Sexual Violence
Introduction
A safe and healthy educational environment is important to the mission and values of Bemidji State University. The Sexual Violence Policy developed by the University provides clear, concise and specific information to all members of our learning community.
Policy Statement
Sexual violence is an intolerable intrusion into the most personal and private rights of an individual, and is prohibited at Bemidji State University. The University 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 Bemidji State University polices may require separate proceedings. To further its commitment against sexual violence, Bemidji State University provides multiple reporting options, an investigative and disciplinary process, and prevention training or other related services as appropriate.
Application of Policy to Students, Employees and Others
This policy applies to all BSU students, faculty, staff, and others, as appropriate, where incidents of sexual violence have been reported on BSU property. Reports of sexual violence committed by a student at a location other than on BSU property are covered by this policy pursuant to the factors listed in the BSU Student Code of Conduct and MnSCU Policy 3.6, Part 2. Reports of sexual violence committed by a BSU faculty or staff member at a location other than BSU property are covered by this policy. Individuals reported to have committed acts of sexual violence on BSU property who are not students, faculty or staff are covered by this policy.
Definitions
The following definitions apply to the BSU Sexual Violence Policy.
- Sexual violence includes a continuum of conduct that includes sexual assault, and non-forcible sex acts, as well as aiding acts of sexual violence.
- Sexual assault means an actual, attempted or threatened sexual act with another person without that person’s consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under Minnesota State Colleges and Universities (MnSCU) student conduct codes, the Bemidji State University Student Code of Conduct, and employee disciplinary standards. Sexual assault includes, but is not limited to:
- 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.
- Involvement in any sexual act when the victim is unable to give consent.
- The intentional touching or coercing, forcing, or attempting to
coerce or force another to touch an unwilling person’s intimate parts
(defined as primary genital area, groin, inner thigh, buttocks, or
breast).
- Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.
- Consent is informed, freely given and mutually understood. 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, and the condition was known or would be
known to a reasonable person, there is no consent; this includes
conditions due to alcohol or drug consumption, or being asleep or
unconscious. Whether the respondent has taken advantage of a position of
influence over the complainant may be a factor in determining consent.
- 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.
- BSU property means the facilities and land owned, leased, or under the
primary control of Bemidji State University as a member of the Minnesota
State Colleges system.
- The term Student is defined in the Student Code of Conduct.
Reporting Sexual Violence
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 (dial 911). For incidents that occur on the Bemidji State University campus, the Department of Public Safety (218-755-3888, 24 hours) can provide assistance in reporting to local law enforcement. The
BSU Department of Public Safety website provides additional information about reporting, including advice about preserving evidence.The Annual Security Report on the Public Safety
website includes information about complainant options and complainant rights.
In addition, campus security authorities (defined as “an official of an institution who has significant responsibility for student and campus activities”) are available to assist students with reporting of sexual violence. The BSU Department of Public Safety has more
information about campus security authorities on their website.
Finally, these individuals serve as campus contacts for assisting sexual violence complainants.
Ms. Linda Gilsrud
Affirmative Action Officer and Director of Human Resources
Deputy Hall
218-755-3966
Dr. Randy Ludeman
University Conduct Officer
Walnut Hall
218-755-3750
Investigative and Disciplinary Process
As part of the Minnesota State Colleges and Universities (MnSCU) system, Bemidji State University follows the MnSCU Board of Trustees policy 1B.3 "Sexual Violence Policy". In addition, the University also utilizes the MnSCU Procedure 1B.3.1, "Sexual Violence Procedure."
The MnSCU Board policy and procedure provide extensive and detailed information about the investigative and disciplinary process used by the University, and these documents are provided to individuals who report sexual violence to the campus contacts identified above. Student complainants have the option to change their academic and/or on-campus living situations after an alleged act of sexual violence, if such changes are reasonably available.
Student complainants may also utilize procedures available under the Student Code of Conduct. The procedures in the Student Code of Conduct provide, in part, that the accused will be informed of the outcome of the hearing. The procedures in the Student Code of Conduct also provide a list of the possible sanctions for a student found in violation of this policy, and they include suspension, dismissal or expulsion from the university.
The university has developed a flowchart that depicts the process for addressing complaints of sexual violence.
Resources
Campus and community offices and agencies stand ready to provide assistance to victims of sexual assault.
The
BSU Department of Public Safety website has helpful information about personal safety and reducing risk of sexual violence.
As part of the Minnesota Colleges and Universities System (MnSCU), Bemidji State University follows the MnSCU Board of Trustees policy 1B.3 “
Sexual Violence Policy.” In addition, the University also utilizes the MnSCU Procedure 1B.3.1, “
Sexual Violence Procedure.” The MnSCU Board policy and procedure provide extensive and detailed information, and these documents are provided to individuals who report sexual violence to the campus contacts identified above.
Student complainants may also utilize procedures available under the
Student Code of Conduct.
The University has developed a
flowchart [pdf] that depicts the process for resolving complaints of harassment or discrimination.
The
BSU Responsible Men, Responsible Women program enhances student success by providing information about sexual harassment, sexual violence, safe relationships, healthy relationships, personal safety, alcohol and drug use, and supportive services and phone numbers.
Bemidji State University participates in the B-SMART (Bemidji Sexual Assault Multidisciplinary Action Response Team), providing community connections and a victim centered approach to sexual violence reporting and procedures. More information can be found about B-SMART at this website.