Sexual/gender harassment whether committed by employees or students is specifically prohibited. It is the responsibility of each member of the University community to take advantage of opportunities to inform themselves about what sexual/gender harassment is, how to stop, how to prevent, how to report that which comes to their attention and the process for informal and formal complaints. Bemidji State University and the Minnesota State Universities have educational program presentations that are available at all times to all members of the University through the Responsible Men Responsible Women Initiative, Affirmative Action, Campus Security and Safety, Student Affairs and The Counseling Center. Through self-awareness and a commitment by each member of the University to end sexual/gender harassment, we can create a safer and more civil environment.
Minnesota State University System Policy 7.15 (subdivision 2 and 3)
Sexual/Gender Harassment:Sexual Harassment and Gender Harassment constitute illegal discrimination under Title VII of the Civil Rights Act 1964, Title IX of the Education Amendment of 1972 and Minnesota Statues, Section 363.
A Definition: Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature and constitutes sexual harassment WHEN:
B Definition: Gender harassment, as distinguished from sexual harassment, is defined as the harassment of any individual or group within the University based on gender. Such behavior is a violation of the system policy and constitutes illegal discrimination. Acts of gender harassment will not be tolerated in the Minnesota State University System. Such conduct has the purpose or effect of threatening an individual's employment, interfering with individual's work or academic performance; creating an intimidating, hostile or offensive work or educational environment.
Intolerance/Harassment based on sexual orientation/affectional preference: Harassment of any individual or group based on sexual orientation/affectional preference is violation of system policy.
Definition : Intolerance/Harassment based on Sexual Orientation?Affectional Preference is defined as offensive or degrading word(s), action(s), or deed(s) relating to the sexual orientation or affectional preference of an individual or group, or such word(s), action(s), or deed(s), which have the purpose or effect of substantially interfering with an individual's employment; or such conduct has the purpose or effect of; interfering with an individual's work or academic performance; or creating an intimidating, hostile or offensive, work or educational environment.
The University could be held liable if it knew, or upon reasonably diligent injury should have known, or alleged incidents of sexual harassment and failed to take remedial action. A person who engages in sexual/gender harassment may also be personally liable.
All members of the University community are expected and urged to report alleged incidents of sexual harassment to the Affirmative Action Officer or The Campus Security and Safety Office, or to advise the apparent recipients of harassment to consult with the Affirmative Action Officer or the Assistant Director of Security and Safety, depending upon who is involved.
Administrators and supervisory personnel are required:
A person should document what is learned, when, where and how, with participant names, and actions taken to notify Affirmative Action or Campus Security and Safety.
Resources that are confidential, unless it is determined that there is a "duty to warn" in cases where others on campus or in the community may be in jeopardy, is the Student Center for Health and Counseling.
If the complaint is related to an employee of the University it will go through the University Complaint Procedure. If it is a student to student complaint it can go through either the University Complaint Procedure or the Student Conduct System
Susan is planning to major in some aspect of engineering. She finds that often she is one of only a few women in the class. One professor in the area of her planned specialization makes suggestive comments about the female students in the class, claiming their unsuitability for the profession. Knowing his attitude, Susan doesn't feel she could be treated fairly so she changes majors.
Bruce is a non-traditional student who returned to school. Having had a hard time adjusting after almost ten years away, he visits one of his professors to discuss ways to improve his grade. She suggests that he visits her in her office after four o'clock class so that they can discuss the situation. When he arrives, she suggests they have dinner together so they can get to know each other better and find ways to help him get better grades. He declines. Following this, the professor will not see Bruce during office hours. He receives a "D" for the course.
Joanne works at the periodicals desk in the library for the night shift. Her supervisor often makes comments about her physical appearance. One evening when she is working alone her supervisor puts his arm around her and asks that she let him take her home. She refuses. The supervisor has become overly critical of her work and Joanne is concerned about losing her job.
Sally confronts a member of student organization she is in about his unwanted attention. Other members of the organization begin to make harassing comments to her, both on and off campus.
Male residents shout sexual comments from dorm room windows to women on the street below. Women report seeking alternative routes to their rooms or hurrying past to avoid the comments.
Students report receiving obscene phone calls in the middle of the night.
Students report sexually explicit messages appearing on their computer accounts or answering machines.
First, you may pursue your complaint through an informal investigation. These are the steps:
The informal procedure ends within forty days after it began.
Sometimes the Affirmative Action Officer cannot resolve the complaint through the informal process. In some instances, the Affirmative Action Officer may feel the recourse at the informal stage would be ineffective. In these cases, you may use the formal procedure. The following steps constitute the Formal Investigation:
To begin the formal procedure, you must present a written statement with the following:
You must file this statement with the Affirmative Action Officer within ten days of the end of the informal process. The person charged with the complaint will have an opportunity to respond to the statement.
A University Vice President will conduct a meeting between you and the person charged. The purpose is to try to reach a resolution of the charge. This meeting will take place fifteen days after the formal written statement has been submitted and a response has been made. You will receive written notice of the date, time and place of the meeting. A representative of the Affirmative Action Office will attend the meeting and present a written report on the independent investigation.
Both you and the person charged may choose one person to accompany you to the meeting. These individuals may provide counsel and make presentations during the meeting. If you are a union member, you may choose to have a union representative observe the formal procedure.
Attendance at the formal meeting is very important. If you do not attend the formal meeting and do not have a legitimate excuse, the office will drop your charge. If the person charged fails to attend the meeting without a legitimate excuse, the meeting will continue. The Vice President will note the absence of this person in report.
The University Vice President will prepare a written report of the proceedings and issue the final decision. A copy will be sent to you and the person charged.
If you and the person charged agree to resolve the complaint, you then sign an agreement settling the case.
You or the person charged may appeal the decision of the Vice President to the President within five days of the decision. The President will review all written materials on the case and may want to meet with the parties involved.
The President will issue a decision to you and the person charged.
If disciplinary action is part of this decision, those people who are union members may grieve the decision according to the terms of their union contract.
For more information contact:
Office of Student Development
and Enrollment
Deputy Hall 313
Phone: (218) 755-2075
Fax: (218) 755-3961
Office Hours:
8:00 a.m. - 4:00 p.m.
Monday - Friday