Bethel University
Sexual Misconduct Policy
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Bethel University is a Christian community that is in partnership with and under the denominational umbrella of Converge Worldwide. In the area of sexuality, Bethel University expects students and employees to follow biblical guidelines for intimacy and for sexual relationships. See See Bethel University’s Covenant University’s Covenant for Life Together. While some portions of this Policy may address intimate or sexual activities outside of marriage, such discussions should not be seen as condoning these actions. At the same time, an individual’s engagement in intimate or sexual activities outside of marriage does not excuse Sexual Misconduct carried out against that individual. The University is committed to protecting the members of its community against Sexual Misconduct—regardless of the context in which it arises.
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Inquiries or complaints about Title IX, sex discrimination, sexual harassment, or other forms of Sexual Misconduct may be directed to the University’s Title IX Coordinator:
Cara KuhnAbby Woodley
Title IX Coordinator
Anderson Center Brushaber Commons (ANCBC) 530265
title-ix@bethel.edu
612-322-8908
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The Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: (800) 421-3481
Facsimile: (202) 453-6012 TDD#: (800) 877-8339
Email: OCR@ed.gov
Website: www.ed.gov/ocr
III. SCOPE OF POLICY
This Policy applies to all University community members, including students, employees, faculty, administrators, staff, applicants for admission or employment, and third parties, such as trustees, volunteers, vendors, independent contractors, visitors, and any individuals or entities regularly or temporarily employed, studying, living, visiting, conducting business, interacting with a member or members of our community, or having any official capacity with the University or on University property. All University community members are required to follow University policies and local, state, and federal law.
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V. DEFINITIONS
Complainant: An An individual who is alleged to be the victim of conduct that could violate this Policy.
Respondent: An An individual who has been reported to be the perpetrator of conduct that could constitute a violation of this Policy.
Report: An An account of Sexual Misconduct that has allegedly occurred that has been provided to the University by the complainant, a third party, or an anonymous source.
Formal Complaint: A A document filed by a complainant or signed by the Title IX Coordinator alleging a violation of this Policy and requesting that the University investigate the allegation of the Policy violation. A formal complaint begins the complaint resolution process as set forth in Section XII.B. Formal Complaint and Notice of Allegations below.
Sexual Misconduct: As As used in this Policy, Sexual Misconduct means the following forms of sex discrimination and other misconduct: Title IX Sexual Harassment, Non-Title IX Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking,1 and and Sexual Exploitation, as each of those terms is defined below.
Title IX Coordinator: The The designated staff member of the University with primary responsibility for coordinating Title IX compliance efforts, and who generally oversees the complaint resolution process, documents the findings and decisions, and maintains official records. For more information regarding the Title IX Coordinator’s role, see Section IV. Responsibilities of Title IX Coordinator and Title IX Team above.
1 Some Some instances of dating violence, domestic violence, and stalking may not be sexual in nature. For purposes of this Policy, the term “Sexual Misconduct” encompasses all instances of Dating Violence, Domestic Violence, and Stalking (as those terms are defined in this Policy), regardless of whether there is a sexual component to the behavior.
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Title IX Sexual Harassment: As As used in this Policy, Title IX Sexual Harassment includes conduct on the basis of sex that satisfies one or more of the following definitions, when the conduct occurs (1) in the University’s education program or activity and (2) against a person in the United States.
1. Title Title IX Quid Pro Quo Harassment: Title Title IX Quid Pro Quo Harassment occurs when an employee of the University, including a student-employee, conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct. Such unwelcome sexual conduct could include, but is not limited to, sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal, nonverbal, or physical conduct or communication of a sexual nature.
2. Title IX Hostile Environment Harassment: Title Title IX Hostile Environment Harassment is unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.
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3. Sexual Assault, Domestic Violence, Dating Violence, and Stalking as as those terms are defined below (when such conduct occurs (1) in the University’s education program or activity and (2) against a person in the United States).
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Non-Title IX Sexual Harassment: While While Title IX requires that the alleged conduct meet a certain threshold before it is considered Title IX Sexual Harassment, the University also prohibits unwelcome conduct on the basis of sex (1) that may not rise to the level of Title IX Sexual Harassment (as defined above), (2) that did not occur in the University’s education program or activity, but may nevertheless cause or threaten to cause an unacceptable disruption at the University or interfere with an individual’s right to a non-discriminatory educational or work environment, or (3) that did not occur against a person in the United States.2
As used in this Policy, Non-Title IX Sexual Harassment is conduct on the basis of sex that satisfies one or more of the following definitions.
Non-Title IX Quid Pro Quo Harassment:
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Non-Title IX Quid Pro Quo Harassment occurs when an employee of the University, including a student-employee, conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct. Such unwelcome sexual conduct could include, but is not limited to, sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal, nonverbal, or physical conduct or communication of a sexual nature.
Non-Title IX Hostile Environment Harassment:
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Non-Title IX Hostile Environment Harassment is unwelcome conduct on the basis of sex determined by a reasonable person to be so severe or pervasive that it substantially and unreasonably interferes with an individual’s employment or education, or creates an intimidating, hostile, or offensive employment or educational environment.
Examples of Non-Title IX Hostile Environment Harassment may include the same type of conduct listed above for Title IX Hostile Environment Harassment, when such conduct (1) does not rise to the level of being so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; (2) does not occur in the University’s education program or activity; or (3) does not occur against a person in the United States. The terms “on the basis of sex,” “unwelcome conduct,” and “reasonable person” have the same meanings provided above under the definition of Title IX Sexual Harassment.
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Coercion
Coercion is conduct or intimidation that would compel an individual to do something against their will by (1) the use of physical force, (2) threats of severely damaging consequences or (3) pressure that would cause a reasonable person to fear severely damaging consequences. Coercion is more than an effort to persuade or attract another person to engage in sexual contact or activity. Coercive behavior differs from seductive behavior based on the degree and type of pressure someone uses to obtain consent from another.
Sexual Exploitation: occurs occurs when a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited.3 Examples Examples of Sexual Exploitation include, but are not limited to:
● Intentional and repeated invasion of sexual privacy without consent (e.g., walking into the other person’s room or private space without consent);
● Prostituting another person;
● Non-consensual taking of photographs/images, video recording, and/or audio recording of a sexual activity;
● Non-consensual distribution of photographs/images, video recording, audio recording, or live-streaming of a sexual activity;
● Intentionally allowing third parties to observe sexual activities or view another’s intimate body parts, in a place where that person would have a reasonable expectation of privacy, without consent;
● Engaging in non-consensual voyeurism;
● Knowingly transmitting a sexually transmitted disease or sexually transmitted infection to another person without that person’s knowledge and consent;
● Intentional removal or attempted removal of clothing that exposes an individual’s bra, underwear, or intimate body part, or that is otherwise sexual in nature, without consent;
● Exposing one’s intimate body parts in non-consensual circumstances;
● Inducing another to expose his/her intimate body parts in non-consensual circumstances;
● Ejaculating on another person without consent;Distributing or displaying pornography to another in non-consensual or unwelcomed
circumstances;
● Distributing or displaying pornography to another in non-consensual or unwelcomed
circumstances;
3 Conduct Conduct cannot constitute both (1) Sexual Exploitation and (2) Title IX Sexual Harassment or Non-Title IX Sexual Harassment. Accordingly, if conduct is determined to be part of a finding of hostile environment harassment pursuant to either the Title IX Sexual Harassment or Non-Title IX Sexual Harassment definition, then that conduct will not separately be analyzed as Sexual Exploitation.
Dating Violence: Violence Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
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Dating Violence also is prohibited by Minnesota law. Minnesota law prohibiting domestic abuse includes physical harm, bodily injury, or assault committed between persons involved in a significant romantic or sexual relationship. See Minnesota Statutes Section Section 518B.01; 609.2242 or or the Minnesota State Law Definitions Section XVIII for applicable criminal law definitions of Dating Violence.
Domestic Violence: As As used in this Policy, Domestic Violence includes a felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim under the Minnesota family or domestic violence laws (or if the crime occurred outside of Minnesota, the jurisdiction in which the crime occurred).
Domestic Violence is prohibited by Minnesota law. See Minnesota Statutes Section Section 518B.01; 609.2242 or or the Minnesota State Law Definitions Section XVIII. below for applicable criminal law definitions relating to Domestic Violence. While not exhaustive, the following are examples of conduct that can constitute Domestic Violence when committed by a current or former spouse or intimate partner of the victim: (1) physical harm, bodily injury or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats, criminal sexual conduct, or interference with an emergency call.
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While Title IX requires that the alleged conduct occurs in a University program or activity against a person in the United States, the University also prohibits Domestic Violence that did not occur in the University’s education program or activity or against a person in the United States, but may nevertheless (1) have continuing adverse effects on campus, University property, or in a University program or activity, (2) substantially and unreasonably interfere with a community member’s employment, education, or environment on campus, University property, or in a University program or activity, or (3) create a hostile environment for community members on campus, on University property, or in a University program or activity.
Stalking: Engaging Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.
● Course of conduct means two or more acts, including but not limited to, acts which the stalker directly, indirectly, or through others, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property.
● For purposes of this definition, not all communication about a person will be considered to be directed at that person.
● Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or professional treatment or counseling.
● Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
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Stalking is also prohibited by Minnesota law. See Minnesota Statutes Statutes Section 609.749 or or the Minnesota State Law Definitions Section XVIII. below for applicable definitions of criminal Stalking.
Retaliation and Interference with Process: Retaliation Retaliation and Interference with Process is any act of intimidation, threat, coercion, or discrimination or any other adverse action or threat thereof against any individual for the purpose of interfering with any right or privilege secured by Title IX, its regulations, or this Policy or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy. Encouraging or assisting others to engage in retaliation or to interfere with the process are also considered Retaliation/Interference with Process and violate this Policy. While the University does not prohibit the parties from discussing the allegations in a formal complaint, acts that could constitute Retaliation and Interference with Process may include, but are not limited to: acts or comments that are intended to discourage a person from engaging in activity protected under this Policy or that would discourage a reasonable person from engaging in activity protected under this Policy; acts or comments that are intended to influence whether someone participates in the complaint resolution process, including the live hearing; acts or comments intended to embarrass the individual; adverse changes in employment status or opportunities; adverse academic action; and adverse changes to academic, educational, and extra-curricular opportunities. Retaliation and Interference with Process may be in person, through social media, email, text, and other forms of communication, representatives, or any other person. Retaliation and Interference with Process may be present against a person even when the person’s allegations of Sexual Misconduct are unsubstantiated.
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A. Confidential Communications and Resources
The University recognizes that some individuals may wish to keep their concerns confidential. Confidential communications are those communications which cannot be disclosed to another person, without the reporter’s consent, except under very limited circumstances such as allegations involving the physical abuse, sexual abuse, or neglect of a child (under the age of 18) or vulnerable adult or an imminent threat to the life of any person. Individuals who desire the details of Sexual Misconduct to be kept confidential should speak with a medical professional, professional counselor, minister or other pastoral counselor, or trained victims’ advocates. These resources include:
● On-Campus Resources:
Counseling Services
Townhouse H
counseling-services@bethel.edu
651-635-8540
Office of Christian Formation and Church Relations
Hagstrom Center (HC) 325
christian-formation@bethel.edu
651-638-6041
Health Services
Townhouse H-1
health-services@bethel.edu
651-638-6215
● Off-Campus Resources:
Ramsey County
SOS Sexual Violence Services
651-266-1000
https://www.ramseycounty.us/residents/health-medical/clinics-services/sos-sexual-violence-services
Teen Date Rape Crisis Helpline
800-214-4150
Teen Dating Abuse Hotline
866-331-9474
866-331-8453
Child Abuse Hotline
800-422-4453
Crime Victims Hotline
866-689-HELP (4357)
Domestic Violence Hotline
800-621-HOPE (4673)
RAINN (Rape, Abuse & Incest National Network)
Website: www.rainn.org
Phone: 800-656-HOPE (4673)
A person who speaks to a confidential resource should understand that, if the person does not report the concern to a non-confidential person at the University, such as one of the University officials designated in Section X.A.1. Reports to the University below, the University will be unable to provide certain supportive/interim measures that would require involvement from the University (such as issuing a no-contact order), conduct an investigation into the particular incident, or pursue disciplinary action. Individuals who first speak with a confidential resource may later decide to file a formal complaint with the University or report the incident to local law enforcement.
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In completing recordkeeping and issuing timely warnings, the University will protect a complainant’s confidentiality to the extent possible even if the complainant does not specifically request confidentiality.
Minnesota law, Minn. Stat. 135A.15, requires institutions to collect statistics, without inclusion of any personally identifying information, regarding the number of reports of sexual assault received by an institution and the number of types of resolutions. Data collected for purposes of submitting annual reports containing those statistics to the Minnesota Office of Higher Education under Minn. Stat. 135A.15 shall only be disclosed to the complainant, persons whose work assignments reasonably require access, and, at the complainant’s request, police conducting a criminal investigation. Nothing in this paragraph is intended to conflict with or limit the authority of the University to comply with other applicable state or federal laws.
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A. On-Campus Reporting
1. Reports to the University
The University urges anyone who experiences or becomes aware of an incident involving Sexual Misconduct to report the incident to the University by contacting any one of the following:
Title IX Coordinator & Compliance Specialist
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Abby Woodley
Brushaber Commons (BC) 265
612-322-8908
title-ix@bethel.edu
Office of Security and Safety
Hagstrom Center (HC) 103
651-638-6400
Reports can be made by telephone, mail, email, in person and online using the University’s anonymous online reporting form, accessible at: https://www.bethel.edu/people-culture/complaints-concerns/submit-anonymous-report/. Reports may be made at any time, including non-business hours by phone, email, mail, or the University’s website. As discussed below, individuals also have the option to file an anonymous report using the University’s online reporting form. Reports to the University should include as much information as possible, including the names of the complainant, respondent, and other involved individuals, and the date, time, place, and circumstances of the incidents, to enable the University to respond appropriately.
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Individuals who would like to report Sexual Misconduct to law enforcement should contact the following:
911 (for emergencies)
Ramsey County Sheriff’s Office
1411 Paul Kirkwold Drive
Arden Hills, MN 55112
651-484-3366
Individuals wishing to report an incident of Sexual Misconduct they have personal knowledge of or have witnessed may do so via telephone at 651-767-0640, or online at https://www.ramseycounty.us/your-government/leadership/sheriffs-office/sheriffs-office-divisions/administration/reporting-tip. This report may be anonymous if desired.
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D. Additional Rights in Cases Involving Allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Occurring Outside of the Education Program or Activity or Against a Person Outside of the United States
In cases involving allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking, occurring outside of of the education program or activity or against a person person outside of of the United States, the following additional rights will be afforded to the complainant and the respondent:
● The parties have the right to be accompanied to any complaint resolution process meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. The University will not limit the choice or presence of advisor for either the complainant or respondent in any meeting related to the complaint resolution process. See Section XI.E. Right to an Advisor below for additional information and requirements regarding the conduct of advisors.
● The complainant and respondent have the right to timely and equal access to information that will be used during informal and formal disciplinary meetings during the adjudication phase of the complaint resolution process, as set forth in Section XII.F.2. Access to Information below.
E. Right to an Advisor
The complainant and the respondent in a complaint resolution process (both the informal and formal resolution processes) involving allegations of (1) Title IX Sexual Harassment or (2) Sexual Assault, Dating Violence, Domestic Violence, and Stalking Stalking occurring outside of of the University’s education program or activity or against a person person outside of of the United States, have the right to be accompanied to meetings by an advisor of their choice, who may be, but is not required to be, an attorney. Generally, the advisor selected by the complainant or respondent should be free of conflicts of interest in the complaint resolution process and, if a member of the University community, the advisor should be free of conflicts in his or her position in the community. An individual has the right to decline a request to serve as an advisor in the University’s complaint resolution process.
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K. Time Frames for Resolution
The University is committed to the prompt and equitable resolution of allegations of Sexual Misconduct. As is discussed in more detail above and below, different procedures apply to cases involving allegations of Title IX Sexual Harassment than to other cases of alleged Sexual Misconduct. The time frames for each phase of the different procedures are as follows:
Cases Involving Allegations of Title IX Sexual Harassment
Specific time frames for each phase of the complaint resolution process for formal complaints involving allegations of Title IX Sexual Harassment are set forth in Section XII. Procedures for Sexual Misconduct Complaint Resolution below. Each phase of the process will generally be as follows:
● Review of formal complaint and notice of allegations to the parties: ten (10) calendar days
● Investigation: fifty (50) calendar days
● Review of directly related evidence and investigator consideration of evidence response statements: seventeen (17) calendar days
● Review of investigation report and written response: five (5) calendar days
● Live Hearing and Determination: twenty-five (25) calendar days
● Appeal: twenty (20) calendar daysCases Involving Other Allegations of Sexual Misconduct
Specific time frames for each phase of the complaint resolution process for formal complaints involving allegations of any other form of Sexual Misconduct are set forth in Section XII. Procedures for Sexual Misconduct Complaint Resolution below. Each phase of the process will generally be as follows:
● Review of formal complaint and notice of allegations to the parties: ten (10) calendar days
● Investigation: fifty (50) calendar days
● Review of investigation report and written response/rebuttal, if applicable: ten (10) calendar days
● Adjudication: twenty-five (25) calendar days
● Appeal: twenty (20) calendar days
In any Sexual Misconduct complaint resolution process, the process may include additional days between these phases as the University transitions from one phase to another. The parties will be notified when each listed phase begins and when it ends. If any transition period will last longer than five (5) calendar days, the parties will be notified of the delay and the reason for it.
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E. Informal Resolution Process
Following a formal complaint, at any time prior to reaching a determination regarding responsibility, the University may facilitate an informal resolution process. In cases involving allegations of Sexual Assault or more serious Sexual Misconduct, informal resolution may not be appropriate. In addition, in cases involving allegations that an employee engaged in Title IX Sexual Harassment against a student, informal resolution is not appropriate.
If the complainant, the respondent, and the University all agree to pursue an informal resolution, the Title IX Coordinator will attempt to facilitate a resolution that is agreeable to all parties. The Title IX Coordinator will not be an advocate for either the complainant or the respondent in the informal resolution process, but, rather, will aid in the resolution of the formal complaint in a non-adversarial manner. Under the informal process, the University will only conduct such fact-gathering as is useful to resolve the formal complaint and as is necessary to protect the interests of the parties, the University, and the University community.
The University will not compel a complainant or respondent to engage in mediation, to directly confront the other party, or to participate in any particular form of informal resolution. Participation in informal resolution is voluntary, and the complainant and respondent have the option to discontinue the informal process and request a formal complaint resolution process at any time prior to reaching an agreed-upon resolution. In addition, the University also always has the discretion to discontinue the informal process and move forward with a formal complaint resolution process. If at any point during the informal resolution process prior to reaching an agreed-upon resolution, the complainant or respondent or the University wishes to cease the informal resolution process and to proceed through the formal resolution process, the informal resolution process will stop and the formal resolution process outlined below will be invoked.
Prior to engaging in an informal resolution process, the University will provide the parties with a written notice disclosing: the allegations, the requirements of the informal resolution process, including the circumstances under which the informal resolution process precludes the parties from resuming a formal complaint arising from the same allegations, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. In addition, the University will obtain the parties’ voluntary, written consent to the informal resolution process.
Any informal resolution must adequately address the concerns of the complainant, as well as the rights of the respondent and the overall intent of the University to stop, remedy, and prevent Policy violations. Informal resolution may involve the imposition of individual and community remedies designed to maximize the complainant’s access to the educational and extracurricular activities of the University. Examples of potential remedies are provided in the Supportive/Interim Measures section of the Policy. The proposed resolution may also include other institutional responses, requirements, or sanctions imposed on the respondent.
The informal resolution process ends when a resolution has been reached or when the complainant, the respondent, or the University terminates the process. A successful informal resolution results in a binding agreement between the parties. If the parties to the formal complaint and the University agree in writing to the terms and conditions of a proposed resolution within five (5) calendar days of the Title IX Coordinator presenting the proposed resolution to the parties, the case will be resolved without further process under this procedure. If all parties to the formal complaint and the University do not agree in writing to the terms and conditions of the proposed resolution within five (5) calendar days of the Title IX Coordinator presenting the proposed resolution to the parties, the formal complaint will be referred to the formal resolution process.
Appeals are not allowed in cases where the parties have agreed to a voluntary alternative resolution of the matter.
The informal resolution process generally will take no more than fifteen (15) calendar days. In some cases, more time may be requiredThe parties may seek to use an Informal Resolution Process to develop a University-approved agreement between the complainant and the respondent designed to address the concerns raised in the Formal Complaint. The Informal Resolution Process will proceed if all parties agree to participate. The Informal Resolution Process is overseen by a trained facilitator appointed by the Title IX Coordinator. Normally the process commences prior to the investigation phase and is completed within thirty (30) calendar days. The Title IX Coordinator will maintain records for all Informal Resolution cases, including a copy of any University-approved agreements between the parties. The University maintains discretion to determine whether a matter is appropriate for Informal Resolution. Informal Resolution will not be available for Formal Complaints involving a student complainant and an employee respondent.
Participation in Informal Resolution is completely voluntary. The University will not require a complainant or respondent to engage in Informal Resolution and will allow a complainant and respondent to withdraw from Informal Resolution at any time up until an agreement is reached and signed. During the Informal Resolution, the University will not compel the complainant or respondent to interact directly with each other. The University may decline a request for Informal Resolution in any particular case and may terminate an ongoing Informal Resolution Process at any time. The agreement to participate in Informal Resolution and any resolution reached is subject to the agreement of the Title IX Coordinator, the complainant, and the respondent.
Each party has the right to choose and consult with an advisor during an Informal Resolution Process. The advisor may be any person, including an attorney, who is not otherwise a party or witness to the reported incident. See Advisor section for additional information on the protocols to be observed by an advisor.
Pursuing Informal Resolution is one step of the University's Grievance Process. If a matter is not resolved during the Informal Resolution, the matter will proceed to the Investigation and Hearing Process unless the complainant withdraws the Formal Complaint or the University dismisses the Formal Complaint.
Any informal resolution must adequately address the concerns of the complainant, as well as the rights of the respondent and the overall intent of the University to stop, remedy, and prevent Policy violations.
Informal resolution may involve the imposition of individual and community remedies designed to maximize the complainant’s access to the educational and extracurricular activities of the University. Examples of potential remedies are provided in the Supportive/Interim Measures section of the Policy. The proposed resolution may also include other institutional responses, requirements, or sanctions imposed on the respondent.
F. Formal Resolution Process
If the formal complaint is not processed or resolved through the informal resolution process discussed above, the formal complaint will be processed according to the formal resolution process outlined below.
1. Investigation
The Title IX Coordinator will designate one or more investigators to conduct a prompt and equitable investigation. The University will ensure that the investigator has received the appropriate training, is impartial, and is free of any conflict of interest or bias for or against complainants and respondents generally and for or against the complainant and respondent in the case. The University reserves the right to appoint any trained individuals who are without conflict or bias to serve as the investigator, including a third-party investigator. The parties will receive written notice of the investigator(s) appointed. If any party has a concern that the investigator(s) has a conflict of interest or bias, the party should report the concern in writing as indicated in Section XI.J. Conflicts of Interest above.
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The University will strive to complete the investigation within (i) fifty (50) calendar days from the date the investigator is appointed or (ii) if, after the date the investigator is appointed, the parties receive an amended notice of allegations that includes new allegations or new parties, fifty (50) calendar days from the date of the amended notice of allegations. This time frame may be extended depending on the circumstances of each case. In cases involving allegations of Title IX Sexual Harassment, the University will strive to complete the initial investigation in this 50-day time frame, but the final investigation report will not be completed until after the review of directly related evidence. See Section XII.F.2. Access to Information below for more information.
2. Access to Information
The procedures in the formal process for all cases of Sexual Misconduct are the same through the investigation phase. Prior to providing access to information, the Title IX Coordinator will make a final determination as to the procedures that will apply to the access to information phase and the adjudication phase.
a. Cases Involving Allegations of Title IX Sexual Harassment
Review of Directly Related Evidence
For formal complaints involving allegations of Title IX Sexual Harassment, the parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory and exculpatory evidence whether obtained from a party or other source. The Title IX Coordinator will send such evidence to each party and each party’s advisor in electronic format or hard copy. The parties will have a ten (10) calendar day period to review the evidence and prepare a written response to the evidence (the “Evidence Response Statement”). Each party’s Evidence Response Statement may not exceed 2,500 words in length. The Evidence Response Statement must be submitted to the Title IX Coordinator within the ten (10) calendar day period described above. The Evidence Response Statement may be used as an opportunity to clarify information contained in the directly related evidence, to present the party’s viewpoint about whether the evidence directly related to the allegations is relevant and therefore whether it should be included in the investigation report, and to identify evidence previously provided to the investigator that was not included in the directly related evidence which the party believes is directly related and relevant. While the parties may be assisted by their advisors in preparation of the Evidence Response Statement, the Evidence Response Statement must be submitted by the party, must be the party’s own statement, and may not be used to submit the statements of others on the party’s behalf. The parties may not address each other in the Evidence Response Statement.
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The Title IX Coordinator will review the parties’ Written Response Statements. Based on the statements, the Title IX Coordinator has the discretion to ask the investigator(s) for clarification, additional investigation, and/or to have information removed or redacted from the investigation report. In addition, the Title IX Coordinator may remove or redact any portions of the parties’ Written Response Statements that exceed the word limits of the statements as set forth above or that otherwise exceed the permitted scope of information that may be considered in the complaint resolution process (such as treatment records without consent, information subject to a legal privilege without a waiver, or evidence relating to the complainant’s prior sexual history if an exception does not apply).
b. Cases Involving Allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Occurring Outside of the Education Program or Activity or Against a PersonOutside of the United States
For formal complaints involving allegations of Sexual Assault, Dating Violence, Domestic Violence, or Stalking, occurring outside of of the University’s education program or activity or against a person outside outside of the United States, the investigation report will be made available for review by the complainant and respondent. The Title IX Coordinator will provide a five (5) calendar day period for the complainant and respondent to have access to review the investigation report and prepare a response to the investigation report, as discussed below.
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3. Adjudication
Upon completion of the investigation, the Title IX Coordinator will compile the adjudication file which will be shared with the Title IX Hearing Panel/decisionmaker(s). In cases involving allegations of (1) Title IX Sexual Harassment or (2) Sexual Assault, Domestic Violence, Dating Violence, or Stalking occurring outside of the University’s education program or activity or against a person outside of the United States, the parties will be given access to any information that is included in the adjudication file to the extent that it includes additional information that the parties did not review as part of the access to information step discussed above in Section XII.F.2. Access to Information.
a. Cases Involving Allegations of Title IX Sexual Harassment
Upon completion of the investigation in cases involving allegations of Title IX Sexual Harassment, the matter will be submitted to a Title IX Hearing Panel to hold a live hearing and to make a determination regarding responsibility and, if appropriate, sanctions.
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When a respondent is found not responsible for a Policy violation, but nevertheless is found to have engaged in inappropriate conduct—for example, inappropriate remarks that do not rise to the level of a violation of this Policy—the University may, in its discretion, require the respondent to receive appropriate education and/or training. The University may also recommend counseling or other support services for the respondent.
b. Cases Involving Allegations of Other Sexual Misconduct
Upon completion of the investigation in matters involving allegations of Sexual Misconduct that are not Title IX Sexual Harassment, the Title IX Coordinator will designate a decisionmaker(s) to complete a prompt and equitable adjudication. The Title IX Coordinator has the discretion to appoint one or more decisionmakers. Generally, a panel of two to three decisionmakers will be appointed to each case involving allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Stalking occurring outside of of the University’s education program or activity or against a person person outside of of the United States, and a single decisionmaker will be appointed for cases alleging other forms of Sexual Misconduct. Typically, decisionmakers may include the Chief of Staff, the Chief Human Resources Officer, director or associate director level staff members, faculty members, deans, associate deans, department chairs, vice presidents, or associate vice presidents. The University reserves the right to appoint any trained decisionmakers who are free from conflict of interest or bias, including third-party decisionmakers. For investigations involving allegations of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Stalking occurring outside of of the education program or activity or against a person person outside of of the United States in which the respondent is a faculty member, the decisionmakers will include at least one faculty member and at least one dean or vice president. If any party has a concern that the decisionmaker has a conflict of interest or bias, the party should report the concern in writing as indicated in Section XI.J. Conflicts of Interest above.
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For complaints involving (1) Title IX Sexual Harassment or (2) Sexual Assault, Dating Violence, Domestic Domestic Violence, or Stalking Stalking occurring outside of of an education program or activity or against a person outside of a person outside of the United States: The The written notice will include the allegations potentially constituting Sexual Misconduct, a description of the procedural steps taken from the receipt of the formal complaint through the determination (including any notifications to the parties, interviews with the parties and witnesses, site visits, methods used to gather other evidence, and hearings held), findings of fact supporting the determination, conclusions regarding the application of the University’s Policy to the facts, the determination regarding responsibility as to each allegation, any imposition of sanctions, whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the complainant, and the rationales for the determination and sanctions (including how the evidence was weighed, how the information supports the result, and the standard of evidence applied). The written notice will also include information about the procedures and permissible bases for appeal, as set forth below, and when the result becomes final. In addition, the written notice will include any other steps the University has taken to eliminate the conduct and prevent its recurrence.
For all other complaints of Sexual Misconduct: The The written notice will include the determination of the decisionmaker(s).
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The right to an appeal is limited to:
● Cases involving allegations of Title IX Sexual Harassment;
● Cases involving allegations of Sexual Assault, Domestic Violence, Dating Violence, or Stalking, occurring outside of of the education program or activity or against a person person outside of of the United States;
● Cases involving allegations of other forms of Sexual Misconduct where the decision regarding responsibility and sanctions included sanctions against a student respondent resulting in expulsion or a suspension of more than one semester;
● Cases involving allegations of other forms of Sexual Misconduct where the decision regarding responsibility and sanctions included sanctions against an employee respondent resulting in loss of salary, suspension of promotion and salary increases, reassignment or removal from an elected or appointed position, formal censure, revocation of tenure, demotion, or termination of employment.
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For complaints involving allegations of (1) Title IX Sexual Harassment or (2) Sexual Assault, Dating Violence, Domestic Violence, or Stalking Stalking occurring outside of of the education program or activity or against a person person outside of of the United States, the appeal file will be made available for review by the complainant and respondent. The Title IX Coordinator will provide a two (2) calendar day period for the complainant and respondent to have access to review the appeal file.
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B. Consideration of Appeal
The appeal officer will not rehear the case, but will review the appeal file and consider whether it is more likely than not that the above-listed grounds for appeal have been satisfied. The appeal officer may choose to meet with the parties and consider other additional information, in the appeal officer’s sole discretion. For cases of (1) Title IX Sexual Harassment or (2) Sexual Assault, Dating Violence, Domestic Violence, or Stalking Stalking occurring outside of of the education program or activity or against a person person outside of of the United States, if the appeal officer receives any additional information, the parties shall have an opportunity to review the additional information.
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What to do if you experience sexual violence:
● Get to a safe place.
● Call 911 if in immediate danger, if you are injured, or if the community is in possible danger.
● Consider securing immediate professional support on- or off-campus to assist you in the crisis.
● Seek medical attention, regardless of whether you choose to report or not.
● It is very important to preserve evidence. Take steps to preserve evidence, which may be necessary to the proof of criminal sexual violence or in obtaining a protective order. You may not know right now whether you will contact the police. But in case you later decide to, the evidence available immediately after the assault is crucial. To preserve evidence, follow these recommendations:
● Prior to seeking medical attention, do not shower, bathe, wash your hands, brush your teeth, use the toilet or clean up in any way. Bring another set of clothes to the hospital since clothes will be collected as part of the evidence. If you have changed clothes, bring your soiled clothing with you for evidence collection. Physical evidence can be collected up to 120 hours after an assault.
● Report to the police, if you so choose.
● Talk to a counselor. Even after the immediate crisis has passed, contact confidential on-campus and/or off-campus resources—for emotional support, information, and/or advocacy.
● Report the conduct to the Title IX Coordinator at (612-322-8908), if you choose to do so, so that the University may take appropriate action. Note that the Title IX Coordinator is not a confidential resource. The Title IX Coordinator can arrange for interim actions and accommodations, including no-contact orders. The University also can assist in any needed advocacy for community members who wish to obtain a protective order from local authorities. Alternatively, you can contact the Ramsey District Court to obtain a harassment restraining order/order for protection (see above).
Emergency Contacts
24-Hour Emergency — Local law enforcement: 911
24-Hour Emergency —Office of Safety and Security: 651-638-6400
On-Campus Places to Report Sexual Misconduct
Title IX Coordinator and Compliance Specialist
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Abby Woodley
Office:
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Brushaber Commons (
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BC)
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265
title-ix@bethel.edu
612-322-8908
Bethel University Office of Safety and Security
Office: Hagstrom Center (HC) 103
651-638-6400
On-Campus Confidential Resources and Support
Counseling Services
Townhouse H
counseling-services@bethel.edu
651-635-8540
Office of Christian Formation and Church Relations
Hagstrom Center (HC) 325
christian-formation@bethel.edu
651-638-6041
Health Services
Townhouse H-1
health-services@bethel.edu
651-638-6215
Off-Campus Places to Report Sexual Misconduct
911 (for emergencies)
Ramsey County Sheriff
1411 Paul Kirkwold Drive
Arden Hills, MN 55112
Phone: 651-484-3366
Website: https://www.ramseycounty.us/your-government/leadership/sheriffs-office
Off-Campus Confidential Resources and Support
SOS Sexual Violence Services – Ramsey County
555 Cedar Street
St. Paul, MN 55101
651-266-1000
https://www.ramseycounty.us/residents/health-medical/clinics-services/sos-sexual-violence-services
Crisis Connection
612-379-6363
866-379-6363
Teen Date Rape Crisis Helpline
800-214-4150
Teen Dating Abuse Hotline
866-331-9474
866-331-8453
Child Abuse Hotline
800-422-4453
Crime Victims Hotline
866-689-HELP (4357)
Domestic Violence Hotline
800-621-HOPE (4673)
RAINN (Rape, Abuse & Incest National Network)
Website: www.rainn.org
Phone: 800-656-HOPE (4673)
Court Contact Information for Harassment Restraining Orders and Orders for Protection
Ramsey County Domestic Abuse/Harassment Office
Juvenile and Family Justice Center
25 West 7th St. #B122
St. Paul, MN 55102
651-266-5130
Website: https://www.mncourts.gov/Find-Courts/Ramsey/Juvenile-and-Family.aspx
Online Forms for Order of Protection: https://mncourts.gov/GetForms.aspx?c=17&p=63
Online Forms for Harassment Restraining Order: https://www.mncourts.gov/GetForms.aspx?c=22&p=77
Health Care Options
Sexual Assault Nurse Examiners (SANE Nurses) available at area hospitals:
Regions Hospital
St. Paul, MN 55101
612-254-3456
United Hospital
333 Smith Ave. N
St. Paul, MN 55102
651-241-8000
Following a sexual assault, the most important concern is for the health, safety, and care of the person who has experienced sexual assault. Sexual Assault Nurse Examiners (SANE Nurses) perform a special exam and collect evidence in a “rape kit.” With the occasional exception of a few preventative medications, there is no charge for the SANE exam.
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Victim Services and Legal Information and Assistance
Ramsey County Mental Health Crisis Line (24-Hour)
651-266-7900
Domestic Violence Crisis Line (Toll-Free)
1-866-223-1111
Ramsey County Attorney’s Office
651-266-3222
U.S. Department of Education
Office for Civil Rights
Citigroup Center
500 W. Madison Street, Suite 1475
Chicago, IL 60661-4544
Phone: 312-730-1560
TDD: 877-521-2172
Email: OCR.Chicago@ed.gov
Visa and Immigration Assistance
International Student Services
Office: AC 313A
651-635-8048
international-students@bethel.edu
USCIS (US Citizenship and Immigration Services)
USCIS Application Support Center
1105 University Avenue W, Suite 102
St Paul, MN 55104
Phone: (800) 375-5283
Student Financial Aid
Office of Financial Aid
Anderson Center (ANC) 5th Level
651-638-6241 (800-255-8706)
finaid@bethel.edu
XVIII. MINNESOTA STATE LAW DEFINITIONS
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Sexual Assault:
See Minnesota Statutes Section Section 609.341 et et seq. for applicable criminal law definitions relating to sexual assault. Minnesota law prohibits criminal sexual conduct in the first through fifth degrees as set forth in Minnesota Statutes Sections 609.342-609.3451; criminal sexual conduct includes non-consensual sexual contact and non-consensual sexual penetration as those terms are defined in Minnesota Statutes Section609.341.
Dating Violence:
See Minnesota Statutes Sections Sections 518B.01; 609.2242 for for applicable state law definitions relating to dating violence. Minnesota law does not specifically define dating violence; however, Minnesota law prohibiting domestic abuse includes physical harm, bodily injury, or assault committed between persons involved in a significant romantic or sexual relationship.
Domestic Violence:
See Minnesota Statutes Sections Sections 518B.01; 609.2242 for for applicable state law definitions relating to domestic violence. Minnesota law prohibits domestic abuse committed against a family or household member by a family or householder member, as those terms are defined in Minnesota Statutes Section 518B.01.
Stalking:
See Minnesota Statutes Section Section 609.749 for for applicable criminal law definitions relating to stalking. Minnesota law prohibits stalking as defined in Minnesota Statutes Section 609.749.
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