such limitations, it will prohibit access to education records for five (5) years.
Record of Requests for Disclosure
Where required by law, a record of requests for disclosure and such disclosure of personally identifiable information from student education records shall be maintained by MSC Southeast for each student and will be also made available for inspection pursuant to this policy. Records of requests for disclosure no longer subject to audit or under active request for access will be maintained according to the applicable records retention policy.
Section 123: Directory and Limited Directory Information Procedure
The following information on students at MSC Southeast is designated as Directory Information, which is public data accessible to the public upon request pursuant to Minn. Stat. Sect. 13.03:
- student’s name
- major field of study
- participation in officially recognized activities and sports
- dates of attendance
- degrees and awards received
- date of graduation
Because Directory Information is considered public, Minnesota State College Southeast will release such information to anyone upon request except for the Directory Information of students who have requested suppression. Students who wish to suppress their Directory Information must submit a written request by completing an Authorization to Withhold Directory Information form, which will remain in effect until a change is requested in writing. This form can be picked up in the Student Services Office or found on our college website at: http://www.southeastmn.edu/current_student/forms/index.aspx
Students who wish to restrict their names should realize that their names will not appear in the President's List, commencement bulletin and other Minnesota State Southeast College publications. Also, third parties will be denied all of the student's Directory Information and will be informed that there is no information available about the student's attendance at Minnesota State College Southeast. Students who wish to override a suppression request for a specific party or purpose may do so by providing a written authorization to the Registrar's Office.
Minnesota State College Southeast designates the following information as Limited Directory Information. These are defined as Limited Directory Information for enterprise technology related purposes internal to the Minnesota State Colleges and Universities system that are approved by the System Office IT, including but not limited to inclusion of email addresses and StarID numbers in a directory accessible to Minnesota State students and employees.
- Student email addresses
Student StarID numbers
Students who request suppression of their Directory Information will also be deemed to have requested suppression of their Limited Directory Information.
Section 123: Challenge of Record Procedure
Students may challenge the accuracy or completeness of their education records. Note: the right to challenge a grade does not apply under this policy unless the grade assigned was allegedly inaccurately recorded. Students may challenge a grade within one academic term after the grade has been posted to their official transcript.
The student may discuss his or her problems informally with Steve Zmyewski, Data Practices Compliance Official. If agreement is reached with respect to the student’s request, the appropriate records will be amended, and a reasonable attempt will be made to notify past recipients of inaccurate or incomplete data, including recipients named by student. If not, the student will be notified within a reasonable period of time that the records will not be amended, and will be informed by Steve Zmyewski of their right to a formal hearing.
Student requests for a formal hearing must be made in writing to the Minnesota Commissioner of Administration within 60 days of receiving the decision. The request must by directed to: Commissioner of Administration, State of Minnesota, 50 Sherburne Avenue, St. Paul, MN 55155, who, within a reasonable period of time after receiving the request, will inform the student of the date, place and the time of the hearing. The hearing will be conducted by the Office of Administrative Hearings (OAH) and according to the procedures set forth in Minn. Stat. Chapter 14. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the student’s expense.
Decisions of the hearing officer will be based solely on the evidence presented at the hearing, will consist of the written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned.
The education records will be corrected or amended in accordance with the decision of OAH if the decision is in favor of the student. If the decision is unsatisfactory to the student, the student may place with the education records statements commenting on the information in the records or statements setting forth any reasons for disagreeing with the decision of the hearing officer, or both. The statements will be placed in and maintained as part of the student’s educational records, and released whenever the records in questions are disclosed.
Students may have copies of their education records and this policy upon request. The copies of records will be made at the student’s expense rates at 10 cents per copy.
The charge for transcripts will be $7.00.
Copies of academic records or official transcripts will not be released for students who have a delinquent financial obligation or financial “hold” at the college, unless otherwise required by law.
Section 123: Complaints Procedure
Complaints regarding alleged failures to comply with the provisions of FERPA may be submitted in writing to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-4605.
Complaints may also be submitted to the following designated college official.
Complaints about compliance with the MGDPA may be brought to the college Data Practices Compliance Official, Steve Zmyewski, or to the Minnesota Commissioner of Administration.
Section 125: Veterans' Responsibility: Training Credits Procedures and Guidelines
[Veterans' Responsibility: Training Credits Policy]
To request Veteran’s Educational Benefits:
- Student brings DD-214 to Veteran’s representative on each Campus.
- If the student has attended another institution, the College will require an Academic Transcript from each College attended.
- The College will verify with the Veterans Affairs Office the number of credits the student takes each semester.
- It is the student’s responsibility to inform the Veterans Affairs Office or the Veteran’s representative at the school if s/he withdraws from any courses during the semester.
The College may grant credit for military and other training/education that is relevant to the MSC Southeast program major curriculum. However, the subsequent reduction in credit hours may result in a reduction in the amount of the monthly check.
Satisfactory Progress Requirements
In order to remain eligible for veteran educational benefits, veterans are subject to College standards.
With some exceptions, a veteran who withdraws from the College during any given term will be required to repay benefits received from the Veterans Administration for the days in which the veteran was officially enrolled in that term. Veterans should clarify with the College veteran’s representative their status regarding withdrawal.
Section 138 - Procedure 1B.3.1 Sexual Violence Procedure
Sexual Violence Resources (PDF)
Part 1. Purpose
This procedure provides a process through which individuals alleging sexual violence may pursue a complaint, pursuant to Board Policy 1B.3 Sexual Violence Policy prohibiting sexual violence.
This procedure is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation and reprisal.
Part 2. Definitions
The definitions in Policy 1B.3 also apply to this procedure.
- Campus security authority
Campus security authority includes the following categories of individuals at a college or university:
- A college or university security department;
- Any individual who has campus security responsibilities in addition to a college or university security department;
- Any individual or organization identified in a college or university security policy as an individual or organization to which students and employees should report criminal offenses;
- An official of a college or university who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings; advisors to recognized student organizations; and athletic coaches. Professional counselors, whose official responsibilities include providing mental health counseling, and who are functioning within the scope of their license or certification, are not included in this definition.
Part 3. Reporting Incidents of Sexual Violence
Subpart A. Prompt reporting encouraged
Complainants of sexual violence may report incidents at any time, but are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding.
Complainants are strongly encouraged to report incidents of sexual violence to law enforcement for the location where the incident occurred. Complainants are also encouraged to contact the local victim/survivor services office, counseling and health care providers, campus Title IX coordinators, or Minnesota State Colleges and Universities campus security authorities for appropriate action.
Subpart B. Assistance in reporting
When informed of an alleged incident of sexual violence, all Minnesota State Colleges and Universities students and employees are urged to encourage and assist complainants, as needed, to report the incident to local law enforcement, local victim/survivor services, campus Title IX coordinator, or campus security authorities.
Campus security authorities, when informed of an alleged incident of sexual violence, shall promptly assist the complainant, as requested, including providing guidance in filing complaints with outside agencies, such as law enforcement; obtaining appropriate assistance from victim/survivor services or medical treatment professionals; and filing a complaint with campus officials responsible for enforcing the student conduct code or employee conduct standards.
When appropriate, Minnesota State Colleges and Universities may pursue legal action against a respondent, including, but not limited to, trespass or restraining orders, in addition to disciplinary action under the applicable student or employee conduct standard. A college or university may take actions it deems necessary or appropriate in response to all protection, restraining, or no-contact orders.
Part 4. Confidentiality of reporting
Subpart A. Confidential reports
Because of laws concerning government data contained in Minn. Stat. § 13 Government Data Practices, colleges and universities cannot guarantee confidentiality to those who report incidents of sexual violence except where those reports are privileged communications with licensed healthcare professionals. Some off-campus reports also may be legally privileged by law, such as reports to clergy, private legal counsel, or healthcare professionals.
Subpart B. Reports to campus security authorities
Complainants of sexual violence may contact any campus security authority for appropriate assistance or to report incidents. Absolute confidentiality of reports made to campus security authorities cannot be promised. However, campus security authorities shall not disclose personally identifiable information about a complainant of sexual violence without the complainant’s consent, except as may be required or permitted by law. There may be instances in which a college, university, or the system office determines it needs to act regardless of whether the parties have reached a personal resolution or if the complainant requests that no action be taken. In such instances, Minnesota State Colleges and Universities will investigate and take appropriate action, taking care to protect the identity of the complainant and any other reporter in accordance with this procedure.
Subpart C. Required reports
Any campus security authority or any college or university employee with supervisory or student-advising responsibility who has been informed of an alleged incident of sexual violence shall follow college or university procedures for making a report for the annual crime statistics report. In addition, the campus security authority shall report to other school officials, as appropriate, such as the campus affirmative action office, the campus office responsible for administering the student conduct code, and/or the designated Title IX compliance coordinator, in order to initiate any applicable investigative or other resolution procedures.
Campus security authorities may be obligated to report to law enforcement the fact that a sexual assault has occurred, but the name of or other personally identifiable information about the complainant will be provided only with the consent of the complainant, except as may be required or permitted by law.
Part 5. Policy notices
Subpart A. Distribution of policy to students
Each college or university shall, at a minimum, at the time of registration make available to each student information about its sexual violence policy and procedure, including its online reporting system that allows for anonymous reporting, and shall additionally post a copy of its policy and procedure at appropriate locations on campus at all times. A college or university may distribute its policy and procedure by posting on an Internet or Intranet website, provided all students are directly notified of how to access the policy by an exact address, and that they may request a paper copy.
Subpart B. Distribution of policy to employees
Colleges, universities, and the system office shall make available to all employees a copy of the sexual violence policy and procedure. Distribution may be accomplished by posting on an Internet or Intranet website, provided all employees are directly notified of the exact address of the policy and procedure as well as the option of receiving a paper copy upon request.
Subpart C. Required notice
Each college or university shall have a sexual violence policy, which must include the notice provisions in this part.
- Notice of complainant options
Following a report of sexual violence the complainant must be promptly notified of:
- Where and how to obtain immediate medical assistance. Complainants should be informed that timely reporting and a medical examination within 72 hours are critical in preserving evidence of sexual assault and proving a criminal or civil case against a perpetrator. Complainants should be told, however, that they may report incidents of sexual violence at any time.
- Where and how to report incidents of sexual violence to local law enforcement officials, and/or appropriate college, university, or system contacts for employees, students, and others. Such contacts should be identified by name, location, and phone number for 24-hour availability, as applicable.
- Resources for where and how complainants may obtain on- or off-campus counseling, mental health, or other support services.
- Notice of complainant rights
Complainants must be notified of the following:
- Their right to file criminal charges with local law enforcement officials in sexual assault cases;
- Rights under the crime victims bill of rights, Minn. Stat. §§ 611A.01 – 611A.06, including the right to assistance from the Crime Victims Reparations Board and the commissioner of public safety;
- Availability of prompt assistance from campus officials, upon request, in notifying the appropriate campus investigating authorities and law enforcement officials, and, at the direction of law enforcement authorities, assistance in obtaining, securing, and maintaining evidence in connection with a sexual violence incident;
- Assistance available from campus authorities in preserving for a sexual violence complainant materials relating to a campus disciplinary proceeding;
- Complaints of incidents of sexual violence made to campus security authorities must be promptly and appropriately investigated and resolved;
- Upon a sexual assault complainant’s request, the college, university, or system office may take action to prevent unwanted contact with the alleged assailant, including, but not limited to, transfer of the complainant and/or the respondent to alternative classes, or to a work site or to alternative college-owned housing, if such alternatives are available and feasible.
- Upon the request of the complainant, students who reported sexual assaults to the college or university and subsequently chose to transfer to another college or university will be provided with information about resources for victims of sexual assault at the college or university to which the complainant is transferring
Part 6. Investigation and Disciplinary Procedures
Subpart A. Immediate action
A college or university may, at any time during the report/complaint process, reassign or place on administrative leave an employee alleged to have violated Board Policy 1B.3, in accordance with the procedures in System Procedure 1B.1.1. Such action must be consistent with the applicable collective bargaining agreement or personnel plan.
A college or university may summarily suspend or take other temporary measures against a student alleged to have committed a violation of Board Policy 1B.3, in accordance with System Procedure 1B.1.1 or Board Policy 3.6.
Subpart B. General principles
Colleges, universities, and the system office shall use System Procedure 1B.1.1 Report/Complaint of Discrimination/Harassment Investigations and Resolution when investigating complaints of sexual violence. Procedures used in response to a complaint of sexual violence should avoid requiring complainants to follow any plan of action, to prevent the possibility of re-victimization.
College and university investigation and disciplinary procedures concerning allegations of sexual violence against employees or students must:
- Be respectful of the needs and rights of individuals involved and treat them with dignity;
- Not suggest to the complainant that he or she was at fault for the sexual assault or should have behaved differently to prevent the assault;
- Proceed as promptly as possible
- Permit a student complainant and a student respondent to have the same opportunity to have an appropriate support person or advisor present at any interview or hearing, in a manner consistent with the governing procedures and applicable data practices law;
- Afford employees the right to representation consistent with the appropriate collective bargaining agreement or personnel plan;
- Be conducted in accordance with applicable due process standards and privacy laws;
- Simultaneously inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
- Be based on a preponderance of evidence standard, meaning that it is more likely than not that the policy, procedure, or code has been violated.
The past sexual history of the complainant and respondent must be deemed irrelevant except as that history may directly relate to the incident being considered.
A respondent’s use of any drug, including alcohol, judged to be related to an offense may be considered to be an exacerbating rather than mitigating circumstance.
Subpart C. Relationship to parallel proceedings
In general, college, university, and system office investigation and disciplinary procedures for allegations of sexual violence will proceed independent of any action taken in criminal or civil courts. A college or university need not, and in most cases should not, delay its proceedings while a parallel legal action is ongoing. If a college or university is aware of a criminal proceeding involving the alleged incident, they may contact the prosecuting authority to coordinate when feasible. Criminal or civil court proceedings are not a substitute for college, university, and system office procedures.
Subpart D. Memorandum of understanding with local law enforcement
Each college or university shall enter into a memorandum of understanding with the primary law enforcement agencies that serve their campus(es). Prior to the start of each academic year, each college or university shall distribute an electronic copy of the MOU to all employees on the campus that are subject to the memorandum. Colleges and universities are exempt from the MOU requirement if they and local or county law enforcement agencies establish a sexual assault protocol team to facilitate effective cooperation and collaboration between the college or university and law enforcement.
Subpart E. False statements prohibited
Colleges, universities, and the system office take allegations of sexual violence very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual violence, or who provides false information during the investigation of such a complaint or report, may be subject to discipline or, under certain circumstances, legal action. Complaints of conduct that are found not to violate policy are not assumed to be false.
Subpart F. Withdrawn complaint
If a complainant no longer desires to pursue a complaint through the college’s or university’s proceeding, the college or university reserves the right to investigate and resolve the complaint as it deems appropriate.
Subpart G. Discretion to pursue certain allegations
Minnesota State Colleges and Universities reserves discretion whether to pursue alleged violations of policy under appropriate circumstances, including, but not limited to, a determination that an effective investigation is not feasible because of the passage of time, or because the respondent is no longer a student or employee of the college, or university, or system office.
Subpart H. Sanctions
Sanctions that may be imposed if a finding is made that sexual violence has occurred include, but are not limited to, suspension, or expulsion of students, or termination from employment for employees. The appropriate sanction will be determined on a case-by-case basis, taking into account the severity of the conduct, the student’s or employee’s previous disciplinary history, and other factors as appropriate.
Witnesses or victims who report in good faith an incident of sexual violence will not be sanctioned by the college, university, or system office for admitting in the report to a violation of the student conduct policy on the use of alcohol or drugs.
Subpart I. Retaliation prohibited
Actions by a student or employee intended as retaliation, reprisal, or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.
Part 7. Sexual Violence Prevention and Education
Subpart A. Campus-wide training
Colleges, universities, and the system office shall:
- Include in their sexual violence policy a description of educational programs that they offer to students and employees to promote the awareness of sexual violence offenses, including sexual violence prevention measures and procedures for responding to incidents.
- Provide training on awareness of sexual violence prevention measures and procedures for responding to incidents of sexual violence. At a minimum, all incoming students and all new employees must be provided with this training;
- Emphasize in their educational programs the importance of preserving evidence for proof of a criminal offense, safe and positive options for bystander intervention, and information on risk reduction to recognize warning signs of abusive behavior and risk associated with the perpetration of sexual violence.
Subpart B. Other training and education
Colleges and universities and affiliated student organizations are encouraged to develop educational programs, brochures, posters, and other means of information to decrease the incidence of sexual violence and advise individuals of the legal and other options available if they are the complainants of an incident or if they learn of such an incident.
Subpart C. Training for individuals charged with decision-making authority
Prior to serving as either an investigator or decision maker for complaints under this procedure, administrators shall complete investigator or decision-maker training provided by the system office.
Investigators/decisionmakers, campus security officers, and anyone else involved in the adjudication process must receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
Part 8. Maintenance of report/complaint procedure documentation
Data that is collected, created, received, maintained, or disseminated about incidents of sexual violence will be handled in accordance with the privacy requirements of Minn. Stat. § 13 Government Data Practices and other applicable laws.
Information on reports of incidents of sexual violence that are made to Campus Security Authorities must be documented in accordance with the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act, codified at 20 U.S.C. § 1092 (f). The information will be used to report campus crime statistics on college and university campuses as required by the Clery Act.
During and upon the completion of the complaint process, the complaint file must be maintained in a secure location. Access to complaint file information, including information stored electronically, must be in accordance with the applicable collective bargaining agreement or personnel plan, the Minnesota Government Data Practices Act, the Family Educational Rights and Privacy Act, and other applicable law and policy.
Each college, university and the system office shall annually report statistics on sexual assaults to the Minnesota Office of Higher Education. Additionally, the report must be published on each college and university website in accordance with state law.
Date of Adoption: 05/17/04
Date of Implementation: 05/17/04
Date of Last Review: 07/13/16
State College Southeast Procedure
Any individual who believes she or he has been, or
is being, subjected to conduct prohibited by Minnesota State Board Policy 1B.3, Sexual
Violence Policy, is encouraged to report the incident to the Affirmative Action
Officer/Title IX Coordinator, Jonathan Eichten, 507-453-1420, Jonathan.Eichten@southeastmn.edu.