Sexual Violence and Title IX

There are resources available if you have been assaulted. You're not alone. If you need assistance, please call one of the Normandale staff listed below.

1. If you are in danger or need emergency assistance, call the Police at 911. You can also report any campus situations to the Normandale Community College Public Safety office at 952-358-8280.
2. Know that it is not your fault. Victims commonly experience feeling shame or a sense of responsibility for the assault. This is simply not true. You didn't deserve it. You didn't ask for it. It's not your fault.
3. Find a safe environment and a trusted person to stay with you. You don't need to go through this alone. Find a friend, family member or other safe place to stay.
4. Speak to Someone Confidentially. If you'd like to speak to someone confidentially, call Cornerstone Counseling: Staffed 24 hours a day: 952-884-0376 to speak to an advocate.
5. Consider Reporting. If you are considering reporting, do not wash or bathe. Put clothes into a paper bag to preserve them.
6. Seek Medical Attention. An evidentiary exam, which can include treatment for STIs and pregnancy testing and prevention, will help you make the best choices for you. There is no charge for the exam. All services are free and strictly confidential.
7. Get Further Support. Consider contacting resources in order to receive additional support or to learn more about options you may choose, including reporting the assault to the college and/or to law enforcement.

The following Normandale Community College staff can offer support and are not mandated to report to college officials:

• Licensed Psychologist
  • Amy Wagener: C1112, 952-358-9356
• Normandale Community College Counselors
  • Lavonne Evenson: C1055, 952-358-8257
  • Paul Harlos: C1054, 952-358-8254
  • Frances Bland: C1050, 952-358-8259
  • Valerie Dean: C1052, 952-358-8253
  • Kristin Cooper: C1046, 952-358-8807
  • Shannon Schenck:, 952-358-9470

Who should file

Anyone or group related to Normandale Community College who believes there has been an act of discrimination on the basis of sex against any person or group in a program or activity that receives financial assistance may file a complaint under Title IX. The person or organization filing the complaint need not be a victim of the alleged discrimination but may be affected by a general "hostile sexual environment" or complain on behalf of another person or group. A complaint should be sent to the office that serves the state in which the alleged discrimination occurred. You can file a complaint to the Title IX staff at Normandale Community College by using the sexual misconduct report form.

Report Now

Members of the Normandale Community College community who identify themselves as victims or survivors of sexual assault may rely on the following provisions in support of their recovery.

• You can choose whether or not to file a complaint with the appropriate college department or with law enforcement.
• You do not have to identify the alleged perpetrator, unless the information is necessary to respond to your request for a specific form of assistance.
• Before making a report to a college official, you can request information about college policies and procedures for releasing personally identifiable information about you. You can request that information by contacting the Normandale Community College Advising and Counseling Office at 952-358-8261 or Dr. Amy Wagener at 952-358-8926, and 24 hour-hour Crisis Phone Support is available at Cornerstone by calling 952-884-0376; contacting Title IX Coordinator at 952-358-8623 or Deputy Coordinators at 952-358-9144 or 952-358-9211.
• You can request assistance from a confidential advocate or the Title IX Coordinator in filing a report with law enforcement.
• You can access confidential physical and mental health care at Normandale Community College's Health, Counseling, and Wellness Services or a healthcare facility of your choice without consenting to an investigation.
• You can request a barring of personal contact between you and the alleged perpetrator through the Title IX Coordinator.
• You can request relocation through the Title IX Coordinator.
• If you are a student, you can request a change in your class schedule to avoid contact with the alleged perpetrator through the Title IX Coordinator.
• You will be informed of the outcomes of the investigation.
• Normandale Community College's investigative procedure guarantees the following rights if you have filed a complaint with the college:
  • To receive written information about the college's policies and procedures
  • To have an advisor or advocate of your choosing present during the investigative process

*All email addresses for the Sexual Assault Response Team are firstname.lastname@normandale.edu

First Point of Contact

Student Affairs/Dean of Students

DOS@normandale.edu

Jason Cardinal, C1110

952-358-9462

*Students can report instances of sexual violence to the Title IX team at TitleIX@normandale.edu

*Students can also contact any staff or faculty member they feel comfortable talking to about allegations of sexual assault.

Helping someone can be a frightening experience, but it is important for you to know what to do to help someone in need.

To help a friend:

1. Believe them. Statements such as "I believe you" and "It wasn't your fault" can be extremely helpful.

2. Make sure they feel safe in their current location.

3. Listen and be available.

4. Don't judge or blame your friend for what happened.

5. Encourage action, but allow your friend to decide what actions to take.

6. Encourage your friend to seek medical attention, but don't force them to do so. Making choices helps your friend to regain control lost during the assault.

7. If they'd like to speak to someone confidentially, encourage them to call the Normandale Community College Advising and Counseling Center at 952-358-8261 or Dr. Amy Wegener, the Director of Health and Wellness at 952-358-9356. Cornerstone provides 24-hour Crisis Phone Support at 952-884-0376.

8. Encourage them to consider contacting resources listed in this brochure in order to receive additional support or to learn more about their options, including reporting the assault to the university and/or to law enforcement.

9. Be patient. Healing from a sexual assault takes time.

10. Consider getting help for yourself. Supporting a friend can be stressful. You can utilize the resources listed on this website.

Remember, sexual violence is never the survivor's fault!

Counseling and Mental Health

• Normandale Counselors offer personal and mental health counseling, crisis intervention, and referrals: normandale.edu/counseling
  • Dr. Amy Wagener, PsyD, LP
  • Frances Bland, MS
  • Kristen Cooper, MS
  • Valerie Dean, MA
  • Lavonne Evenson, MS, LPC
  • Paul Harlos, MEd
  • Shannon Schenck, MS, MA, MFA, LPCC
• Cornerstone is a violence prevention organization based in Bloomington, MN: 24-hour crises line: 1-866-223-1111 or 952-884-0376
• Hennepin County Medical Center (HCMC) Acute Psychiatric Services, 612-873-3161
• Suicide Hotline: 612-873-2222
  • 24-hour phone and walk-in service for evaluation and treatment of behavioral emergencies and significant life crisis.
• National Suicide Prevention Lifeline - 1-800-273-8255
• Sexual Violence Center - 612-871-5111
  • Minneapolis Office: 3757 Fremont Ave. N.
  • Chaska Office: 500 North Pine St., Suite 303
  • 24-hour phone counseling, support groups, education, and individual counseling for victims, and loved ones of victims, who have experienced any form of unwanted sexual contact.
• The Walk in Counseling Center: 612-870-0565, 2421 Chicago Avenue South, Minneapolis.
  • Crisis intervention and short-term counseling to individuals, couples and families. No appointment is necessary during counseling hours. These services are free, but donations are appreciated.

Health Care

• Fairview Southdale Hospital, 6401 France Ave. S. Edina, MN 55435, 952-924-5000, 24/7 appointment scheduling: 1-855-FAIRVIEW (324-7843)
• Hennepin County and Sexual Assault Resources: 612-873-5832, Available 24 hours a day and at area hospital emergency rooms
• Park Nicollet-Methodist Hospital, 6500 Excelsior Blvd, St. Louis Park, MN 55426, 952-993-6600
• Sexual Assault Response Team: 612-873-5832
• Allina Health, Abbott Northwestern Hospital; 800 East 28th Street, Minneapolis, MN 55407, 612-863-4000
• Rape Crisis Center: 612-871-5111

Legal Resources

• Law Help MN
• Legal Aid

Advocacy

• Minnesota Coalition for Battered Women: 60 E. Plato Blvd., Suite 130 St. Paul, MN 55107, 651-646-6177, Fax: 651-646-1527, 1-866-223-1111 Crisis Line, 1-800-289-6177, Email:mcbw@wcbw.org
• Minnesota Coalition Against Sexual Assault, 161 St. Anthony Avenue, Suite 1001, St. Paul, MN 55103, 651-209-9993, Toll-Free: 1-800-964-8847
• A.A.R.D.V.A.R.C. - An Abuse, Rape and Domestic Violence Aid and Resource Collection, 
• The National Domestic Violence Hotline has some COVID-19 resources and information: 
• Sexual Violence Center, 24-Hour Crisis Line 612-871-5111

Support for Respondents

www.ohsu.edu/xd/about/services/title-ix/resources/respondent-support.cfm

Mother's Rooms

Normandale Community College supports the needs of women who are students, employees or visitors to our campus who are breastfeeding their babies by providing dedicated rooms to pump their breast milk in a quiet, comfortable and private space. The Mother's Rooms on the Normandale campus are available in the following locations:

• College Services building in room C1198 - has a refrigerator
• Partnership Center building in room P1805
• Library building in room L1700W.

Students may receive key card to access all Mother's Room locations through Debbie Tillman, the Title IX Pregnant and Parenting deputy, in L2755. For more information, call 952-358-8623 or email debbie.tillman@normandale.edu.

Employees may set up keycard access to the Mother's Rooms through the Public Safety Office located in the Fine Arts Building in room F1250.

• Visitors to campus who need to use a Mother's Rooms should contact Public Safety at 952-358-8280 for entry assistance.
• It is the responsibility of everyone using the lactation room to maintain a clean space that is ready for the next user.
• Expressed milk stored in the refrigerator in C1198 must be labeled with the user's name, telephone number and the date the milk was expressed. It is the responsibility of each user to remove stored milk at the end of each day; the refrigerator will be checked regularly and expired expressed milk or other items will be removed and disposed of to keep the refrigerator clean for all users.
• Please limit the use of the Mother's rooms to activities associated with expressing milk only.

Equal Opportunity and Nondiscrimination Investigation Foundations

Equal Opportunity Nondiscrimination Investigator Training

Sexual Assault

Any sexual act directed against another person, against that person's will or where the victim is incapable of giving consent.

Includes rape, sodomy, sexual assault, and fondling. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory rape is sexual intercourse with a person who is under the age of consent.

"Sexual assault" means 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 Minnesota State Colleges and Universities 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.

Rape

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the consent of the victim.

Domestic Violence

Violent misdemeanor or felony offense against a current or former spouse or cohabitant, or anyone who would be protected by domestic or family violence laws.

Dating and Relationship Violence

Violence against a person in a romantic or intimate relationship. 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/partner abuse and may be subject to criminal prosecution under Minnesota state law.

Stalking

Behavior that would cause a reasonable person to fear for their or others' safety, or behavior that causes substantial emotional distress. Stalking is conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to fear for her or his safety or the safety of others or to suffer substantial emotional distress.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other unwanted conduct of a sexual nature.

Consent

Consent requires words or conduct indicating a freely given agreement to participate in sexual activities. Consent does not mean the existence of a prior or current relationship between people or that one failed to resist a particular sexual act. A person who is incapacitated or physically helpless cannot consent to a sexual act. Consent is informed, freely given and mutually understood. 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. Silence does not necessarily constitute consent, and past consent of sexual activities does not imply ongoing future consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.

Non-forcible Sex Acts

Non-forcible acts include unlawful sexual acts where consent is not relevant, such as sexual contact with an individual under the statutory age of consent, as defined by Minnesota law, or between persons who are related to each other within degrees wherein marriage is prohibited by law.

Reporting Incidents of Sexual Violence

• Complainants of sexual violence may report incidents at any time, but are strongly encouraged to report incidents promptly in order to best preserve evidence for legal or disciplinary action.
• Complainants are strongly encouraged to report incidents of sexual violence to law enforcement.
• Minnesota State students and employees are urged to report any incidents that they are aware of to the appropriate authority (internal and external). Anyone with campus authority or with supervisory or student-advising responsibility must make a report for the annual crime statistics report if they are made away of an act of sexual violence.
• Confidentiality is not guaranteed for reported incidents of sexual violence, except with privileged communications with health care professionals, clergy, or private legal counsel.

Investigation and Disciplinary Procedures

• When investigating complaints of sexual violence, colleges will use the system procedure found in Minnesota State Policy 1B.1.1 Report/Complaint of Discrimination/Harassment Investigations and Resolution (see Appendix C for full text of policy).
• The past history of the complainant and respondent shall be deemed irrelevant except as that history may directly relate to the incident being considered.
• College investigation and disciplinary procedures concerning allegations of sexual violence against employees or students shall:
  • Be respectful of the needs and rights of individuals involved;
  • Proceed as promptly as possible with the goal of a resolution within 30 days of initial report.
  • Permit a student complainant and a student respondent to have the same opportunity to have an appropriate support person or advisor present at any interview or hearing, in a manner consistent with the governing procedures and applicable data practices law;
  • Employees shall have the right to representation consistent with the appropriate collective bargaining agreement or personnel plan;
  • Be conducted in accordance with applicable due process standards and privacy laws;
  • Simultaneously inform both the complainant and respondent of the outcome in a timely manner, as permitted by applicable privacy law.
  • Be based on a preponderance of evidence standard, meaning that it is more likely than not that the policy or code has been violated.
• Any individual who knowingly provides false information regarding the filing of a complaint/report of sexual violence or during the investigation may be subject to discipline or legal action.
• If a complainant no longer desires to pursue a complaint through the college’s proceeding, the college reserves the right to investigate and resolve the complaint as it deems appropriate.

Sanctions

• If a finding is made that sexual violence has occurred include, but are not limited to: suspension, expulsion of students or termination from employment.
• The appropriate sanction will be determined on a case-by-case basis taking into account the severity of the conduct, the respondent’s previous disciplinary history, and other factors as appropriate.
• Actions by a student or employee intended as retaliation, reprisal or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.

See Sexual Violence Policy for full text of policy

Campus Sexual Assault Victims' Bill of Rights

Rights:

• The accuser and the accused must have the same opportunity to have others present for support and consultation.
• Both parties shall be informed of the outcome of any disciplinary proceeding.
• Survivors shall be notified of their options to notify law enforcement.
• Survivors shall be notified of counseling services.
• Survivors shall be notified of options for changing academic and living situations.

History:

The United States Congress enacted the “Campus Sexual Assault Victims' Bill of Rights” in 1992 as part of the Higher Education Amendments of 1992. It was signed into law by President Bush in July of 1992. The law requires that all colleges and universities that participate in federal student financial aid programs afford sexual assault victims certain basic rights.

It also requires the school to notify the victims of their option to report the assault to the proper law enforcement authorities.

If a school is in violation of this law they can be fined up to $27,500 or lose their eligibility to participate in federal student aid programs. Any complaints about a school should be made to the U.S. Department of Education.

The original purpose of this legislation was to combat the re-victimization of rape survivors across college campuses. This was a need that came about due to many image conscious colleges and universities that were more concerned with protecting their public image than seeing justice being served.

Pertinent Statutes

• Public Law: 102-325, section 486(c) - Campus Sexual Assault Victims' Bill of Rights
• 20 USC § 1092(f)(8) - Describes what Campus Sexual Violence policies must contain
• 34 CFR § 668.46 (b)(11) - Describes what must be in the annual security report regarding sexual violence acts from each college or university campus)

See Normandale's Policies and Procedures around Sexual Misconduct