Policies & Procedures on Harassment/Violence

SEXUAL HARASSMENT POLICY

Augsburg College prohibits sexual harassment, intimidation and exploitation. Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment; or
  • submission to or rejection of such conduct by an individual is used as the basis for academic and/or employment decisions affecting such individuals; or
  • such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or creating an intimidating, hostile, or offensive environment.

Augsburg College prohibits sexual violence: see also the Sexual Violence Policy

SEXUAL VIOLENCE POLICY

Sexual violence exceeds the bounds of acceptable behavior at Augsburg College and is prohibited. The College is committed to maintaining an academic environment free from any form of sexual coercion or violence. While recognizing the wide diversity of backgrounds, cultures, religious beliefs and experiences of the campus community, the College holds community members responsible for their actions in accordance with this policy.

Under this policy, sexual violence is any unwelcome sexual contact (actual or threatened) or penetration to which there has been no consent at the time of the activity. Lack of consent means that the person who has alleged the occurrence of sexual violence has not said “yes” to the sexual activity, including instances when she/he is unable to give informed consent because of sleep, being under the influence of alcohol, or for any other reason she/he is not able to give consent due to a physical or emotional condition.

Sexual contact can include but is not limited to unwelcome sexual behavior, including kissing and/or intentional touching of another person’s intimate parts (breasts, buttocks, genital area, groin or inner thigh, or the clothing covering these intimate parts), and unwelcome sexual penetration. Sexual violence also includes threats of violence with or without weapons.
Sexual penetration includes any sexually intended intrusion, however slight, into any opening of a person’s body by parts of another person’s body or any object.

Approved by Executive Committee of the Board of Regents July 20, 1992

SEXUAL HARASSMENT/SEXUAL VIOLENCE INVESTIGATION PROCESS

To provide a fair and supportive process, the following will be used for alleged violations of the Sexual Harassment and Sexual Violence Policy.

1. The Dean of Students and Director of Public Safety meet with the complainant and/or review reports and determine what interim measures are appropriate, if any, from the College for the accused student is warranted. If so, the Dean of Students and Director of Public Safety will meet with and inform the accused student.
2. The accused student will meet with the Dean of Students and Director of Public Safety who will continue to investigate as necessary.
3. A hearing will be conducted by the Dean of Students and Director of Public Safety. They will determine if a violation has occurred and determine if sanctions will be rendered. The Dean of Students and Director of Public Safety will share their decision with the complainant and the accused student individually.
4. The complainant and/or the accused may appeal the decision. The appeal will be heard by the Sexual Violence Review Panel, a 3-person panel of Augsburg College community members, which is convened by the Dean of Students. An individual from the campus community who received appropriate training will serve on the panel. The Review Panel recommends a decision to the Vice President of Student Affairs who may uphold, overturn, or amend the Review Panel’s decision. During summer months and the break between semesters or trimesters, appeals will be heard by the Vice President of Student Affairs or designee.
5. Per federal law, the College will disclose to the complainant and accused student the final results of a disciplinary hearing regarding an incident alleged to involve a crime of violence or a forcible or non-forcible sex offence.
For further information, please refer to the Augsburg College Sexual Harassment and the Sexual Violence Policy.

Administrative Action
During an investigation of an alleged violation of the sexually harassment or sexual violence policy, the College may take action regarding the curricular and co-curricular involvement of the people involved. The College may take action when there is a reasonable cause to believe that a student poses a threat to the safety of self or other persons or property or poses a disruptive threat to operations of the College.

The following actions may be considered including but not limited to:

1. Providing an escort between classes and activities
2. Ensuring that the complainant and accused student do not attend the same classes
3. Moving the complainant or the accused student to a different residence hall
4. Providing additional necessary services such as counseling, medical services, academic support services, etc.
5. Arranging for the complainant to re-take a course or withdraw from a class without penalty
6.  Summary Eviction

  • A summary eviction requires that the student vacate the residence halls immediately.  It may be imposed if the Dean of Students/Director of Residence Life has reasonable cause to believe that the student poses a threat to the safety of her/himself, other persons, or property in the residence halls.  Any student summary evicted who returns to the residence halls during the period of suspension may be subject to permanent denial of a Residence Life contract and further sanctions.  Once summary eviction has been imposed, permission to enter any residence hall must be granted in writing and in advance by the Dean of Students/Director of Residence Life.
  • Any student subject to summary eviction shall be required to remain out of all residence halls until an administrative hearing is held.  The hearing shall be held within 7 working days of the notice of summary eviction.

7. Summary Suspension

  • A summary suspension requires that the student leave the campus immediately. The College may impose summary suspension when the Dean of Students and the Director of Public Safety have reasonable cause to believe that the student poses a threat to the safety of self, other persons or properties, or poses a disruptive threat to the operations of the College. Any summarily suspended student who returns to campus during the period of summary suspension may be subject to expulsion. Permission to be on campus may be granted for a specific purpose; however, it must be granted in advance and in writing by the Dean of Students or Director of Public Safety.
  • Any student subject to summary suspension shall be required to remain off campus property until an administrative hearing is held. The hearing shall be held within 7 working days of the notice of summary suspension.

Retaliation against any member of the community in the complaint and investigation process is a violation of College policy. Retaliation will not be tolerated and will be subject to College disciplinary procedures up to and including expulsion.