Title IX & Reporting Sexual Assault

SCTCC's Commitment to Addressing Sexual Misconduct

What is Title IX?

Title IX prohibits discrimination based on sex in education programs and activities in federally funded schools. Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity. 

Title IX of the Education Amendments Act of 1972 is a federal law that states:

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

SCTCC is dedicated to the prevention of sexual discrimination, sexual harassment, and sexual misconduct, and providing a safe campus for its employees and students. In order to be proactive in its efforts, SCTCC has established procedures and policies to investigate complaints and address identified concerns.

On this page, you will find information about Title IX, available resources, and college policies and procedures regarding sexual misconduct. We hope you find this information helpful. If you have any other questions, please feel free to contact the Title IX Office at (320) 308-6158.

What Should I Know About Title IX?

SCTCC does not discriminate based on race, color, ethnicity, national origin, sex, pregnancy, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, marital status, and/or political affiliation in its programs, activities, or employment.

The following persons have been designated to handle inquiries regarding non-discrimination policies:

Title IX, Disability or Discrimination Inquiries:

Title IX Coordinator – Carol Brewer
1540 Northway Drive (Northway Building) 1-401
St. Cloud, MN 56303
Telephone: (320) 308-6158
Email: carol.brewer@sctcc.edu

 

Title IX prohibits discrimination based on sex in education programs and activities in federally funded schools. Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity. All students, faculty, and staff at SCTCC are protected by Title IX (regardless of gender, sexual orientation, gender identity, full or part-time status, disability, race or national origin) in all aspects of SCTCC’s educational programs and activities. All forms of sexual harassment, including but not limited to, dating and domestic violence, stalking, and sexual assault are violations of Title IX and prohibited by SCTCC.

Title IX compliance is a shared responsibility of everyone on campus, from top-level administration to individual staff members. We all have a part to play to ensure campus safety. The college has a Title IX Coordinator who is responsible for the coordination of compliance and safety efforts, as well as the processing of sexual misconduct reports and complaints.

SCTCC’s Title IX Coordinator is Carol Brewer and she can be reached at:

Office of Safety, Security and Title IX
1540 Northway Drive (Northway Building) 1-401
St. Cloud, MN 56303
Telephone: (320) 308-6158
Email: carol.brewer@sctcc.edu

The Title IX Coordinator is responsible for the following duties and activities:

  • Ensuring SCTCC complies with Title IX and other related laws.
  • Creation and application of college policies and procedures related to Title IX.
  • Coordination of implementation and administration of complaint procedures and investigations.
  • Working to create a safe learning and working campus environment.

Sexual Harassment.

For purposes of Title IX, sexual harassment means conduct on the basis of sex that occurs in a college or university’s program or activity in the United States that satisfies one or more of the following:

  1. An employee of the College conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct.
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
  3. Sexual assault, dating, intimate partner and relationship violence; and stalking as defined below.

Sexual assault.

An actual, attempted, or threatened sexual act with another person without that person's consent. Sexual assault is often a criminal act that can be prosecuted under Minnesota law, as well as form the basis for discipline under St. Cloud Technical & Community College student conduct codes and employee disciplinary standards. Sexual assault includes but is not limited to:

  1. 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.
  2. Involvement in any sexual act when the victim is unable to give consent.
  3. 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).
  4. Offensive sexual behavior that is directed at another such as indecent exposure or voyeurism.

Dating, Intimate Partner and relationship violence.

Violence including 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/partner abuse and may be subject to criminal prosecution under Minnesota state law.

Stalking.

Conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to fear for their safety or the safety of others or to suffer substantial emotional distress.

Consent

For purposes of Title IX, the definition of affirmative consent is used.

Affirmative Consent.

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 included conditions due to alcohol or drug consumption, or being asleep or unconscious. A lack of protest, absence or 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.

The following guidelines are helpful when considering whether consent is given:

  • Consent can be withdrawn at any time. If a person communicates consent but then changes his or her mind, consent no longer exists.
  • It is not safe to rely solely upon nonverbal communication. Nonverbal communication can lead to misunderstanding.
  • One should not assume consent is given.
  • Silence does not equal consent. Moreover, passivity or lack of active resistance alone does not equal consent.
  • A current or previous dating or sexual relationship does not constitute consent.
  • Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
  • Being intoxicated does not diminish one’s responsibility to obtain consent.
  • Consent cannot be given where a person is incapacitated due to alcohol or other drugs.
  • Consent cannot be given where a person is passed out, asleep, unconscious, mentally or physically impaired, threatened, confined or coerced.

The use of alcohol or other drugs can have unintended consequences. Alcohol or other drugs can lower inhibitions and create an atmosphere of confusion over whether consent is freely and effectively given. Being intoxicated or high is never an excuse for sexual misconduct. The presence of drugs or alcohol during sexual activity significantly increases the opportunity for misunderstanding and vulnerability, as well as the potential for violating SCTCC policy.

If a student is found to have violated the Sexual Violence Policy, one or more of the following sanctions may be imposed:

  • Suspension
  • Expulsion

If an employee is found to have violated college sexual misconduct policy, the employee may be subject to one or more of the following sanctions:

  • Termination of employment

The appropriate sanction will be determined on a case-by-case basis taking into account the severity of the conduct, the student’s or employee’s previous disciplinary history, and other factors as appropriate.

At SCTCC, we believe it is the duty of all students, faculty and staff to be actively engaged in keeping our campus safe. We’re committed to providing a safe space for students to live and learn, and for employees to work. In order to do so, various trainings are held annually and on an ongoing basis. You can find them listed below, in D2L Brightspace, or learn more by contacting your advisor or supervisor.

Required Sexual Violence Prevention Training (SVPT)

SVPT is a training course, developed by Minnesota State Colleges and Universities. The course focuses on promoting the intellectual awareness of all students, offering accessible resources and services from the university regarding sexual violence and sexual harassment. At the College, we believe that students need to be actively engaged in their education and engaged in contributing to keeping the campus safe. All incoming students are required to complete the training course, located on D2L Brightspace. Students must complete the course by the first day of registration for the following academic semester. The College automatically enrolls students in the online training course according to their enrollment as required by state and federal law. If a student has experienced sexual violence or relationship/domestic violence, they should contact the Title IX Coordinator for alternative training.

Those who fail to complete the training program will have a registration hold placed on their student account, preventing their registration for the subsequent semester. Students can resolve this hold by completing the online training.

Training Materials for Title IX Coordinators & Personnel

In order to improve overall transparency and integrity of SCTCC’s Title IX policies and procedures, we have made available all materials used to train Title IX coordinators, investigators, decision-makers and any employee who facilitates a resolution process.

  • Minnesota State Title IX & Sexual Violence Investigations Training
  • Minnesota Office of Higher Education Title IX Training

Campus Crime Statistics Reports

Campus Crime Statistics: Information and data related to the SCTCC campus safety and security policies and crime reports.

Minnesota Office of Higher Education Report (state mandate): Minnesota postsecondary institutions annual report regarding statistics of sexual assault; Minnesota Office of Higher Education gathers and calculates statistics.

Where Can I Get Help?

SCTCC encourages any person subjected to sexual misconduct to seek assistance and support. There are several resources available to you, listed in the drop-downs below.

If there is a crime in progress or you need immediate medical care or safety measures, call 911.

Contact Public Safety or local law enforcement to seek safety measures or report a crime. SCPD and Public Safety are obligated to report allegations of sexual misconduct to the Title IX Coordinator for investigation of Title IX violations.

SCSU Public Safety
526 4th Ave S, St. Cloud, MN 56303
(320) 308-3333
SCTCC Specific Crime Reporting Information - Sexual Assault

St. Cloud Police Department
101 11th Ave N, St. Cloud, MN 56303
(320) 345-4444

Stearns County Sheriff’s Office
807 Courthouse Square, St. Cloud, MN 56303
(320) 259-3700

Contact a medical facility if you need medical care or a rape kit.

SCTCC encourages you to report any sexual harassment or misconduct directed toward you to local law enforcement and college authorities. However, not everyone is ready to make such a call or report their concerns right away. Your safety and welfare are of utmost concern to the college. Therefore, if you are not ready to report to local or campus authorities, we encourage you to seek guidance from those closest to you; a friend, a family member, or any other supportive people in your life.
 

When doing so, please keep in mind the college’s obligations to investigate received reports.

There are certain individuals on campus who you can talk to in nearly complete confidence. These individuals have no responsibility to take action, report to law enforcement, or report to the college the information you share with them, so long as the individual is acting in their role as a confidential resource at the time you share your concerns. Please be advised, if you share your concerns only with these individuals, the college will not conduct an investigation unless you take further action to inform campus authorities of your concerns, or the college learns about your situation from another source.

The following are SCTCC confidential contacts:

Jeanna Franklin
(320)308-5006
jeanna.franklin@sctcc.edu

Catherine Paro
(320)308-5096
Catherine.paro@sctcc.edu

SCTCC Employees can contact:

Deb Holstad
(320)308-3227
DHolstad@sctcc.edu

While Confidential Resources do not have an obligation to take action or to initiate a campus investigation, they do have an obligation to report statistical information regarding some crimes, including sexual assault, dating violence, domestic violence and stalking to campus police for the purpose of annual crime statistic reporting. They may also have an obligation to report non-identifying information to the Title IX Coordinator for the purpose of addressing campus climate.

The following are people outside of the SCTCC community who you may talk to on a confidential basis and who do not have any reporting obligation to SCTCC:

  • Pastors of your choice.
  • Licensed psychologists, therapists or counselors. Some of these providers will charge a fee for their services.

Here are some community providers:

Counseling Centers

Advocacy Groups

Contact the Title IX Coordinator at (320) 308-6158 to file a formal complaint, seek safety measures and/or seek academic modifications if needed.

Carol Brewer, Title IX Coordinator (carol.brewer@sctcc.edu)

The college may provide interim measures for a student or employee who has been subjected to sexual misconduct in order to ensure the safety of that student/employee or to assist with classes or activities. Examples of possible supportive measures, depending on the circumstances, include:

  • Issuance of no-contact orders
  • Assistance from the college in finding a temporary shelter
  • Rescheduling an exam, paper, or assignment
  • Taking an incomplete in a class
  • Transferring between class sections
  • Temporary withdrawal
  • Alternative course completion options
  • Arranging to complete a course or lectures via distance education methods with the assistance of technology
  • Providing increased security at locations or activities
  • Changing work schedules or work areas
  • Changing work reporting relationships.

Student Advising Services

Kerby Plante
(320)308-5920
KPlante@sctcc.edu

Debra Leigh, VP for Cultural, Fluency, Equity & Inclusion
(320)308-5998
Debra.leigh@sctcc.edu

National Sexual Assault Hotline
1-800-656-4673

St. Cloud Technical & Community College follows the Minnesota State policies regarding sexual violence, discrimination, and harassment:

How Do I Report?

SCTCC encourages any person subjected to sexual misconduct to report the conduct to law enforcement and to the college's Title IX office. There are several reporting options available to you, they are listed in the drop-downs below.

If there is a crime in progress or you need immediate medical care or safety measures, call 911.

Contact Public Safety or local law enforcement to seek non-emergency safety measures or report a crime. Public Safety is obligated to report allegations of sexual misconduct to the Title IX Coordinator for investigation of Title IX violations.

SCSU Public Safety
1540 Northway Drive, St. Cloud, MN 56303
(320) 308-3333

St. Cloud Police Department
101 11th Ave N, St. Cloud, MN 56303
(320) 345-4444

Stearns County Sheriff’s Office
807 Courthouse Square, St. Cloud, MN 56303
(320) 259-3700

You may choose to file a report with the college and request that your name not be used in the investigation process. However, it is often difficult to investigate allegations when an individual requests that their name not be disclosed during an investigation. Reporting anonymously may limit the college’s ability to conduct a full investigation and take action. You may report anonymously through the college's Campus Eye reporting system (see next drop-down).

You may share a concern or file a complaint using Campus Eye reporting. The Campus Eye link may be found at Campus Eye Web Reporting Form. Campus Eye provides an online method by which SCTCC community members may share campus concerns. Concerns expressed through Campus Eye which contain potential sexual misconduct allegations will be investigated by the Title IX Coordinator and/or his or her designee.

Contact a Responsible Employee

Responsible employees are individuals working at SCTCC who have an obligation to inform the Title IX Coordinator of allegations of sex discrimination or sexual misconduct. Responsible Employees cannot keep your concerns confidential. If you talk to these individuals, your concerns will be reported and the college will conduct an investigation into your concerns. SCTCC considers all employees to be responsible employees. The ONLY exceptions are SCTCC’s two Confidential Resources:

Responsible Employees are authorized to take action on or required to report sexual misconduct allegations. Please understand, if you choose to share your concerns with a Confidential Resource, the college may not investigate your concerns as it may not have notice of those concerns. To the extent you want the college to take action, you need to report to a Responsible Employee, Public Safety, or the Title IX Coordinator.

SCTCC’s Title IX Coordinator is Carol Brewer. She may be reached at:

Office of Safety, Security, and Title IX
1540 Northway Drive
St. Cloud, MN  56303
Telephone: (320) 308-6158
Email: carol.brewer@sctcc.edu

The Office for Civil Rights (OCR) of the U.S. Department of Education enforces Title IX.

For more information, see http://www2.ed.gov/about/offices/list/ocr/complaintprocess.html.

SCTCC Policy S1.3.1 contains information to the college’s response to allegations of student and employee sexual misconduct including the investigation and appeals process. Click here for a copy of the college’s Sexual Violence Policy.

Generally, when the college receives notice or a complaint of behavior that may violate the college sexual misconduct policy, a Title IX investigator will conduct an impartial, neutral investigation. The investigator will generally interview both parties and witnesses, examine any evidence presented by the parties and examine any other available evidence. The investigator will, at the conclusion of the investigation, issue a determination about whether a violation occurred and recommend sanctions, if any are found, to be appropriate.

Fear of retaliation should never be an obstacle to reporting an incident of discrimination, harassment or sexual misconduct. Any individual who believes he or she has been subjected to misconduct is encouraged to report and has the right to seek support and utilize available resources without fear of retaliation. Retaliation for reporting concerns or violations of policy is prohibited by the college. The college prohibits retaliatory conduct taken against any person who reports concerns, files a police report, or files a complaint with the college. Retaliation is also prohibited against anyone who participates in an investigation as a witness. Retaliation is a separate violation of college policy. Sanctions available for sexual misconduct violations are also available for retaliatory conduct. If you believe you have been subjected to retaliation for filing a sexual misconduct complaint, please contact the Title IX Coordinator.

How Can I Be Part of the Solution?

Here are ten steps you can take to help reduce the risk of you or a friend being harmed in social situations:

  1. Trust your gut and be true to yourself. If something doesn’t feel right, it probably isn’t. If you feel uncomfortable in a situation, trust your instincts and leave. If someone is pressuring you, it’s better to make up an excuse to leave than to stay and be uncomfortable, scared, or worse. Your safety comes before someone else's feelings or what they may think of you. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911).
  2. When you go to a social gathering, go with a group of friends. Arrive together, check-in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
  3. Make plans and be prepared. When going out, know ahead of time who is going and plan to stay together as a group. Construct a backup plan for the day/night so that all of your friends know where to meet up if someone gets separated and/or their phone dies. Always have a designated sober friend in the group, even if they won’t be driving. Be sure to check that you have everything you need before you leave — a fully charged phone, the number for a reliable cab company, enough cash to get you home, etc. Keep your phone on you at all times in case you find yourself if an uncomfortable or dangerous situation.
  4. Do not leave your drink unattended while talking, dancing, using the restroom, or making a phone call. If you’ve left your drink alone, just get a new one.
  5. Do not accept drinks from people you do not know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don’t drink from the punch bowls or other large, common open containers.
  6. Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol consumed, or is acting out of character, get him or her to a safe place immediately. If a friend is behaving in ways that may violate the sexual misconduct policy, intervene or ask others to help you intervene.
  7. If you suspect you or a friend has been drugged, contact law enforcement immediately (local authorities can be reached by calling 911). Be explicit with doctors so they can give you the correct tests.
  8. Do not accept a ride with or enter the residence of someone you do not know. If you're taking an Uber or other means of ridesharing, as it is popular these days, confirm the license plate before getting in the vehicle.
  9. Avoid losing control of your ability to make good decisions. If you are getting to the point that you do not have control of yourself or your surroundings, stop and think about the type of situation in which you find yourself. It is far too easy for others to take advantage of you or a situation if you cannot think or act rationally.
  10. Be a good friend. If a friend is acting in a way that seems out of character, take notice. If he or she is overly intoxicated or seems to need assistance, get them to a safe place and support them. If you suspect that a friend has been drugged or needs medical attention because of over-intoxication or for any other reason, call 911.
  • If a friend tells you he or she is being stalked, abused or was physically or sexually assaulted, believe them and support them. Listen to his or her story. Do not victim blame. These offenses have nothing to do with the victim's behavior, actions or the reality of the situation. It is not helpful to judge or investigate. Rather, the best thing you can do is support your friend.
  • Sexual misconduct can lead to depression, anxiety, headaches, stomach problems, sleeping problems, and other issues. Encourage your friend to get help in dealing with the situation. Refer them to the Title IX Coordinator or any Responsible Employee. If the person has experienced physical harm, encourage them to seek medical help.
  • Ask the person how he or she would like your help. Perhaps they would like you to accompany them to the police or the hospital.
  • Allow them to make personal decisions about how to proceed and support their choices even if you disagree.
  • Do not respond to the alleged offender if that person reaches out to you for information. Contact with the alleged offender may put you or your friend in further danger or may impede an investigation.
  • Encourage your friend to keep evidence and document everything. Encourage your friend to: (1) create and keep a log of the time, date, place and other details so they do not forget what happened; (2) keep all e-mails, texts, phone messages, letters, notes or social media messages; and (3) encourage them to photograph any damages to their personal possessions and any injuries they may have incurred.
  • Respect your friend’s privacy. Do not give any information out about your friend’s situation to other friends without your friend’s consent.

Someone who observes a situation, but is not directly involved is called a bystander. Active Bystanders are aware of the barriers that stop observers from taking action and have learned several approaches they can use to assist someone who needs help. Common barriers to helping out in a situation are:

  1. Thinking it is someone else’s responsibility
  2. Fear of embarrassment if you have misread the situation
  3. Fear of what may happen to you
  4. Not knowing how to intervene.

Students, staff and faculty who want to know how to help when they observe a dangerous or uncomfortable situation may not know where to start. Below are some approaches to safely intervene if you see someone in a potentially unsafe situation:

  • Create a distraction. Go up to speak to the person or call the person’s cell phone to create a situation where attention is needed elsewhere. Or try to converse with the person who may be creating danger in order to allow time for the person in danger to move away.
  • Engage in group intervention. Ask friends to help out with distraction or separation.
  • Get an authority figure involved: Ask the bartender, bouncer, campus authority or law enforcement authority for assistance.
  • Ask the person who appears to be in danger if he or she is okay. If you think the person is in trouble, offer assistance.

Office of Safety, Security, and Title IX
Carol Brewer, Director of Safety and Security, Title IX Coordinator & Student Conduct Officer
1540 Northway Drive 
St. Cloud, MN  56303