Legal Definitions & Rights
Title IX complaints and investigations rely on terms with legal definitions. Both the complaintant and the respondent have legal rights in the investigation process.
The complainant is the person filing the complaint of discrimination or sexual violence.
The respondent is the person who the complaint is filed against.
Legal Definitions
It’s important to understand the legal definitions for types of violent behaviors and the concept of consent. These terms are used when reporting a complaint and during a Title IX investigation.
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 to sexual activities does not imply on-going 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.
Dating and relationship violence includes physical harm or abuse, and threats of physical harm or abuse, arising out of a personal intimate relationship.
This violence also may be called domestic abuse or spousal and partner abuse and may be subject to criminal prosecution under Minnesota state law.
Sexual assault means an actual, attempted, or threatened sexual act with another person without that person’s affirmative 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 student conduct codes 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.
- Intentional and unwelcome touching, or coercing, forcing, or attempting to coerce or force another to touch a 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.
Sexual violence is a continuum of conduct that includes sexual assault, non-forcible sex acts, dating and relationship violence, stalking, as well as aiding acts of sexual violence.
Per Minnesota State and WSU’s 1B.3 Sexual Violence Policy, sexual violence includes, but is not limited to, actual, attempted, or threatened instances of:
- sexual assault
- dating and relationship violence
- stalking
Stalking is conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to:
- fear for their safety
- fear for the safety of others
- suffer substantial emotional distress
Complainant Rights
After Reporting an Incident
Following a report of sexual violence, the complainant must be promptly notified of the availability of a campus or local program providing sexual assault advocacy services and information on free legal resources and services.
The following advocacy services are available.
At the time the complaint is made, the Title IX Coordinator will:
- inform the complainant of the provisions of the Board Policy 1B.3 and the investigative procedure
- provide a copy of the web address for Board Policy 1B.3 and the procedure to the complainant
- determine whether other individuals are permitted to accompany the complainant during investigatory interviews and the extent of their involvement
- inform the complainant of the provisions of Board Policy 1B.3 prohibiting retaliation
- discuss the availability of supportive measures
- explain the process for filing a formal Title IX complaint
On-Going Rights
Complainants must also be notified of the following rights:
- Their right to file criminal charges with local law enforcement officials in sexual assault cases
- Their rights under the crime victims bill of rights, Minn. Stat. §§ 611A.01 – 611A.06, including the right to assistance from the Crime Victims Reparations Board and the commissioner of public safety
- The right to prompt assistance from campus officials, upon request, in notifying the appropriate campus investigating authorities and law enforcement officials, and assistance in obtaining, securing, and maintaining evidence in connection with a sexual violence incident
- The right to prompt investigation of a formal complaint
- The right to have an attorney or other support person who is not a fact witness to the sexual assault at any meeting with campus officials concerning the victim’s sexual assault complaint or campus disciplinary proceeding concerning a sexual assault complaint
- The right, upon a sexual assault complainant’s request, to have the University or system office take action and other supportive measures to prevent unwanted contact with the alleged assailant, including, but not limited to, transfer of the complainant and/or the respondent to alternative classes, or to a work site or to alternative college-owned housing, if such alternatives are available and feasible
- The right, upon request, should the complainant subsequently choose to transfer to another college or university to be provided with information about resources for victims of sexual assault at the college or university to which the complainant is transferring
- The right to be notified of the outcome of any campus disciplinary proceeding concerning their sexual assault complaint, consistent with laws relating to data practices
Respondent Rights
After an Incident Is Reported
At the time initial contact is made with the respondent, the Title IX Coordinator shall inform the respondent in writing of the existence and general nature of the complaint and the provisions of the sexual violence policy, including the name of the complainant.
At the initial meeting with the respondent, the Title IX Coordinator shall:
- provide a copy of the web address for Board Policy 1B.3 and this procedure to the respondent
- provide sufficient information to the respondent consistent with state and federal data privacy laws to allow the respondent to respond to the substance of the complaint
- explain to the respondent that in addition to being interviewed by the Title IX Coordinator, the respondent may provide a written response to the allegations
- determine whether other individuals are permitted to accompany the respondent during investigative interviews and the extent of their involvement
- discuss the availability of supportive measures
- inform the respondent of the provisions of Board Policy 1B.3 prohibiting retaliation
- use the template notice of allegations
On-Going Rights
A respondent has the right to the following:
- The presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the investigation process
- The right to prompt assistance from campus officials, upon request, in notifying the appropriate campus investigating authorities and law enforcement officials, and assistance in obtaining, securing, and maintaining evidence in connection with a sexual violence incident
- The right to prompt investigation of a formal complaint
- The right to have an attorney or other support person who is not a fact witness to the sexual assault at any meeting with campus officials concerning the sexual assault complaint or campus disciplinary proceeding concerning a sexual assault complaint
- The right, upon request, to have the University or system office take action and other supportive measures to prevent unwanted contact with the alleged assailant, including, but not limited to, transfer of the complainant and/or the respondent to alternative classes, or to a work site or to alternative college-owned housing, if such alternatives are available and feasible
- The right to be notified of the outcome of any campus disciplinary proceeding concerning the sexual assault complaint, consistent with laws relating to data practices
- The right to be protected from retaliation or reprisal for making or participating in a complaint or disciplinary proceeding
- The right, consistent with laws governing access to student records, to have access to their description of the incident as it was reported to the University, including if the respondent transfers to another postsecondary institution
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