1.5 Sexual Violence Policy

Responsible Position

President or designee

Related Items

Minnesota State 1B.3 Sexual Violence Policy

Policy Statement

Sexual violence is an intolerable intrusion into the most personal and private rights of an individual, and is prohibited at Alexandria Technical and Community College (ATCC) 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 ATCC or Minnesota State Board policies that may require separate proceedings. To further its commitment against sexual violence, ATCC provides reporting options, an investigative and disciplinary process, and prevention training, and other related services as appropriate.

Absence of affirmative consent may warrant criminal charges against the perpetrator of sexual violence in any of its forms. Affirmative consent is informed, freely given, and mutually understood willingness to participate in sexual activity that is expressed by clear, unambiguous, and affirmative words or actions. It is the responsibility of the person who wants to engage in sexual activity to ensure that the other person has consented to engage in the sexual activity. Consent must be present throughout the entire sexual activity and can be revoked at any time. 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, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. A lack of protest, absence of resistance, or silence alone does not constitute consent, and past consent of sexual activities does not imply ongoing future consent. The existence of a dating relationship between the people involved or the existence of a past sexual relationship does not prove the presence of, or otherwise provide the basis for, an assumption of consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

As part of the larger community, Alexandria Technical and Community College is subject to, abides by, and supports Minnesota State statutes and local ordinances regarding criminal sexual conduct, including the Minnesota State's Sexual Violence Policy, which can be viewed at www.minnstate.edu/board/policy/1b03.html. Other policies, such as Student Code of Conduct and employment contracts, may apply.

ATCC provides sexual violence prevention training to employees and students annually.

Related ATCC Documents: 1.5.1 Sexual Violence Procedure
Effective Date: 3/5/2018
Review Date: 2/28/2018
Archive: