Hamline Policies

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Sexual Misconduct: Policy Prohibiting Sexual Misconduct

Owner: Dean of Students, Human Resources, Title IX Coordinator

Pertains to: Faculty, Staff, Students, and Visitors of Hamline University

Description: Hamline University does not tolerate sexual misconduct, including sexual assault, relationship violence, and stalking, and any related retaliation. Hamline University’s statement of policy prohibiting sexual misconduct and outlining resources to prevent and address instances of sexual misconduct is described below.

Details:

Policy Prohibiting Sexual Misconduct

I. Policy Purpose and Scope

II. Prohibited Conduct

A. Sexual Assault Defined and Prohibited
1. Sexual Contact Defined
2. Consent Defined
B. Relationship Violence Defined and Prohibited
C. Stalking Defined and Prohibited
D. Retaliation Defined and Prohibited

III. Education and Prevention Programs

A. On-going Training
B. Bystander Intervention Tips

IV. Resources To Address Instances Sexual Misconduct

A. Emergency Resource and Reporting Options
B. Options for Interim Measures and Reasonable Accommodation
C. Confidential Resource Options
D. Non-Confidential On-Campus Resources, Support and Reporting
E. Law Enforcement Resources and Law Enforcement Coordination With Hamline

V. University Reporting

A. Identity and Duties of the Title IX Coordinator
B. Proceedings Under This Policy
1. Procedures for Addressing Sexual Misconduct Complaints
2. Initial Assessment
3. Interim Measures and Reasonable Accommodation
4. Investigation
5. Privacy and Requests for Confidentiality


I. Policy Purpose and Scope

Consistent with our mission and values, Hamline University is committed to developing and educating the whole person and to investing in the personal and professional growth of all community members. We also seek to maintain a safe and nurturing learning and working environment. Sexual misconduct of any form is a violation of a person’s rights, dignity, and integrity and will not be tolerated at Hamline University. This policy thus seeks to prevent sexual misconduct; to support all students, faculty, and staff who have experienced such conduct; and to promptly and fairly respond to any allegations that any student, faculty, staff, or visitor has engaged in such conduct. In addition, retaliation by any student, faculty, or staff for the good faith bringing of a complaint or participating in any investigation or proceeding under this policy will not be tolerated and will be independent grounds for remedial action.

It shall be a violation of this policy for any Hamline student, faculty, staff or visitor to Hamline to engage in sexual misconduct while on property owned or operated by the University, and off-campus in connection with any University work, program or activity, including in connection with any academic, extracurricular, athletic, residential and other University program or activity. This policy also covers sexual misconduct that occurs off-campus or outside of a Hamline-affiliated program or activity but which limits a Hamline student’s ability to participate in or benefit from a Hamline educational program.

Further, all ACTC students (those attending Augsburg, St. Catherine, Hamline, St. Thomas, and Macalester), when studying at or visiting the campus of one of the ACTC institutions, riding an ACTC bus, or attending an event at one of the ACTC institutions, will be subject to both the University policies of the home and visited institutions and the ACTC Conduct Statement.
[http://www.hamline.edu/Policy.aspx?id=2147487475]

All forms of sexual misconduct prohibited by this policy may be committed by persons of any gender against individuals of the same or another gender. Sexual misconduct may occur between individuals who are or who have been involved in a dating or other intimate relationship, those who know one another, or those who are strangers.

Nothing contained in this policy limits any rights of Hamline University or in any way restricts Hamline from investigating or taking immediate remedial action in appropriate circumstances. Nothing in this policy precludes an individual or the University from contacting criminal authorities under any circumstances deemed appropriate.


II. Prohibited Conduct

Hamline prohibits sexual misconduct. Sexual misconduct is a broad term that includes, but is not limited to, sexual assault, relationship violence, and stalking. Retaliation for activities taken in good faith pursuant to this policy is prohibited. This policy includes, where applicable, definitions related to sexual misconduct from Minnesota law. Hamline prohibits conduct both prohibited by law and, to the extent more encompassing, prohibited by this policy.

A. Sexual Assault Defined and Prohibited
Sexual assault constitutes sexual misconduct and is prohibited by this policy. Sexual assault includes, but is not limited to, rape. Sexual assault is intentional sexual contact with another person without that person’s consent.

1. Sexual Contact Defined: Sexual Contact takes many forms, some of which do not involve penetration. It includes, but is not limited to, intentional contact, either actual, attempted or threatened, with the breasts, buttock, groin, or genitals; touching another with any of these body parts; penetrating of the anus, mouth, or vagina with a penis, finger, tongue or other object; making someone touch or penetrate themselves or another with or on any of these body parts or objects; or any other intentional bodily contact in a sexual manner. These definitions apply whether the person receiving the contact is fully clothed, partially clothed, or unclothed.

Minnesota law has identified five different levels of unwanted sexual contact and penetration. Minn. Stat. ch. 609. The degree of a sexual assault incident under the law, also referred to as “criminal sexual conduct,” depends on the severity of the assault. Minn. Stat. §§ 609.341 to 609.3451. As danger to the victim increases, so do the corresponding penalties for the perpetrator. Legally, an assault is considered more dangerous when weapons, force, considerable bodily harm, multiple assailants, and/or pregnancy are results of the sexual assault. Minn. Stat. § 609.342.

2. Consent Defined: Consent requires words or specific actions by a person capable physically and mentally to give consent that are intended to communicate a freely-made agreement to perform or experience a particular sexual act with a particular person. Consent may not be inferred from permission for another sexual act or from a prior or existing dating, sexual, romantic, or marital relationship. Minnesota law defines “consent” as “words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor.” Minn. Stat. § 609.341, subd. 4.

Consent may be withdrawn at any point during sexual contact. Consent to engage in sexual activity must exist from the beginning to end of each instance of sexual activity and for each form of sexual contact. Consent to one form of sexual contact does not constitute consent to all forms of sexual contact.

a. Force, Threats, Intimidation, or Coercion: The use of force, threats, intimidation or coercion to engage in sexual contact negates consent and constitutes sexual assault.

i. Force includes the use physical assault; use of physical restraint; and use of a weapon, threats, or intimidation.

ii. Threats include the use of direct or implied suggestions, promises, or statements of negative consequences to the recipient if the individual fails to cooperate or acquiesce and that are intended to compel the recipient to do something that he or she would not otherwise do.

iii. Intimidation includes the use or power or authority to compel another to acquiesce or cooperate.

iv. Coercion is the exertion of an unreasonable degree of pressure, duress, or cajoling to engage in sexual contact when reasonably aware that such sexual contact is unwelcome.

Minnesota law defines “coercion” as “the use by the actor of words or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm upon the complainant or another, or the use by the actor of confinement, or superior size or strength, against the complainant that causes the complainant to submit to sexual penetration or contact against the complainant's will.” Minn. Stat. § 609.342-3451. The law specifically states that “[p]roof of coercion does not require proof of a specific act or threat.” Id.

b. Incapacitation: Persons who are incapacitated may not consent to sexual activity. Incapacitation is the inability, temporarily or permanently, to give consent, because the individual is mentally and/or physically helpless or impaired due to drug or alcohol consumption, either voluntarily or involuntarily; or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring.

c. Alcohol and drugs: Alcohol and drugs are often a factor in sexual assaults. Alcohol impairs a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual misconduct and does not relieve one from the responsibility to obtain consent for sexual contact. Thus, while the use or consumption of drugs or alcohol will be considered to determine whether an alleged victim of sexual assault was incapacitated, it will not be considered as relevant or as a mitigating factor in determining the responsibility of the person alleged to have committed an act of sexual assault.

Amnesty from Application of Student Alcohol and Illegal Drug Use Policy for Reports of Sexual Misconduct: The University strongly encourages students to report instances of sexual misconduct. Hamline recognizes that students who have been drinking or using drugs at the time of an incident of actual or suspected sexual misconduct may hesitate to report because of potential discipline consequences for their own conduct. Therefore, students who report sexual misconduct, either as a victim or a third party witness, will not be subject to formal disciplinary action by Hamline under the Alcohol and Illegal Drug Use Policy for their personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. Hamline may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

B. Relationship Violence Defined and Prohibited
Relationship violence, including “dating violence” or “domestic violence,” is any pattern of behavior used to coerce, dominate, or isolate one’s current or former dating, intimate, or marital partner or family member. Such behavior may include one or more of the following:

• Physical assault;
• Emotional or psychological abuse;
• Destruction of property or abuse of a pet;
• Communication in any form, anonymously or directly, that uses coarse language or threats that intimidate, terrify, annoy, harass, threaten, or offend;
• Sexual assault, sexual harassment, sexually inappropriate conduct, or stalking;
• Denial of use of or access to owned or shared assets;
• Limiting or controlling access to educational or work opportunities;
• Coercion, force, or intimidation;
• Isolation used to deprive another of personal freedom of movement or access to friends, family, or support systems.

While Minnesota law does not define “dating violence” or “domestic violence” specifically, its laws regarding domestic abuse are set forth in Minnesota’s Domestic Abuse Act. Minnesota law defines “domestic abuse” to include the following conduct if it is committed against a family or household member by a family or household member:

• Physical harm, bodily injury, or assault;
• The infliction of fear of imminent physical harm, bodily injury, or assault; or
• Terroristic threats; or criminal sexual conduct; or interference with an emergency call.

Minn. Stat. § 518B.01, subd. 2. A “family or household member” means, spouses and former spouses; parents and children; persons related by blood; persons who are presently residing together or who have resided together in the past; persons who have a child in common regardless of whether they have been married or have lived together at any time; a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and persons involved in a current or past significant romantic or sexual relationship.

C. Stalking Defined and Prohibited
Stalking may constitute sexual misconduct and is prohibited by this policy. Stalking is defined as a course of conduct directed at a specific person involving more than one instance of unwanted attention, harassment, physical or verbal contact, or any other course of conduct directed at an individual that could be reasonably regarded as likely to alarm or place that individual in fear of harm or injury, including physical, emotional, or psychological harm. Stalking includes the use of electronic media such as the internet, social networks, blogs, cell phones, texts or other similar forms of contact to pursue, harass, or make unwelcome contact with another person.

As defined by Minnesota law, stalking means “means to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim.” Minn. Stat. § 609.749.

D. Retaliation Defined and Prohibited
It shall be a violation of this policy to retaliate against anyone who has, in good faith, brought forward a complaint pursuant to this policy, provided testimony in good faith, or otherwise participated in proceedings conducted under this policy. Persons who feel that they have been retaliated against should immediately contact the Title IX Coordinator or Deputy Title IX Coordinator.


III. Education and Prevention Programs

All members of the Hamline community should be free from sexual misconduct. Hamline University seeks to foster a climate free from sexual misconduct through training and education and implementation of this policy.

A. On-going Training
To assist in preventing and addressing incidents of sexual misconduct, including sexual assault, relationship violence, and stalking, Hamline University is committed to providing prevention and awareness programs for all incoming students and new employees. The training will address the topics covered in this policy, including defining and understanding warning signs of sexual misconduct, and exploring safe and positive options for reducing the risks of this conduct happening and intervening as a bystander. Hamline University also is committed to providing ongoing prevention and awareness campaigns on these same topics, as well as the importance to Hamline of fostering and maintaining a culture of respect consistent with its mission and values.

B. Bystander Intervention Tips
Prevention of sexual misconduct requires a commitment from all members of the campus community in order to foster and maintain an optimal environment for working, learning and development. Hamline University promotes a campus climate in which individuals will use their best judgment to assist with situations if it is safe to do so. To assist in supporting this type of climate, the following suggestions are provided.

• Address biased and/or sexist comments or behaviors that you witness to challenge actions that support sexual violence.

• Avoid being a passive bystander to situations that could potentially evolve into sexual misconduct. Pay attention to the verbal and non-verbal signals of those around you and intervene in situations where a friend or acquaintance may be at risk for assault.

• Simply check in with someone, which can serve to interrupt the potential for something bad happening. Ask yourself, “If I were in this situation, would I want someone to help me?”

• Encourage your friends to show respect for others by respecting their boundaries, physical and otherwise. This includes a personal decision to be alcohol-or drug-free.

• Know that if a person is drunk, he or she cannot legally consent to sex.

• Keep campus emergency numbers in your cell phone or other electronic device and call for help.

• Make a report of the incident by contacting Campus Safety and Security or any of the other resources identified in this policy.


IV. Resources To Address Instances of Sexual Misconduct

Hamline University encourages all students, faculty, or staff who have experienced sexual misconduct to seek the support and assistance necessary to heal and to plan for their future safety and success as an employee or student. There are a variety of options available on campus and in the surrounding community, some of which are identified in this policy. Some resources guarantee complete confidentiality, and others may have an obligation to report or investigate certain kinds of conduct.

A. Emergency Resource and Reporting Options
Hamline University encourages all individuals who believe they have experienced an incident of sexual misconduct, in particular those who are injured by an act of sexual violence, to seek assistance from a medical provider and/or law enforcement immediately. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response. Hamline University will assist any Hamline community member to get to a safe place and will provide transportation to the hospital, coordination with law enforcement, and information about Hamline University’s resources and complaint processes. Assistance is available 24 hours a day by calling the St. Paul Police (911 or 651-291-1111) or Hamline Safety and Security (651-523-2100).

Those who experience sexual violence may pursue any or all of the following options on an emergency basis:

• Seek immediate medical attention. Hamline University refers sexual assault victims to Regions Hospital (651-254-3306) located at 640 Jackson Street in Saint Paul. Sexual assault victims may go to the Regions Emergency Department (ER) by themselves or with a friend. This will allow for confidentiality in the event the victim chooses not to make a report to the University or to the police. With the occasional exception of a few preventative medications, THERE IS NO CHARGE for care related to sexual assault at Regions Hospital ER. Regions ER is open 24 hours a day, 7 days a week.

At Regions Hospital, sexual assault victims will be met at the hospital by a Sexual Offense Services counselor (S.O.S.) and a specifically trained Sexual Assault Nurse Examiner (S.A.N.E.). The S.O.S. counselor will provide emotional support and confidential counseling. The S.A.N.E. nurse will provide sensitive and expert medical care.

If possible, sexual assault victims should NOT change clothes, bathe, shower, brush their teeth, or go to the bathroom before going to the ER. Sexual assault victims who change clothes should bring clothing worn during the assault with them, preferably placing each item in a separate bag. They also should bring any tampon or pad worn. If they must urinate before going to the hospital, sexual assault victims should void a small amount of urine into a cup, bring the urine specimen with them, and should NOT wipe after urinating.

 

THESE EXAMS ARE COMPLETEY CONFIDENTIAL AND THEIR RESULTS ARE NOT GIVEN TO THE POLICE UNLESS THE PATIENT CONSENTS. Sexual assault victims are not required to report the assault to the police or to the University through this process, but if they choose to do so, the S.O.S. staff will assist them in the reporting process.

A medical provider can provide emergency and/or follow-up medical services, and discuss any health-care concerns related to the incident in a confidential medical setting may bring peace of mind. The medical exam has two goals: first, to diagnose and treat the full extent of any injury or other physical effect (sexually transmitted infection or pregnancy) and second, to properly collect and preserve evidence. There is a limited window of time (typically 72 to 96 hours) following an incident of sexual assault to preserve physical and other forms of evidence. Taking the step to gather evidence immediately does not commit an individual to any course of action. The decision to seek medical attention and gather any evidence will remain confidential, yet preserve the full range of options to seek resolution through Hamline University’s complaint processes or through the pursuit of criminal action if so desired.

• Call the police at 911 or 651-291-1111 (St. Paul), Hamline Safety and Security at 651-523-2100, or the Residential Life Staff (contact information below) for protection, transportation to seek medical care, and to report the assault. Sexual assault is a crime. Reporting the matter to the St. Paul Police Department will commence a criminal investigation (if you wish assistance from the University to make this report, Hamline Safety and Security will provide support and assistance). Reports to police will afford individuals notice of their rights under the Minnesota Crime Victim’s Bill of Rights at http://www.ojp.state.mn.us/MCCVS/CVJU/rights.htm. Reports to the police, to Hamline Safety and Security, or the Residential Life Staff are strongly encouraged but not required under this policy by individuals subjected to sexual misconduct. Such reports put the University on notice of the conduct.

• Communicate with any or all of the resources identified below, including the Title IX Coordinator, to seek support and/or to initiate the complaint process under this policy.

B. Options for Interim Measures and Reasonable Accommodation
Hamline University encourages all community members to report any incident of sexual misconduct. Regardless, however, of whether an individual chooses to report sexual misconduct to Hamline Safety and Security or to the police, there are interim support and reasonable protective measures available to Hamline students, faculty and staff to prevent further acts of misconduct.

A request for interim measures may be made to the Title IX Coordinator and the range of potential measures may include:

• Referring the student or employee to appropriate resources for developing a safety plan, seeking medical attention or counseling, or seeking legal assistance
• Providing alternative housing, academic, or workplace arrangements
• Providing safety escorts to and from campus
• Modifying workplace or academic schedules or responsibilities
• Assisting with a leave of absence from work or school
• Screening phone calls, transferring harassing calls to Safety and Security, and removing employee or student’s name from all directories

Hamline University also will support an employee or student who obtains an order for protection that includes Hamline University by assisting in enforcing that order. Orders of protection generally preclude in person, telephone, electronic or third party communications between specific individuals. Minnesota’s Domestic Abuse Act, Minn. Stat. § 518B.01, sub. 2, describes how to obtain an order for protection in domestic violence situations. In some cases, an individual also may choose to consider a Harassment Restraining Order (“HRO”) from a local court (see http://www.mncourts.gov/district/2/?page=995). This is a civil proceeding independent of Hamline University. If a court issues a protective order or a HRO, Hamline University will, to the extent possible, assist the protected person in benefiting from the restrictions imposed by the court and also will facilitate on campus compliance with the order. Hamline University also may limit an individual or organization’s access to certain University facilities or activities as part of a no contact order.

C. Confidential Resource Options
Hamline University encourages all community members to report any incident of sexual misconduct. Hamline University recognizes, however, that there are many barriers to reporting, both individual and societal, and not every individual will choose to make a formal report with Hamline University or with local law enforcement. For those individuals who are not prepared to make a report, there are several confidential resources available for students, staff and faculty. Individuals seeking to address or talk to someone about an incident of sexual misconduct in a confidential manner without making a report to Hamline University or triggering any investigation or action by Hamline University may use the following confidential resources. Reports to these resources do not put Hamline University on notice of the sexual misconduct and do not trigger any other duty on the part of the University to respond to or otherwise assist the student, employee or visitor.

The following on-campus resources are confidential:

On-Campus Resource Contact Information

 For Students:
Counseling and Health Services Center
Manor Hall, Room 16 (basement level; courtyard entrance on the campus side)
651-523-2204
http://www.hamline.edu/assault_emergency

For Students and Employees:
Religious and Spiritual Life Office - Chaplain
Nancy Victorin-Vangerud
Anderson Center, Room 318
651-523-2315

 For Employees:
Employee Assistance Program (EAP)
1-866-757-3271

The following off-campus resources also are confidential:

Off-Campus Resource Contact Information
Regions Hospital Emergency Room
640 Jackson Street, St. Paul
651-254-3306 (ER is open 24/7)

S.O.S. - Sexual Offense Services of Ramsey County
24-Hour Counseling, Advocacy, Information and Referral
651-266-1000

St. Paul Domestic Abuse Intervention Project
Office and 24-Hour Crisis Line
651-645-2824

OutFront Minnesota
24-Hour Anti-violence crisis support line for LGBT victims
1-800-800-0350 (Option 3)

D. Non-Confidential On-Campus Resources, Support and Reporting
Hamline strongly encourages the reporting of incidents of sexual misconduct. In addition to the confidential resources listed above, all Hamline community members have access to a variety of other resources that can provide crisis intervention services, counseling, and academic and job support. While not confidential, reporting sexual misconduct to any of the resources listed below will allow Hamline to investigate the incident and take all appropriate remedial measures. Individuals uncertain as to whether a policy violation has occurred should feel free to consult with the Title IX Coordinator for counsel.

On-Campus Resource Contact Information
Hamline Safety and Security
Available 24 hours a day.
651-523-2100

Title IX Coordinator
Patti Klein
Available 24 hours a day.
Direct Number: 651-523-2948
Office: 651-523-2421
pklein01@hamline.edu
After Hours: Through Security
Dispatch 651-523-2100

Provost
Available during regular office hours.
651-523-2043
eric.jensen@hamline.edu

Hamline Dean of Students
Available during regular office hours.
651-523-2421
asickbert01@hamline.edu

Hamline Director of Human Resources
Available during regular office hours.
651-523-2021
dmichaelson01@hamline.edu

Residence Hall Area Coordinators
Area Coordinators are Hamline employees living in the resident halls.
Residential Life Office 651-523-2061
Manor-Sorin Area Coordinator 651-523-2950
Drew Area Coordinator 651-523-2087
Heights Area Coordinator 651-523-2422
Apartments Area Coordinator 651-523-2515

Resident Advisors
RAs are students living in the residence halls who are employed by the Office of Residential Life and trained to refer students to campus resources. Contact the on-duty Resident Advisor for your area:
Manor-Sorin Resident Advisor 651-325-1484
Drew Resident Advisor 651 325-1472
Heights Resident Advisor 651-325-1434
Apartments Resident Advisor 651-325-1516

E. Law Enforcement Resources and Law Enforcement Coordination With Hamline
Hamline University encourages individuals to pursue criminal action for incidents of sexual misconduct that also may be crimes under Minnesota law. Hamline University, upon request to Safety and Security or the Title IX Coordinator, will assist an individual in making a criminal report and in all instances will cooperate with law enforcement agencies if the individual decides to pursue the criminal process to the extent permitted by law.

Criminal charges may result in jail or prison time, parole, restitution, or treatment for those who plead or are found guilty through the criminal justice process. Both the crime victim and the alleged perpetrator of the crime have rights in the criminal process.

Resource Contact Information
St. Paul Police
Available 24 hours a day.
911 (emergency) or 651-291-1111 (non-emergency)

This policy, its definitions, and the burden of proof for determining whether sexual misconduct has occurred under this policy may differ from Minnesota criminal law. An individual may seek resolution through the complaint process described below, may pursue criminal action, may choose one but not the other, or may choose both. Neither law enforcement’s determination whether to prosecute an individual, nor the outcome of any criminal prosecution, is determinative of whether sexual misconduct under this policy has occurred. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

Students, staff, and faculty may request such assistance whether or not the conduct occurred on campus or involved another Hamline community member. Hamline University will provide such reasonable assistance that does not impose an undue burden financially or logistically on the University.

V. UNIVERSITY REPORTING

All Hamline community members are strongly encouraged to report information regarding any incident of sexual misconduct. Bringing forward a complaint of or providing information regarding sexual misconduct to any of the following resources or offices at Hamline University will constitute a complaint or report under this policy: Title IX Coordinator, Deputy Title IX Coordinator, Safety and Security, the Provost, the Dean of Students, the Director of Human Resources, the Athletic Director, Residence Hall Area Coordinators, and Resident Advisors. Hamline University will promptly, impartially, and thoroughly investigate and respond to all reports to any of these resources or offices of sexual misconduct engaged in by Hamline students, faculty, staff and visitors. Communications with or complaints to individuals on and off-campus not included in this list (including faculty, coaches, and colleagues) do not put Hamline University on notice of the sexual misconduct and do not trigger any duty on the part of the University to report or to otherwise provide assistance.

Hamline University is committed to providing a variety of welcoming and accessible means so that all instances of sexual misconduct will be reported. Hamline also recognizes that not every individual will be prepared to make a report to Hamline University or to law enforcement, and individuals are not expected or required to pursue a specific course of action. As outlined above, there are confidential resources on campus and in the community available to individuals not wishing to make a make a report to Hamline University.

A. Identity and Duties of the Title IX Coordinator
Hamline’s Title IX Coordinator oversees Hamline University’s review, investigation and resolution process for reports of sexual misconduct. The duties and responsibilities of the Title IX Coordinator also include the coordination of all training, education, and prevention efforts pursuant to this policy.

The Title IX Coordinator can be contacted by telephone, e-mail, or in person during regular office hours:

Patti Klein, Title IX Coordinator
1536 Hewitt Avenue
Saint Paul, MN 55104
651-523-2421
pklein01@hamline.edu

The Title IX Coordinator will receive annual training on sexual misconduct identification, investigation and proceedings. The Title IX Coordinator will ensure consistent application of the policy to all individuals and allow Hamline University to respond promptly and equitably to eliminate any sexual misconduct, prevent its recurrence, and address its effects. While a report may emerge through many sources, Hamline University is committed to ensuring that all reports are brought to and overseen by Hamline University’s Title IX Coordinator. The Title IX Coordinator will receive annual training on the matters covered in this policy.

B. Proceedings Under This Policy

1. Procedures for Addressing Sexual Misconduct Complaints
The Title IX Coordinator oversees the resolution of reported misconduct through Hamline University’s complaint processes. The process that will be followed will be determined by the status of the individual accused of the sexual misconduct:

• Complaints against students will be resolved pursuant to the Procedures for Addressing Protected Class Discrimination and Harassment or Sexual Misconduct Complaints against Students.

• Complaints against faculty and staff will be resolved by the Procedures for Addressing Sexual Misconduct Complaints against Faculty and Staff.

Each process is guided by the same principles of a prompt, fair and impartial investigation and resolution for all parties. A preponderance of evidence standard will be applied in assessing complaints made under this policy. Resources are available for both students and employees to provide guidance throughout the investigation and resolution of complaint. Possible sanctions following a final determination of a violation of this policy range from consulting and education to termination for employees or expulsion for students.

2. Initial Assessment
For every report of sexual misconduct, Hamline University, through the Title IX Coordinator, will make an initial assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim measures to provide for the safety of the individual or the campus community.

3. Interim Measures and Reasonable Accommodation
Upon receipt of a report, the Title IX Coordinator will coordinate interim support and reasonable protective measures to Hamline students, faculty, and staff to prevent further acts of misconduct. Hamline University will determine the necessity and scope of any interim measures. Even when an individual does not specifically request that protective action be taken, Hamline University may choose to impose interim measures at its discretion to ensure the safety of any individual, the broader Hamline community or the integrity of the review process. Hamline University may impose any remedy that can be tailored to the involved parties to achieve the goals of this policy.

4. Privacy and Requests for Confidentiality
The Title IX Coordinator will make every effort to protect the privacy of the individuals involved in a report of sexual misconduct consistent with the need for a thorough review of and appropriate response to a complaint. If a report or complaint of misconduct discloses an immediate threat to the Hamline University campus community, Hamline University may issue a timely notice of the conduct to the community to protect the health or safety of the broader campus community. This notice will not contain any biographical or other identifying information regarding the individual who experienced sexual misconduct. Immediately threatening circumstances include, but are not limited to, recently reported incidents of sexual misconduct that include the use of force, a weapon, or other circumstances that represent a serious and ongoing threat to Hamline University students, faculty, staff, or visitors. To the extent permissible by law, other publicly-available records will be completed without the inclusion of identifying information about the individual who experienced the sexual misconduct.

Where Hamline University has received a report of sexual misconduct, but the complaining individual requests that his or her identity remain confidential or that Hamline University not pursue an investigation, Hamline University must balance this request with its responsibility to provide a safe and non-discriminatory environment for all Hamline community members. Hamline University will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or a request not to pursue an investigation, but its ability to investigate may be limited by the request for confidentiality. Under these circumstances, Hamline University will weigh the request for confidentiality against the following factors: the seriousness of the alleged misconduct, any potential threats to community safety, the respective ages and positions of the parties involved, whether there have been other misconduct complaints against the accused, and the accused’s right to receive information under applicable policy or law.

VI. RECORD KEEPING
The Dean of Students will maintain all files and records created in connection with a complaint under these proceedings. With the exception of documented remedial measures, these files will be kept separate from regular student and employment files. Mediators and investigators in subsequent investigations of other cases involving any of the same parties may obtain these records. The University affirms its right to use these records in any kind of administrative, governmental, or judicial proceedings in which they are relevant or necessary. The University will, to the extent permitted by law, keep identifying information about an individual who makes a complaint under this policy out of publicly – available records.