4.3 Sexual Misconduct
Related MnSCU Board Policy: http://www.mnscu.edu/board/policy/1b03.html
Related MnSCU Board Procedure: http://www.mnscu.edu/board/procedure/1b03p1.html
Purpose: This policy, in compliance with Minnesota State's 1B.3 Sexual Misconduct Policy, provides the adoption of definitions and sexual misconduct policy guidelines for the college.
Part 1: Policy Statement and Application
Subpart A: Normandale Community College is committed to eliminating, and does not tolerate, sexual misconduct in all or any of its forms, which violate or intrude into fundamental personal and private individual rights and may also constitute violations of criminal or civil law or other college or Minnesota State policy that may require separate or additional proceedings. The college will take appropriate disciplinary action under applicable student or employee conduct standards against individual(s) found responsible for acts in violation of this policy, including and up to discharge, and is further committed to supporting its students and employees who experience acts of sexual misconduct to pursue additional remedies available under the law.
Sexual misconduct is a continuum of conduct that includes sexual assault, non-forcible sex acts, dating and relationship violence, stalking, sexual exploitation, Title IX sexual harassment, and aiding acts of sexual misconduct.
Subpart B: This policy applies to all college students, employees, and others as appropriate. Reports of sexual misconduct committed by a student at a location other than on college property are covered by this policy according to factors listed in Minnesota State Board Policy 3.6 Student Conduct, Part 2. Reports of sexual violence committed on college property by individuals who are not students or employees are subject to appropriate college actions, including criminal and civil action.
Subpart C: Allegations of discrimination or harassment not otherwise violating Title IX sexual harassment are governed by Minnesota State Board Policy 1B.1.
Part 2: Definitions. The college adopts the definitions for prohibited conduct, affirmative consent, employee, student, system property, and retaliation as outlined in Minnesota State Board Policy 1B.3.
Part 3: Responsibilities
Subpart A: All members of the college community are expected to promote and maintain a learning and working environment free of sexual misconduct and violence in all of its forms. The college will maintain systems of reporting violations of this policy that include online and in-person options. The college will further provide preventative training and other services and resources as appropriate.
Subpart B: The college adopts Minnesota State System Procedure 1B.3.1 Response to Sexual Violence and Title IX Sexual Harassment for the procedures and processes in responding to reports of sexual misconduct and violence, including the investigatory and disciplinary process.
Policy History:
Department Owner: Vice President, People & Culture
Date of Adoption: Established prior to 2011
Date and Subject of Revisions: Spring 2025: abolished the separate policy 2.5 Sexual Harassment and Sexual Violence Policy for students, combining both policies into one (4.3) to address the college’s responsibilities and philosophy towards sexual misconduct in all forms and formally adopt Minnesota State definitions and procedures (allegations of harassment and discrimination are separating addressed in Minnesota State Board Policy 1B.1); reflects 2025 proposed changes to Minnesota State Board Policy 1B.3 that include a clarification of sexual misconduct as broader than violence and other updates; updated formatting, links, and language
Next Review Date: 2029-2030