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Minnesota State College Southeast
A Technical & Community College
Policies

MSC Southeast Policies

Section 100 - Student Affairs

ENROLLMENT:

101 - Application and Admission Requirements

The purpose of this policy is To provide clear, accessible information to students regarding admission requirements to the college as well as the appropriate level of academic preparation necessary for success in specific program of study.

Students may be admitted to Minnesota State College Southeast if they are high school graduates or have a General Equivalency Diploma (GED). A person who does not have a high school diploma or its equivalent and intends to enroll in an eligible career pathways program may be admitted if that person demonstrates passing scores on the approved Ability to Benefit (ATB) test.  A person who does not have a high school diploma or its equivalent may be admitted at the discretion of the college according to locally determined admissions requirements. All students seeking to enroll at the College must submit approved application materials including: (1) an approved MN State application form, (2) an approved MN State application fee, and (3) documentation to validate college degrees, high school graduation or attainment of a General Equivalency Diploma (GED). Some programs may require additional admission criteria and documentation.  Those applicants who are unable to present traditional documentation of educational preparation must be individually evaluated on the basis of guidelines consistent with the college's identity and mission. Some students may be admitted to Minnesota State College Southeast but denied admission to a particular program because of program requirements or limited class size. The lack of English skills is not a barrier to admission. 

International students may be admitted to Southeast if (1) they obtain a TOEFL score of 500 on the paper version, 173 on the computer-based version or 61 on the internet-based version of the test, (2) provide the college with documentation showing adequate financial resources to complete educational and living expenses without financial assistance from the college, (3) submit an approved F-1 or M-1 visa to the college's admission department prior to registration for any course, and (4) purchase Minnesota State approved international student health insurance policy or provide proof of a plan provided by the sponsoring agency or government.

Students on academic suspension from any college or university system shall not be admitted during the term of that suspension, unless the applicant is able to demonstrate potential for being successful in the particular program to which they apply by completing the Suspension Appeal Process and having their appeal granted. Students who have been suspended or expelled for disciplinary reasons from any post-secondary institution may be denied admission to Southeast. Students denied admission to Southeast may appeal this decision through College Policy 111, Admission Denied: Appeal. 

Visiting Student Status

A student shall be allowed to enroll for the maximum number of credits allowed by its enrollment policy in any semester without submitting an application for admission. A visiting student is not required to submit an application for admission, and is not a candidate for a degree, diploma, or certificate at the college attended in visiting student status. 

  1. Visiting students shall satisfy course prerequisites of the college.
  2. The College may deny enrollment as a visiting student to any student who has an enrollment hold due to conduct or academic progress reasons at any college. A visiting student who has an enrollment hold due to conduct or academic progress reasons at the visiting institution shall complete the appropriate appeals process at the college or university where the hold is located.
  3. The College shall deny enrollment as a visiting student to any student who has an enrollment hold due to outstanding financial obligations at any other college or university.
  4. The College may limit enrollment of visiting students in courses that historically have enrollment requests exceeding available seats.   

Approved: April 10, 1997
Reviewed: December 28, 2010, October 23, 2013, May 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; February 7, 2011; May 13, 2020 

 

102 - Placement Testing

Responsible Office: Student Affairs
Responsible Officer:  Dean of Students
Related Minnesota State Board Policy: 3.3 Assessment for Course Placement
Related Minnesota State Board Procedure: 3.3.1 Assessment for Course Placement 

PURPOSE: The purpose of this policy is to establish the requirement regarding the use of placement testing. 

Prior to enrolling in Minnesota State College Southeast courses, students must document their level of competence in reading, and may be required to demonstrate competence in mathematics depending upon program of enrollment. The placement test scores have a five-year time limit for the reading comprehension portion and two-year time limit for the mathematics portion of the test. Students may utilize an alternative option to taking the college placement test. Those options include: 

A. Transcripts from higher education institutions showing a grade of "D" or better in comparable college level courses in mathematics and English.
B. Transcripts from a higher education institution documenting an A.A.S., degree or higher.
C. ACT or SAT scores
D. Minnesota Comprehensive Assessment (MCA) scores.  

Approved: June 17, 1997
Reviewed: October 23, 2013; June 10, 2020
Revised: February 15, 2000; February 13, 2003; June 30, 2004; September 29, 2008; December 28, 2010; February 7, 2011; June 10, 2020 

 

103 - Immunization Requirements

The purpose of this policy is to establish the requirement regarding the documentation requirements of immunizations.

Minnesota law (MS 135A.14) requires all students enrolled in more than one on-campus credit-based course in a term and born after December 31, 1956, to provide evidence of immunization for measles, rubella, mumps, diphtheria and tetanus. Students who graduated from a Minnesota high school in 1997 or later and transfer students from another Minnesota State College and University are exempt. Some programs may have additional requirements.

Approved: July 6, 1993
Reviewed: December 28, 2010, October 23, 2013, May 2020
Revised: April 15, 1997; February 15, 2000; June 30, 2004; October 8, 2008; February 7, 2011, May 13, 2020

 

104 - Returning Students

The purpose of this policy is to address the protocol for students returning after a lapse of attendance. 

A student returning to Minnesota State College Southeast after a lapse of attendance of one semester or more (summer excluded) is classified as a returning student and must complete new application to the college. Returning students do not need to pay the college's application fee. Returning students must comply with the program completion requirements and college policies in effect when returning to the college.

Approved: March 26, 1997
Reviewed: December 28, 2010; October 23, 2013; May 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; February 7, 2011; March 13, 2012; May 13, 2020

 

APPEALS, COMPLAINTS, GRIEVANCES

111 - Admission Denied: Appeal

The purpose of this policy is to establish the protocol for the appeal process when college admission is denied. 

Prospective students who are denied admission to the college may submit an appeal, in writing, to the Dean of Students. The appeal will be reviewed and processed in accord with established criteria as described underProspective students who are denied admission to the College may submit an appeal, in writing, to the Dean of Students. The appeal will be reviewed and processed in accord with established criteria as described under Admission Denied: Appeal Procedures.

Approved: June 17, 1997
Reviewed:  December 28, 2010; February 7, 2011; October 23, 2013; May 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; May 13, 2020

 

112 - Student Complaints and Grievances

Legal Reference: Minnesota State Board Policy 3.8

Responsible Office:   Student Affairs
Responsible Officer:  Dean of Students
Reference: Minnesota State Policy 3.8 Student Complaints and Grievances and Procedure 3.8.1 Student Complaints and Grievances  

PURPOSE: To ensure students have a process to resolve student complaints and grievances when no other designated complaint, grievance, or appeal process applies to the situation. 

A student has the right to seek a remedy for a dispute or disagreement through the complaints and grievances procedures. The procedures must not substitute for other grievance procedures specific in board or college policies or procedures, regulations, or negotiated agreements. 

This policy does not apply to academic grade disputes. Grade appeals must be handled under the academic policy of the college or university. 

Student Complaints and Grievances Procedures

Approved: June 17, 1997
Reviewed:  December 28, 2010; October 23, 2013; June 10, 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; February 7, 2011; June 10, 2020

 

113 - Student Code of Conduct

The purpose of this policy is to establish the student code of conduct. 

The college offers each student the freedom to learn and the freedom to enjoy college life in an orderly and lawful manner. In return, the college expects every student to assume the obligation and responsibilities that accompany those freedoms. By enrollment at Southeast, students assume the obligation and responsibility of conducting themselves in accordance with reasonable and lawful requirements. Violations of these responsibilities may result in sanctions that can include warning, probation, suspension or expulsion from the college. 

Students have the right to establish their own personal lives and behavior so long as they do not violate college regulations or interfere with the rights of others or the educational process. The college has both the right and responsibility to protect members of its community from physical harm and property damage. 

Students, by their associations with the college, will abide by college conduct policies. The code of student conduct does not replace nor does it reduce any requirements of civil or criminal law imposed upon citizens as members of the larger community. Therefore, students who violate civil or criminal law may be subject to both legal and college sanctions for the same conduct when the conduct occurs off campus but is related to the college community. 

Students may be held accountable for behavioral violations committed off campus when the violations are committed while participating in a college sanctioned or sponsored activity; or the victim of the violations is a member of the college community; or the violation adversely impacts the educational, research, or service functions of the college; or the violation constitutes a felony under state or federal law. 

It is the duty of the Dean of Students Office, when adjudicating a potential policy violation, to determine if the Code of Conduct, as described above, has been violated. The Dean of Students Office will use the standard of a preponderance of evidence in so doing, determining if it is more likely than not that the Code of Conduct was violated in a given situation.

While it is not possible to outline all behaviors that would be considered misconduct, the following are examples of behavior that is in violation of the Code and which could result in student conduct action. Note that this is not an exhaustive list of prohibited behaviors.Violation of written Board of Trustees and college policies, rules or regulations. 

  • 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 on or off-campus that adversely affect 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).
  • Disruption by an individual or group in college operations or the rights or ability of others to participate in college instruction, activities, programs, or services.
  • Unauthorized entry, unauthorized use, or misuse of college facilities and/or equipment.
  • Violation of student electronic mail rules and regulations, and/or the computing Acceptable User Policy.
  • Vandalism and theft.
  • Physically endangering behavior including physical violence or the threat of physical violence.
  • Alleged or actual criminal violence such as possession of weapons or incendiary devices, or physical violence.
  • Possession, sale, distribution, or use of alcoholic beverages or controlled substances, including being under the influence of alcohol and/or controlled substances on college property or at a college event off-campus.
  • Physical or psychological/emotional abuse including, but not limited to, stalking, sexual violence, intimidation or harassment.
  • Bullying.
  • Hazing activities whether occurring on or off campus, which: endanger the mental and physical health or safety of an individual; subject 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.

A description of investigation processes; hearings, sanctions/disciplinary actions and appeals are described under the Student Code of Conduct Procedures.

Approved: April 28, 2006
Reviewed: December 28, 2010; October 23, 2013; May 2020
Revised: September 29, 2008; February 7, 2011, October 23, 2013; May 13, 2020

 

GENERAL:

121 - Attire

Responsible Office:   Student Affairs
Responsible Officer:  Dean of Students 

PURPOSE: The purpose of this policy is to establish the student attendance policy.  

Students at Southeast are expected to attend class and be punctual. In case of absence from class, on campus or on line, it is the student's responsibility to notify the instructor in accordance with department or instructor policy. 

Students in programs with clock hour requirements necessary for graduation and/or licensure may have the option to purchase additional credit to make up lost instructional time incurred by their absence. Make-up time must be completed under the instructor’s supervision.  Primary enforcement of the College attendance policy is the instructor’s responsibility. Excessive absences are referred to Student Affairs. 

Approved: April 10, 1997
Reviewed: October 23, 2013; May 2020; June 10, 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; December 28, 2010; February 7, 2011; May 13, 2020; June 10, 2020

 

122 - Attendance

Technical education at MSC Southeast is conducted in accordance with employer standards of attendance and punctuality. In case of absence from class, it is the student’s responsibility to notify the instructor in accordance with department or instructor policy.

Students in program majors with clock hour requirements necessary for graduation and/or licensure are able to purchase additional credit to make up lost instructional time incurred by their absence. Make-up time must be completed under the instructor’s supervision.  Primary enforcement of the College attendance policy is the instructor’s responsibility. Excessive absences are referred to Student Affairs and Financial Aid offices.

Approved: March 12, 1997
Reviewed: October 23, 2013
Revised: April 10, 1997; February 15, 2000; June 30, 2004; September 29, 2008; December 28, 2010; February 7, 2011 

 

123 - Educational Records

Legal References:
Family Educational Rights and Privacy Ct (FERPA), 20 U.S.C.
MN Government Data Practices Act (MGDPA) - MN Stat. Chapter 13

The purpose of this policy describes how the college complies with the Federal Educational Rights and Privacy Act, (FERPA), as amended, and the Minnesota Date Practices Act (MGDPA).

Whenever MSC Southeast collects private student data, the College will be in compliance with FERPA and MGDPA requirements. It will inform the student of:

1. the purpose and intended use of the information;
2. whether the individual may refuse, or is legally required, to provide the information;
3. any known consequences from giving or refusing to supply the data; and,
4. the identity of individuals who will have access to the information. 

The College will provide students with access to their records upon written request as outlined in the Procedures accompanying this policy. The College will not disclose or release to a third party identifiable information from education records without prior written consent except as authorized by law and/or as described in the Access to Student Records Procedure

Student Directory information will be regarded as public data unless the student requests otherwise as described in the Directory Information Procedure

Students may challenge the accuracy of their education records and grades through the process as outlined in the Challenge of Records Procedure

Complaints regarding failure of the College to comply with the Family Educations Rights and Privacy Act (FERPA) and/or the Minnesota Government Data Practices Act (MGDPA) may be submitted in writing as outlined in the Complaints Procedure.

Student Discipline Records

Records maintained by the College relating to student disciplinary proceedings and results are generally classified by federal and state law as "private" information and may not be released to third parties without the student’s prior, written consent or as permitted by law which specifically authorizes the disclosure. Information that a named student has been charged and is the subject of disciplinary proceedings is also considered "private" information.

However, the 2008 Minnesota Legislature amended the Minnesota Government Data Practices Act (MGDPA) to allow colleges and universities to disclose without student consent specific information pertaining to disciplinary proceedings on crimes of violence and nonforcible sex offenses as permitted and defined by the Family Educational Rights and Privacy Act (FERPA). This information can be released only after the college or university has made a final determination that a student has committed a crime of violence or nonforcible sex offense. No criminal charge or proceeding need have been initiated; the criminal laws are only relevant in defining the conduct. The information that may be made public is limited to:

• Name of student
• The violation committed; and
• Any sanction imposed by the institution against the student.

Crime of violence includes the following offenses: arson; assault offenses; burglary; criminal homicide – negligent or non-negligent manslaughter, or murder; destruction, damage or vandalism of property; kidnapping or abduction; robbery; or forcible sex offenses. Nonforcible sex offense means statutory rape or incest. For further clarification of these offenses, consult the FERPA Regulations at 34 CFR Part 99, Appendix A.

Approved: June 7, 2004
Reviewed: December 28, 2010; February 7, 2011; October 23, 2013; May 2020
Revised: October 8, 2008; May 13, 2020

 

125 - Veterans’ Responsibility: Training Credits

The purpose of this policy is to explain the support services available to those who seek veteran’s educational benefits.

The college provides the necessary support services to veterans, National Guard members and reservists who seek veteran’s educational benefits. Persons requesting these educational benefits must meet with the college’s veteran’s certifying official and submit a completed copy of the Certification of Eligibility. A Veteran’s certifying official is located in the financial aid office on each campus.

The requirements attendant to Withdrawal Penalties, Benefit Reductions and Satisfactory Progress Requirements are outlined in the Procedures and Guidelines.

Approved: June 17, 1997
Reviewed: December 28, 2010; February 7, 2011; October 23, 2013; May 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; October 23, 2013; May 13, 2020

 

SERVICES:

131 - Clubs and Organizations

Students attending the college are encouraged to participate in clubs and organizations. Students must abide by the policies of the instructors, organization advisors and/or the college regarding attendance, funding, and conduct at all college sponsored/affiliated events. Specific policies for each event or organization may be obtained from the instructor or organization advisor. All official clubs need to be approved by Student Association/Senate. All clubs follow the equal opportunity policies and procedures. 

Approved: July 10, 1997
Reviewed: December 28, 2010; October 23, 2013; May 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; February 7, 2011; October 23, 2013; May 13, 2020

 

132 - Counseling and Career Assessment

The college offers services to students primarily in academic and career-related areas/issues. Students who have a personal problem that interferes with their college performance should seek assistance by contacting Student Affairs. Personal counseling may be referred to mental health clinicians on or off campus. Students who do not voluntarily seek help may be requested to secure adequate medical service, rehabilitative counseling or other services as may be necessary. If a student fails to seek help and/or the student’s performance problem(s) persist, the college may take appropriate action in accordance with the requirements of the Family Education Rights and Privacy Act.

The college services offered in terms of career counseling, career exploration, job opportunities, educational counseling, referral for personal counseling, support groups and student personal assistance programs are outlined on the college website: www.southeastmn.edu/current_student

Approved: July 10, 1997
Reviewed: December 28, 2010; October 23, 2013; May 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; February 7, 2011; October 23, 2013; May 13, 2020

 

133 - Placement Services

The college makes job placement history for its graduates available through its website and by request in Student Affairs. The college also provides information on its website regarding projected demands for careers in program areas or fields of study, in conformance with Minnesota state law.

Students may review the college website for job postings, or ask for more information in the Student Affairs office.  Information on college graduates will be collected, processed and reported based on guidelines set forth by Minnesota State Colleges and Universities.

Approved: April 10, 1997
Reviewed: December 28, 2010; February 7, 2011; October 23, 2013; May 2020
Revised: February 15, 2000; June 30, 2004; October 8, 2008; October 23, 2013; May 13, 2020

 

134 - Housing

The purpose of this policy is to establish the college housing policy.

The college does not provide student housing. Students may be directed towards community resources for locating available housing options through Student Affairs, as well as referring to the college website. 

Approved: July 10, 1997
Reviewed: December 28, 2010; February 7, 2011; October 23, 2013; May 2020
Revised: February 15, 2000; June 30, 2004; September 29, 2008; May 13, 2020

 

135 - Affirmative Action

The College is committed to providing and promoting equal employment and educational opportunities, and supporting a positive environment, for all persons without regard to race, sex, color, creed, religion, age, national origin, marital status, disability, status with regard to public assistance, sexual orientation, or membership or activity in a local commission as defined by law.

The College endorses and supports the State of Minnesota and Minnesota State affirmative action efforts. Minnesota State Board Policy 1B.2 
View MSC Southeast's Affirmative Action Plan  (Download PDF)

Approved: September 20, 1994
Revised: February 15, 2000; June 30, 2004; December 10, 2008; December 28, 2010; October 23, 2013

136 - Disabilities Act 

The purpose of this policy is inform the college of the Disabilities Act.

Part 1. Policy Statement

Minnesota State College Southeast is committed to ensuring its programs, services and activities are accessible to individuals with disabilities, through its compliance with state and federal laws. The system recognizes that individuals with disabilities may need accommodations to have equally effective opportunities to participate in or benefit from the system's programs, services and activities.

Part 2. Definitions. An individual with a disability:

Subpart A. An individual with a disability:

1. Any person who has a physical or mental impairment which materially limits one or more of the person's major life activities.
2. Any person who has a record of such impairment which means that a person has a history of or has been classified as having a mental or physical impairment that materially limits one or more major life activities.

Subpart B. Qualified individual with a disability. An individual who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for receipt of services or participation in a college program or activity. Essential eligibility requirements include, but are not limited to, academic and technical standards requisite to admission or participation in an education program or activity.

Subpart C. Personal devices and services may include wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.

Part 3. General Access Policy

The college shall provide access to programs, services and activities to qualified individuals with known disabilities as required by law. An individual requesting an accommodation may be required to provide documentation of eligibility for the accommodation.

Part 4. Availability and Notice

The college shall post notices to the public in an accessible format stating 1) prohibition against discrimination on the basis of disability, and 2) contact information for the person designated to provide information about or respond to requests for reasonable accommodation.

Part 5. Reasonable Accommodations

Subpart A. Programs, Services, and Activities. The college shall make reasonable accommodations to ensure access to programs, services, and activities as required by law. Access means that a qualified individual with a disability will not be excluded from participation in or be denied the benefits of the programs, services, or activities, nor will the individual be subjected to discrimination. Reasonable accommodations may include modifications to: rules, policies, or practices; the removal of architectural, communication, or transportation barriers; provision of auxiliary aids or the provision of equally effective programs, services, or activities. In accordance with the Americans with Disabilities Act, accommodations will not be provided 1) for personal devices or services even though the individual may be a qualified individual with a disability, or 2) that result in a fundamental alteration in the nature of a service, program, or activity or in undue financial or administrative burdens.

Subpart B. Employment. System Procedure 1B.0.1, Reasonable Accommodations in Employment, applies to accommodation requests by employees and applicants for employment.

Part 6. Offered and/or Sponsored Services or Activities for Qualified Students with Disabilities

The college has a responsibility to provide a qualified student with a disability access to services and activities that are operated or sponsored by the institution or that receive significant assistance from the institution. Such access shall be provided in a reasonable manner as required by law. At a minimum, the following must be available to qualified students with disabilities:

1. support, counseling, and information services that may include support groups, individual counseling, career counseling and assessment, and referral services;
2. academic assistance services that may include assistive devices, early registration services, early syllabus availability, course selection, program advising, course work assistance, testing assistance and modification, and tutoring; and
3. coordination services that may include personnel acting on the student's behalf and serving as the primary contact and coordinator for students needing services, assistance in working individually with faculty and administrators, intervention procedures, and grievance procedures.

Part 7. Process
The college's process for an individual with a disability to request an accommodation to access the institution's programs, services, or activities consistent with state and federal laws is outlined on the Disability Services web page. More information can be obtained by the Disability Services Coordinator.

Approved: August 15, 1997
Reviewed: October 23, 2013; May 2020
Revised: April 29, 1998; February 15, 2000; June 30, 2004; December 10, 2008; December 28, 2010; October 23, 2013; May 13, 2020

 

 137 - Nondiscrimination in Employment and Education Policies and Reporting Procedures

Legal Reference: Minnesota State Board Policy 1.B.1

Minnesota State College Southeast is committed to a policy of equal opportunity and nondiscrimination in employment and education. No person shall be discriminated against in the terms and conditions of employment, personnel practices, or access to and participation in, programs, services, and activities with regard to race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, gender identity, or gender expression. In addition, discrimination in employment based on familial status or membership or activity in a local commission as defined by law.

Harassment of an individual or group on the basis of race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, gender identity, gender expression, or familial status is prohibited. Harassment may occur in a variety of relationships, including faculty and student, supervisor and employee, student and student, staff and student, employee and employee, and other relationships with persons having business at, or visiting the educational or working environment.   

This policy is directed at verbal and physical conduct that constitutes discrimination/harassment under state and federal law and is not directed at the content of speech. In cases in which verbal statements and other forms of expression are involved, Minnesota State College Southeast will give due consideration to an individual's constitutionally protected right to free speech and academic freedom. However, discrimination and harassment are not within the protections of academic freedom or free speech. The college maintains a complaint process to review complaints of discrimination/harassment or sexual violence.

Harassment, discrimination and sexual violence have no place in a learning or work environment. Further, Minnesota State College Southeast shall work to eliminate violence in all its forms. Physical contact by designated system, college, and university staff members may be appropriate if necessary to avoid physical harm to persons or property.

Detailed definitions, policies and procedures for Board Policy 1B.1 Nondiscrimination in Employment and Education Opportunity, Procedure 1B.1.1 Report/Complaint of Discrimination, Harassment /Investigation and Resolution, and Sexual Violence Policy 1B.3 can be reviewed online at: https://www.minnstate.edu/board/policy/1b01.html
https://www.minnstate.edu/board/procedure/1b01p1.html
https://www.minnstate.edu/board/policy/1b03.html and 
https://www.minnstate.edu/board/procedure/1b03p1.html.

Any individual who believes they have been, or is are being, subjected to harassment, discrimination or sexual violence is encouraged to report the incident to the designated officer: Josiah Litant, Dean of Student Affairs and Title IX Officer, Minnesota State College - Southeast, Winona Campus, Winona MN, at 507-453-1420, or at josiah.litant@southeastmn.edu. For harassment and discrimination concerns between colleagues, employees may contact Maryellen Kanz, Human Resources Director at 507-453-2673, or at mkanz@southeastmn.edu.

Administrators and supervisors shall refer allegations of conduct that they reasonably believe may constitute discrimination or harassment under Board Policy 1B.1 to the designated officer, or in consultation with the designated officer may inquire into and resolve such matters. 

Approved: June 17, 1997
Reviewed: October 23, 2013; May 2020
Revised: February 15, 2000; June 30, 2004; December 10, 2008; December 28, 2010; May 13, 2020

 

138 - Sexual Violence Policy 

Responsible Office:   Student Affairs
Responsible Officer:   Dean of Students
Related Minnesota State Board Policy: 1B.3 Sexual Violence Policy
Related Minnesota State Board Procedure: 1B.3.1 Response to Sexual Violence   
Sexual Violence Resources: MSC Southeast Sexual Violence Resources (PDF)  

Sexual Violence Procedures

Minnesota State College Southeast is committed to eliminating sexual violence in all forms, and will take appropriate remedial action against any individual found responsible for acts in violation of this policy. Acts of sexual violence may also constitute violations of criminal or civil law, or other Board Policies, that may require separate proceedings. Minnesota State College Southeast adopts Board Policy 1B.3, Sexual Violence Policy, and Board Procedure 1B.3.1 as its policy and procedure. 

For support services and/or for more information, anyone can contact the designated officer: Josiah Litant, Dean of Student Affairs and Title IX Officer, Minnesota State College - Southeast, Winona Campus, Winona MN, at 507-453-1420, or at josiah.litant@southeastmn.edu. For more information or to file a complaint, got to: Reporting Sexual Violence  

1B.3 Sexual Violence Policy 

Part 1. Policy statement. Sexual violence is an intolerable intrusion into the most personal and private rights of an individual, and is prohibited at Minnesota State Colleges and Universities. Minnesota State College Southeast is committed to eliminating sexual violence in all forms and will take appropriate remedial action against any individual found responsible for acts in violation of this policy. Acts of sexual violence may also constitute violations of criminal or civil law, or other Board Policies that may require separate proceedings. To further its commitment against sexual violence, the College provides reporting options, an investigative and disciplinary process, and prevention training or other related services as appropriate. 

Subpart A. Application of policy to students, employees, and others. This policy applies to all students and employees and to others, as appropriate, where incidents of sexual violence on system property have been reported. Reports of sexual violence committed by a student at a location other than on system property are covered by this policy pursuant to the factors listed in Board Policy 3.6, Part 2. Reports of sexual violence committed by a system employee at a location other than system property are covered by this policy. 

Reports of sexual violence committed on system property by individuals who are not students or employees are subject to appropriate actions by the College, including, but not limited to, pursuing criminal or civil action against them. 

Allegations of discrimination or harassment are governed by Board Policy 1B.1. 

Subpart B. College and university policies. The College shall adopt a clear, understandable written policy on sexual violence that applies to its campus community, including, but not limited to, its students and employees. The policy content and implementation shall be consistent with the standards in this Policy and Procedure 1B.3.1. 

Part 2. Definitions. The following definitions apply to this Policy and Procedure 1B.3.1. 

Affirmative consent
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 to 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. 

Dating, intimate partner, and relationship violence
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. 

Employee
"Employee" means any individual employed by Minnesota State Colleges and Universities, its colleges and universities and system office, including student workers. 

Non-forcible sex acts
Non-forcible acts include unlawful sexual acts where consent is not relevant, such as sexual contact with an individual under the statutory age of consent, as defined by Minnesota law, or between persons who are related to each other within degrees wherein marriage is prohibited by law. 

Subpart B. Sexual assault
An actual, attempted, or threatened sexual act with another person without that person's affirmative consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under Minnesota State Colleges and Universities student conduct codes 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. 

Sexual violence
Sexual violence includes a continuum of conduct that includes sexual assault, and non-forcible sex acts, as well as aiding acts of sexual violence. 

Stalking
Conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause reasonable people to fear for their safety or the safety of others or to suffer substantial emotional distress. 

Student
The term "student" includes all persons who:  

  1. Are enrolled in one or more courses, either credit or non-credit, through the College; 
  2. Withdraw, transfer or graduate, after an alleged violation of the student conduct code; 
  3. Are not officially enrolled for a particular term but who have a continuing relationship with the College; or 
  4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid 

System property
"System property" means the facilities and land owned, leased, or under the primary control of Minnesota State Colleges and Universities, its Board of Trustees, system office, colleges and universities. 

Sexual Violence Procedures

Approved: October 23, 2013; Revised December 5, 2013; Reviewed June 10, 2020


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