The University of Minnesota (the “University”) is committed to taking prompt and effective steps intended to end sexual harassment, sexual assault, stalking, relationship violence, and related retaliation, prevent their recurrence and, as appropriate, remedy their effects. In order to foster an environment free of prohibited conduct, all University members are encouraged to take reasonable prudent actions to prevent, stop, and report all acts of prohibited conduct. In addition, University members have the following reporting and other obligations related to possible prohibited conduct.
About the UMN Student Conduct Code
The University of Minnesota Student Conduct Code is based on the following guiding principles.
- The University seeks an environment that promotes academic achievement and integrity, that is protective of free inquiry, and that serves the educational mission of the University.
- The University seeks a community that is free from violence, threats, and intimidation; that is respectful of the rights, opportunities, and welfare of students, faculty, staff, and guests of the University; and that does not threaten the physical or mental health or safety of members of the University community.
- The University supports and is guided by state and federal law while also setting its own standards of conduct for its academic community. The University is dedicated to the rational and orderly resolution of conflict.
- Students are entitled to due process and procedural fairness protections, including the prompt notification of charges, the opportunity to respond, the right to an advocate of choice, and the right to the resolution of a case within a reasonable period of time.
Campus Title IX Offices’ Responses To Alleged Prohibited Conduct
Information Provided to Complainants
When a campus Title IX office learns about possible prohibited conduct, it will promptly contact the complainant to:
- provide information about available supportive measures, including:
- information about supportive measures and resources within the institution and in the community that are available with or without the filing of a formal complaint,
- information about how to request supportive measures, including changes to academic, living, transportation, and working situations,
- information about the University’s services related to no-contact orders, orders for protection, or other similar lawful orders,
- information about how the University will maintain the confidentiality of supportive measures provided to the complainant, and
- an invitation to the complainant to discuss supportive measures and share their wishes with respect to supportive measures with the campus Title IX office;
- where applicable, provide information about the various processes offered by the University to address prohibited conduct;
- where applicable, explain the process for filing a formal complaint or requesting an informal problem-solving process;
- provide information about how the University will complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the complainant;
- provide written notification about the importance of preserving evidence that may assist in a legal or campus disciplinary proceeding or may be helpful in obtaining a protective order;
- provide information about the complainant’s right to seek medical treatment, as appropriate;
- provide written information to the complainant about their right to contact law enforcement, to decline to contact law enforcement, to be assisted by campus representatives in contacting law enforcement, and to seek a protective order, as appropriate.
When a complainant does not respond to the communication from the campus Title IX office providing the information described above, the campus Title IX office will generally presume that the complainant does not want to initiate a grievance process or an informal problem-solving process.
Campus Title IX Office Determination about Further Responsive Action
In addition to contacting a complainant as outlined in Section IV.A, upon learning about possible prohibited conduct, the campus Title IX office will take one of the following three actions.
1. Initiate a grievance process.
The campus Title IX office will initiate a grievance process when the complainant has filed a formal complaint requesting that the University investigate alleged prohibited conduct or when the Title IX Coordinator has signed a formal complaint.
- In cases involving a student respondent, the Title IX Coordinator will sign a formal complaint when an investigation is needed to comply with legal anti-discrimination requirements or when campus safety is threatened. In determining whether campus safety is threatened, the Title IX Coordinator will consider the following factors, among others: whether the respondent is alleged to have used a weapon while committing prohibited conduct; whether the respondent is alleged to have used force while committing prohibited conduct; and whether the respondent has been alleged or found to have committed prohibited conduct against other complainants.
- In cases involving an employee or third-party respondent, the Title IX Coordinator will sign a formal complaint when: (1) an investigation is needed to comply with legal anti-discrimination requirements; (2) campus safety is threatened; or (3) an investigation is otherwise deemed to be the most appropriate and effective response.
2. Initiate an informal problem-solving process.
The campus Title IX office may initiate an informal problem-solving process to address alleged concerns and prevent prohibited conduct in cases where no formal complaint is filed or signed. For example, an informal problem-solving process may be appropriate in cases: (1) with an anonymous complainant; (2) where the alleged conduct does not rise to the level of prohibited conduct; (3) where the complainant does not want to initiate a grievance process and an informal problem-solving process may effectively deter future prohibited conduct; or (4) where the alleged conduct is likely covered by academic freedom or free speech protections.
3. Take no further action beyond offering supportive measures.
In certain cases where a complainant does not want an informal problem-solving or grievance process, or when the campus Title IX office does not have sufficient information to effectively initiate such a process, the campus Title IX office may decide not to take any action beyond offering supportive measures to the complainant.
For more information, please see Administrative Policy: Sexual Harassment, Sexual Assault, Stalking and Relationship Violence.