UMN Victim Rights Policy

Victim Rights Policy

Sexual Assault • Relationship Violence • Stalking • Sexual Harassment

 

Campus Assistance:

The Aurora Center provides crisis counseling, safety planning, and emotional support. Additionally, we can help you get academic or work accommodations, report to police or EOAA, get medical care, find emergency housing, and more. Our services are free and confidential. Appointments with an advocate are available during business hours in person or via Zoom. We offer drop-in appointments dependent on advocate availability.

There are numerous on and off campus resources available which provide counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and student financial aid services. Please see the accompanying resources handout for this information.

 

Reporting:

You may file a criminal police report with the University of Minnesota Police Department at (612) 624-2677 or report a Title IX/sexual misconduct policy violation with the Office of Equal Opportunity & Affirmative Action at (612) 624-9547. 

 

Confidentiality:

The Aurora Center staff and volunteers are required to keep all information about you confidential unless you give written permission to release information, with the exception of instances where mandated reporting is necessary (i.e. child abuse/neglect & harm to others). Law enforcement and the University have a legal obligation to keep personally identifying information of yours out of public records.

 

Medical Exams/Evidence:

If you think you may want to make a police report after a sexual assault, or if you want/need medical care, you have the right to receive a medical forensic exam (rape kit). If possible, save any clothes, sheets, condoms, first urine, or anything else that may have DNA evidence, in a paper bag. It is best that you not shower beforehand, though you can still receive the exam after showering. You have up to 168 hours (7 days) to get the free medical forensic exam at any hospital Emergency Department. (This timeline is extended up to 10 days at Abbott Northwestern and other hospitals that Allina serves.) A forensic nurse and an advocate will meet you at the hospital. You can decline any parts of the exam that you do not wish to complete. The exam may include a head to toe body check, genital exam and swabs, photographing any visible injuries, providing an oral account of the assault, and receiving prophylactic medicine to prevent STI's.

Additionally, if possible, save e-mails, texts, photos, and other types of evidence which may help to prove that the alleged criminal offense occurred and/or help you to obtain a protective order.

 

Investigations:

Upon receipt of a complaint, the University’s Office of Equal Opportunity and Affirmative Action (EOAA) will investigate and promptly respond to your complaint.  You may participate in University disciplinary proceedings concerning your complaint.  You may have a support person or advisor (such as an Aurora advocate or attorney) present throughout the University’s disciplinary proceedings.

You have the right to be notified of the outcome of any University disciplinary proceeding concerning your complaint, subject to the limitations of the Minnesota Government Data Practices Act, and to be notified of any appeal procedures.

 

Reparations:

If you file a police report, you have the right to financial compensation for losses incurred as a result of the crime from the State of Minnesota Crime Victims Reparations Board at (651) 201-7300 or 1-888-622-8799 and the Office of the Victims of Crime at 1-800-363-0441.

 

Accommodations, Protective Measures & Employment:

At your request, the University will assist you as is reasonable and feasible in shielding you from your alleged assailant.  This may include providing alternative work, academic, or living arrangements if these options are available and feasible. The Aurora Center can assist you in requesting accommodations.

Any accommodations or protective orders afforded to you will be maintained as confidential to the extent that maintaining such confidentiality will not impair the ability of the University to provide the accommodations or protective measures. If personally identifying information must be used to facilitate a request, Aurora Center staff will obtain your consent before providing this information.

The University of Minnesota complies with Minnesota law in recognizing lawful Orders for Protection and Harassment Orders. Any person who obtains such an order should provide a copy to the University of Minnesota Police Department.

Staff at the Aurora Center can assist those interested in filing protective orders.

 

Information:

If you have questions, concerns, or comments regarding any experience around sexual assault, relationship violence, or stalking, please call The Aurora Center for a free and confidential consultation. For complete information on Victim’s Rights in the State of Minnesota, see Statute 611A at www.revisor.mn.gov/statutes.

 

Definitions from University of Minnesota Policy

Sexual Assault:

Sexual assault is: 1) actual or attempted sexual contact without affirmative consent; or 2) a threat to engage in contact that would be, if the threat were carried out, sexual contact without affirmative consent.

Sexual contact is intentional sexual touching with an object or body part. Depending on the context, it may include, but is not limited to: (i) intentionally touching the breasts, buttocks, groin or genitals of another individual; (ii) intentionally touching another individual with any of these body parts; and (iii) making an individual touch another individual or themselves with, or on, any of these body parts. Sexual contact can occur whether or not an individual’s body parts are covered by clothing.

Sexual Harassment:

Sexual harassment means unwelcome conduct on the basis of sex under the following conditions:

  1. Quid pro quo sexual harassment: When a University member conditions the provision of a University aid, benefit, or service on an individual’s participation in sexual conduct.
  2. Hostile environment sexual harassment: When conduct is severe, persistent or pervasive and:
    • unreasonably interferes with an individual's employment or educational performance,
    • creates a work or educational environment that an individual finds, and a reasonable person would find, to be intimidating, hostile or offensive, or
    • effectively denies an individual equal access to a University program or activity.

The determination of whether conduct is unwelcome is made according to a subjective standard. In other words, the determination is made based on whether the complainant viewed the conduct as unwelcome. This subjective standard reflects understanding that an individual may submit to or participate in sexual conduct with an individual with greater power (e.g., an advisor, supervisor, instructor) because the subordinate individual fears potential negative repercussions if they refuse, and not because they welcome the conduct.

Sexual harassment may include conduct that is verbal, nonverbal, graphic, and/or physical. Individuals of all genders can be victims of sexual harassment, and the complainant and respondent can be of the same or different genders. The following conduct may lead to a decision that a respondent engaged in sexual harassment:

  • Unwelcome sexual advances, including touching or sexual comments.
  • Implicit or explicit requests for sexual favors in exchange for employment or academic benefits.
  • Distributing ratings of individuals’ attractiveness or sexual activity or performance.
  • A pattern of sexually suggestive comments, jokes, or gestures.
  • A pattern of disparaging comments or jokes about certain genders or based on gender stereotypes.
  • Sexual exploitation: Taking sexual advantage of a person, which may include, but is not limited to, unwelcome: (1) exposure of one’s genitals to another person; (2) distribution of sexual information, images, or recordings of or about another person; (3) observation or recording of sexual activity or nudity where there is a reasonable expectation of privacy; and (4) knowingly transmitting sexual infections or diseases without the other person’s knowledge.

Relationship Violence:

Relationship violence is: 1) actual, attempted or threatened violence by one individual against another individual with whom they are, or have been, in a social relationship of a romantic or intimate nature; or 2) conduct that would constitute a felony or misdemeanor crime of violence by an individual against: (i) a current or former spouse or intimate partner; (ii) an individual with whom they share a child; (iii) an individual similarly situated to a spouse under the Minnesota state domestic or family violence laws; or (iv) any adult or youth who is protected from the individual’s acts under the Minnesota state domestic or family violence laws.

While relationship abuse can include non-physical tactics – such as emotional, psychological and fiscal abuse and control – this policy addresses only physical acts of relationship violence. Individuals who experience any type of relationship abuse, including non-physical tactics not covered by this policy, are encouraged to seek help from campus or community resources.

Stalking:

Stalking is a course of conduct directed at a specific individual that would cause a reasonable person to: 1) fear for their safety or the safety of others; or 2) suffer substantial emotional distress. A course of conduct is multiple acts including, but not limited to, acts in which an individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another individual, or interferes with another individual’s property. In determining whether an individual has engaged in a course of conduct, consideration is given to the number of acts, their level of severity, and the time period in which they occur.

Stalking includes cyber-stalking, in which an individual uses electronic media, such as the internet, social networks, blogs, cell phones, texts, or other methods or forms of contact to engage in stalking.

Affirmative Consent:

Affirmative consent is freely and affirmatively communicated words or actions given by an informed individual that a sober reasonable person under the circumstances would believe communicate a willingness to participate in the sexual contact. The following factors will be considered when determining whether affirmative consent was given.

  • Each individual who wishes to engage in sexual contact is responsible for obtaining consent from the other individual or individuals who intend to be involved in the sexual contact.
  • A lack of protest, the absence of resistance, and silence do not by themselves indicate consent.
  • The existence of a present or past sexual, dating, or other romantic relationship between the individuals involved does not by itself imply consent to sexual contact.
  • Consent must be present throughout the sexual contact and may be given and withdrawn at any time.
  • When consent is withdrawn, all sexual contact must stop. Where there is confusion about the state of consent, sexual contact must stop until the individuals have verified the affirmative consent of all individuals involved.
  • Consent to one form of sexual contact does not by itself constitute consent to another form of sexual contact.

Consent is not obtained where:

  • An individual is compelled to engage in unwanted sexual contact through the use of coercion. Coercion may consist of physical force, intimidation, threats, or severe or persistent pressure that would reasonably cause an individual to fear significant consequences if they refuse to engage in sexual contact.
  • An individual involved in sexual contact is incapacitated due to the influence of drugs or alcohol, and a reasonable person would know of this incapacitation. Incapacitation due to the influence of drugs or alcohol is a state beyond mere intoxication or impaired judgment. Some indicators of incapacitation due to the influence of drugs or alcohol may include:
    • A lack of control over one’s physical movement (for example, an inability to walk or stand without stumbling or assistance).
    • An inability to effectively communicate (for example, where one’s speech is heavily slurred, incomprehensible, or nonsensical).
    • A lack of awareness of one’s circumstances or surroundings (for example, a lack of awareness of where one is, how one got there, who one is with, and how or why one became engaged in sexual contact).
  • An individual involved in sexual contact is unable to communicate or understand the nature or extent of the sexual situation because of a physical or mental condition.
  • An individual involved in sexual contact is asleep, unconscious or involuntarily physically restrained.
  • Sexual intercourse occurs with an individual who is not of legal age to give consent pursuant to Minnesota state law.
  • Sexual intercourse occurs between parties who are related to each other within the degrees wherein marriage is prohibited by Minnesota state law.