Title IX Sexual Harrassment

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Applies To: Faculty, Staff, Students, Visitors

Responsible Office: Dean of Students

Related Documents: Student Conduct; Non-Discrimination, Harassment, Retaliation Based on Protected Class Status; Intimate Relationship Among Employees and Students Policy; Procedures for Addressing Title IX Sexual Harassment Complaints

Policy Statement

This policy outlines Mitchell Hamline School of Law’s community expectations to support a campus free from Sexual Harassment and any related retaliation in accordance with Title IX, provides for recourse for those individuals who believe that they have been subject to Sexual Harassment which constitutes sex discrimination in a Mitchell Hamline educational or employment program or activity in the United States, and references the procedures for determining whether a violation of this policy has occurred.

I. Policy Purpose and Scope

Consistent with our mission and values, Mitchell Hamline School of Law is committed to developing and educating the whole person and to investing in the personal and professional growth of all community members. We also seek to maintain a safe learning and working environment. Sexual Harassment as defined in this policy is a violation of a person's rights and dignity and will not be tolerated at Mitchell Hamline School of Law.

This policy applies to all Mitchell Hamline community members, including students, faculty, staff, volunteers, vendors, independent contractors, visitors, and any individuals regularly or temporarily employed, studying, visiting, conducting business or having any official capacity with Mitchell Hamline to the extent that the conduct or issue occurs in connection with a Mitchell Hamline educational or employment program or activity based in the United States. It shall be a violation of this policy for any of these individuals to engage in Sexual Harassment while on property owned or operated by the Law School, and off campus in the United States in connection with any Law School work, program or activity, including in connection with any academic, extracurricular, and other Law School program or activity, where Mitchell Hamline exercised substantial control over the individual alleged to have engaged in Sexual Harassment. This policy applies regardless of sexual orientation or gender identity of any of the parties. Sexual Harassment may occur between individuals who are or who have been involved in a dating or other intimate relationship, those who know one another, or those who are strangers.

This policy addresses Sexual Harassment defined as conduct on the basis of sex that occurs within the United States and satisfies one or more of the following:

  1. Unwelcomed Conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a Mitchell Hamline educational or employment program or activity; or
  2. An employee conditioning the provision of an aid, benefit, or service of a Mitchell Hamline education or employment program or activity on an individual’s participation in Unwelcomed Conduct (quid pro quo);
  3. Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in this policy that occurs in connection with or affects a person’s ability to participate in or benefit from a Mitchell Hamline educational or employment program or activity where Mitchell Hamline exercised substantial control over the individual alleged to have engaged in Sexual Harassment.

The Title IX Coordinator or designee has the authority to determine the applicability of this policy.

This policy seeks to prevent Sexual Harassment as defined under this policy; to support students, faculty, and staff who have experienced such conduct; and to provide an equitable process to promptly respond to any allegations regarding such conduct.

Please note that other forms or instances of sex discrimination, Sexual Harassment, and sexual misconduct not governed under this policy may be governed by the Mitchell Hamline Non-Discrimination, Harassment, and Retaliation Based on Protected Class Status; Intimate Relationship Among Employees and Students Policy; Student Code of Conduct; and other related Mitchell Hamline policies, procedures, requirements, and applicable laws.

In addition, it shall be a violation of this policy to retaliate against anyone who has in good faith brought forward a report or complaint pursuant to this policy, provided testimony, or otherwise participated in proceedings conducted under this policy. Retaliatory acts may include, but are not limited to, adverse changes in employment status or opportunities; adverse academic action; adverse changes to academic, educational and extra-curricular opportunities; harassment or intimidation; acts or comments intended to embarrass the individual; or seeking out or attempting to discover the Parties and/or witnesses involved in a report or Formal Complaint for the purpose of influencing their participation or statements, or taking adverse action against them. Retaliation is prohibited regardless of whether it occurs on or off campus, in person, or through social media, e-mail, or other forms of communication, or through a third party. Persons who feel that they have been retaliated against should immediately contact the Title IX Coordinator. Speech protected by the First Amendment does not constitute retaliation. Notwithstanding, disciplinary actions taken by Mitchell Hamline School of Law in response to an individual making a materially false statement does not constitute retaliation.

Mitchell Hamline School of Law encourages the prompt reporting of any incident of Sexual Harassment to local law enforcement and to Mitchell Hamline, pursuant to this policy. Upon receipt or initiation of a report or complaint, Mitchell Hamline will take prompt action to provide appropriate supportive measures, provide support for individuals who report having experienced Sexual Harassment or who seek assistance, address the safety of individuals involved and the campus community, and implement the processes for resolution as outlined pursuant to this policy. Mitchell Hamline School of Law will determine the necessity and scope of any supportive measures.

Nothing contained in this policy limits any rights of Mitchell Hamline School of Law or in any way restricts Mitchell Hamline from investigating or taking immediate remedial action in appropriate circumstances. Nothing in this policy precludes the School of Law from contacting criminal authorities under circumstances deemed appropriate, in its discretion.

Notice of Non-Discrimination

In accordance with Title IX, this policy addresses Mitchell Hamline's prohibition of all forms of sex discrimination, including Sexual Assault and Sexual Harassment, in connection with a Mitchell Hamline School of Law educational or employment program or activity based in the United States. Mitchell Hamline School of Law does not discriminate on the basis of sex or gender in its admissions, educational, extracurricular, or other programs or in employment. Sex discrimination is prohibited by Title IX of the Education Amendments of 1972, a federal law that provides that: "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." Sexual Harassment is a form of sex discrimination. Sexual Harassment includes a variety of unwelcome behavior of a sexual nature, including gender-based harassment, sexual violence, and sexual assault.

Mitchell Hamline School of Law will not tolerate Sexual Harassment in any form. Mitchell Hamline will promptly respond to all reports of Sexual Harassment identified in this policy in order to eliminate the discrimination, prevent its recurrence, and address its effects.

Inquiries or complaints about Title IX, sex discrimination, Sexual Harassment, or other forms of sexual misconduct may be directed to Mitchell Hamline's Title IX Coordinator:

Dean of Students
Mitchell Hamline School of Law
875 Summit Avenue
Saint Paul, MN 55105
651-695-7668 (office)
651-447-8839 (cell)
Dean.Students@mitchellhamline.edu 

Mitchell Hamline's Title IX Coordinator oversees Mitchell Hamline School of Law's review, investigation, and resolution process for reports of sexual discrimination and harassment under this policy. The duties and responsibilities of the Title IX Coordinator also include the coordination of all training, education, and prevention efforts pursuant to this policy.

The Title IX Coordinator will receive annual training on the matters covered in this policy, including Sexual Harassment identification, investigation, and proceedings. The Title IX Coordinator will ensure consistent application of the policy and allow Mitchell Hamline School of Law to respond promptly and equitably to eliminate any Sexual Harassment, prevent its recurrence, and address its effects. While a report may emerge through many sources, Mitchell Hamline School of Law is committed to ensuring that all Sexual Harassment reports are brought to and overseen by Mitchell Hamline School of Law's Title IX Coordinator.

Inquiries or complaints may also be directed to the U.S. Department of Education's Office for Civil Rights:

The Office of Civil Rights
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202-1100
(800) 421-3481 (Telephone)
(202) 453-6012 (Facsimile)
(800) 877-8339 (TDD)
OCR@ed.gov
http://www.ed.gov/ocr

II. Prohibited Conduct

A. Sexual Harassment

Mitchell Hamline prohibits Sexual Harassment. Sexual Harassment addressed under this policy consists of conduct on the basis of sex that occurs in connection with a Mitchell Hamline educational or employment program or activity in the United States that also satisfies one or more of the following:

1. Quid Pro Quo Sexual Harassment

Quid pro quo Sexual Harassment is unwanted sexual advances, requests for or exchange of sexual favors or other verbal or physical conduct of a sexual nature by an employee and submission to or rejection of such conduct is conditioned on or relates to the provision of an aid, benefit or service of a Mitchell Hamline educational or employment program or activity. Examples of quid pro quo Sexual Harassment include, but are not limited to:

  • Punishing or threatening to punish a refusal to comply with a sexual-based request.
  • Offering a benefit (such as a grade or promotion) in exchange for sexual favors or other verbal or physical conduct of a sexual nature.
2. Unwelcomed Conduct

Unwelcomed Conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a Mitchell Hamline educational or employment program or activity.

3. Dating/Intimate Partner Violence

Dating/Intimate Partner Violence is 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 will be determined based on the statement of the individual alleging the Dating/Intimate Partner Violence and with consideration of the following factors:

  • the length of the relationship;
  • the type of relationship; and
  • the frequency of interaction between the persons involved in the relationship.

Dating/Intimate Partner Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating/Intimate Partner Violence does not include acts covered under the definition of domestic violence.

Dating/Intimate Partner Violence is also prohibited by Minnesota law. See Minnesota Statutes Section 518B.01. Dating/Intimate Partner Violence may also be a violation of other applicable state and local laws.

This policy applies where Mitchell Hamline exercises substantial control over the individual alleged to have engaged in Dating/Intimate Partner Violence and the violence affects a person’s ability to participate in or benefit from an educational or employment program.

If a report brings forth more than one instance of Dating/Intimate Partner Violence that falls within this policy, all related incidents are to be included within said case.

4. Domestic Violence

Domestic violence includes felony or misdemeanor crimes of violence committed by:

  • a current or former spouse or intimate partner of the victim;
  • a person with whom the victim shares a child in common;
  • a person who is a current or former cohabitant of the victim as a spouse or intimate partner;
  • a person similarly situated to a spouse of the victim under Minnesota's domestic or family violence law; or
  • any other person against an adult or youth victim who is protected from that person's acts under applicable domestic or family violence laws of Minnesota (or, if the crime occurred outside of Minnesota, the jurisdiction in which the crime of violence occurred). In addition to the relationships described above, Minnesota law defines domestic violence to include violence committed between parents and children, blood relatives, persons who are presently residing together or who have resided together in the past, persons involved in a significant romantic relationship, and a man and woman, if the woman is pregnant and the man is alleged to be the father.

Domestic violence is also prohibited by Minnesota law. See Minnesota Statutes Section 518B.01. While not exhaustive, the following are examples of conduct that can constitute domestic violence: (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. Domestic violence may also be a violation of other applicable state and local laws.

This policy applies where Mitchell Hamline exercises substantial control over the individual alleged to have engaged in Domestic Violence and the violence affects a person’s ability to participate in or benefit from an educational or employment program. If a report brings forth more than one instance of Domestic Violence that falls within this policy, all related incidents are to be included within said case.

5. Stalking

Stalking is engaging in a course of conduct directed at a specific person based on sex that would cause a reasonable person (1) to fear for their safety or the safety of others; or (2) to suffer substantial emotional distress. Under this policy:

  • Course of conduct means two or more acts, including, but not limited to, acts in 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.
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Stalking behavior includes, directly or indirectly, i.e., through third parties, but is not limited to:

  • Repeated, unwanted and intrusive communications by phone, mail, text message, email and/or other electronic communications, including social media.
  • Repeatedly leaving or sending the victim unwanted items, presents or flowers.
  • Following or lying in wait for the victim at places such as home, school, work or recreational facilities.
  • Making direct or indirect threats to harm the victim or the victim's children, relatives, friends or pets.
  • Damaging or threatening to damage the victim's property.
  • Repeated posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth that would cause a person to feel threatened or intimidated.
  • Unreasonably obtaining personal information about the victim.
  • Cyber harassment such as distribution of photographs or video of a sexual nature without consent.

Stalking is also prohibited by Minnesota law. See Minnesota Statutes Section 609.749. As defined by Minnesota law, stalking means "to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim."

Stalking may also be a violation of other applicable state and local laws. This policy applies where Mitchell Hamline exercises substantial control over the individual alleged to have engaged in Stalking and the Stalking affects a person’s ability to participate in or benefit from an educational or employment program. If a report brings forth more than one instance of stalking that falls within this policy, all related incidents are to be included within said case.

6. Sexual Assault

Sexual Assault is any actual or attempted sexual contact with another person without that person's consent. As used in this policy, sexual contact includes intentional contact by the Respondent with the victim's genital area, groin, inner thigh, buttocks, or breasts, whether clothed or unclothed. Sexual Assault includes but is not limited to an offense that meets any of the following definitions:

  • Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, oral penetration by a sex organ of another person, or oral contact with the sex organ of another person, without consent.
  • Fondling: the touching of the private body parts (including the genital area, groin, inner thigh, buttocks, or breast) of another person for the purpose of sexual gratification, without consent including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
  • Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory rape: sexual intercourse with a person who is under the statutory age of consent; in Minnesota the age of consent is 16.

Sexual assault is a crime under Minnesota law. See, Minnesota Statutes, Section 609.341 et seq. As defined by Minnesota law, criminal sexual conduct includes non-consensual sexual contact and non-consensual sexual penetration as those terms are defined in Minnesota Statutes, Section 609.341. Sexual Assault may also be a violation of other applicable state and local laws.

If a report brings forth more than one instance of Sexual Assault that falls within this policy, all related incidents are to be included within said case.

B. Retaliation

It shall be a violation of this policy to retaliate against anyone who has in good faith brought forward a complaint pursuant to this policy, provided testimony, or otherwise participated in proceedings conducted under this policy. Persons who feel that they have been retaliated against should immediately contact the Title IX Coordinator. Speech protected by the First Amendment does not constitute retaliation. Notwithstanding, disciplinary actions taken by Mitchell Hamline School of Law in response to an individual making a materially false statement does not constitute retaliation.

III. Defining Consent, Coercion, and Incapacitation

A. Unwelcomed Conduct as defined in this policy is covered conduct engaged in without a person’s consent through coercion of the person or while the person is incapacitated. Consent under this policy is words or overt actions by a person clearly and affirmatively communicating a freely-given present agreement to perform a particular sexual act. Words or overt actions clearly communicate consent when a reasonable person in the circumstances would believe those words or actions indicate a willingness to participate in a mutually agreed-upon sexual activity. Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and obtaining consent. It is the responsibility of the person initiating the specific sexual activity to obtain consent for that activity.

The conditions of obtaining consent are subject to the following:

  • Consent can only be given if one is of legal age. In Minnesota, the legal age of consent is 16 years old.
  • Consent is a mutually understood and freely given "yes," not the absence of "no."
  • Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.
  • Consent can be withdrawn at any time. When consent is withdrawn, the sexual activity for which consent was initially provided must stop.
  • Silence or failing to resist does not imply consent.
  • Previous relationships or previous consent does not imply consent to future sexual acts.
  • An existing sexual, romantic, or marital relationship does not imply consent.
  • Prior sexual activity with other individuals does not imply consent.
  • Consent cannot be procured, expressly or implicitly, by use of force, intimidation, threats, or coercion.
  • There can be no consent to sexual activity with someone known to be - or who should be known to be - mentally or physically incapacitated including due to use of drugs or alcohol.
  • Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

B. Coercion refers to intimidation that would compel an individual to do something against their will by the use of psychological pressure, physical force, or threats of severely damaging consequences. Coercion is more than an effort to persuade or attract another person to engage in sexual activity. Coercive behavior differs from seductive behavior based on the degree and type of pressure someone used to get consent from another.

C. Incapacitation means the physical and/or mental inability to understand the fact, nature, or extent of the sexual situation. Incapacitation may result from mental or physical disability, sleep, unconsciousness, involuntary physical restraint, or from the influence of drugs or alcohol. With respect to incapacitation due to drug or alcohol ingestion, incapacitation requires more than being under the influence of drugs or alcohol; a person is not incapacitated just because they have been using drugs or alcohol. Where drugs and/or alcohol are involved, incapacitation is determined based on the facts and circumstances of the particular situation looking at whether the individual was able to understand the fact, nature, or extent of the sexual situation, whether the individual was able to communicate decisions regarding consent or the withdrawal of consent, and whether such condition was known or reasonably known to the Respondent or a reasonable person in the Respondent's position. Use of drugs or alcohol by the Respondent is not a defense against allegations of sexual misconduct and does not diminish personal accountability or criminal liability.

IV. Amnesty from Application of Student Alcohol and Illegal Drug Use Policy for Reports of Sexual Harassment

The School of Law strongly encourages students to report instances of Sexual Harassment. Mitchell Hamline recognizes that students who have been drinking or using drugs at the time of an incident of actual or suspected Sexual Harassment may hesitate to report because of potential disciplinary consequences for their own conduct. Therefore, individuals who in good faith report instances of Sexual Harassment, and individuals who participate as a witness in an investigation into allegations of violations of this policy, will not be disciplined by Mitchell Hamline for any violation of its drug and alcohol policies in which they might have engaged in connection with the reported incident. Mitchell Hamline may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs.

V. Sexual Harassment Reporting Resources

A. Confidential Resources

Mitchell Hamline School of Law encourages all community members to report any incident of Sexual Harassment. Mitchell Hamline recognizes, however, that there are many barriers to reporting, including individual, social and cultural, and not every individual will choose to make a formal complaint with Mitchell Hamline or with local law enforcement. For those individuals who are not prepared to make a report or initiate an investigation or other action by Mitchell Hamline, there are confidential resources available for students, staff, and faculty. Confidential communications are those communications which legally cannot be disclosed to another person, without the reporter's consent, except under very limited circumstances such as allegations involving the physical or sexual abuse of a child (under the age of 18) or vulnerable adult or an imminent threat to the life of any person. A person who speaks to a confidential resource should understand that, if the person only reports the concern to a confidential resource, Mitchell Hamline will be unable to provide certain supportive actions that would require involvement from Mitchell Hamline, such as implementing supportive measures, issuing a mutual no-contact directive, or conducting an investigation into the particular incident or pursuing disciplinary action.

The following on-campus resources are confidential:

For Students:

Mitchell Hamline Counseling Services
counseling@mitchellhamline.edu
651-290-8656

For Employees:

Employee Assistance Program (EAP)
1-800-854-1446

The following off campus resources are confidential:

Regions Hospital Emergency Room
640 Jackson Street, St. Paul, MN
651-254-3306 (ER is open 24/7)

SOS - Sexual Violence Services of Ramsey County
24-Hour Counseling, Advocacy, Information and Referral
651-266-1000

St. Paul Domestic Abuse Intervention Project
24-Hour Counseling, Advocacy, Information and Referral
651-645-2824

Lawyers Concerned for Lawyers
651-646-5590 or 1-866-525-6466

OutFront Minnesota
24-Hour Anti-violence crisis support line for LGBT victims
1-800-800-0350 (Option 3)

Minnesota Day One
The Call to Safety: domestic violence, sexual violence, trafficking
24-Hour Crisis Hotline: 1-866-223-1111
safety@dayoneservices.org
612-399-9995 (Deaf & Hard of Hearing Access)
https://dayoneservices.org/

RAINN’s National Sexual Assault Hotline
https://rainn.org/help-and-healing/hotline/
Free, confidential, 24/7 support
1-800-656-HOPE
Text HOPE to 64673

B. Non-Confidential Resources

In addition to the confidential resources listed above, all Mitchell Hamline community members have access to a variety of other resources that can provide crisis intervention services, counseling, and academic and job support. While not confidential, information is shared only as needed in the discretion of the Law School. Non-confidential communications are those communications with any Mitchell Hamline employee who is not a confidential resource as identified above. Only confidential resources can promise confidentiality. Any employee who receives a report or witnesses conduct that involves Sexual Harassment regarding a student is required to immediately report it to the Title IX Coordinator or a Deputy Coordinator.

Individuals who are uncertain whether to report or seek support under this policy should feel free to consult with one of the designated confidential resources above. In addition, individuals may contact the Title IX Coordinator for assistance without filing a Formal Complaint. The allegations will generally not be shared with law enforcement without the consent of the individual who has reported the sexual misconduct, unless the circumstances, in Mitchell Hamline’s discretion, warrant it, such as the allegations relate to sexual assault, relationship violence, or neglect of a child under the age of 18 (see the Mandatory Reporting of Child Abuse or Neglect section below for more information).

A report under this policy should be made to the Title IX Coordinator, a Deputy Title IX Coordinator, or another below-listed Campus Authority in person, by mail, telephone, or by e-mail. Reports made via the online reporting form will be forwarded to the School’s Title IX Coordinator.

Title IX Coordinator; Dean of Students
651-695-7668
Dean.Students@mitchellhamline.edu
Mitchell Hamline School of Law
875 Summit Avenue
Saint Paul, MN 55105

Deputy Title IX Coordinators

Patti Alaniz De Byrne, Manager, Disability Services
651-290-6343
Patti.Alaniz-Roux@mitchellhamline.edu

Katie Fulmer, Director, Academic Affairs
651-290-7611
Kaitlin.Fulmer@mitchellhamline.edu

Susan Schultz, Director, Human Resources
651-290-6322
susan.schultz@mitchellhamline.edu

Mitchell Hamline Safety and Security
612-286-3047

Reports can be made by telephone, via email, online, or in person. Any employee who receives a report or witnesses conduct that involves Sexual Harassment regarding a student is required to immediately report it to the Title IX Coordinator or a Deputy Coordinator.

VI. Immediate and Ongoing Assistance Following an Incident of Sexual Harassment

Mitchell Hamline will seek to support any person governed by this policy adversely impacted by Sexual Harassment. Both Mitchell Hamline and the Twin Cities community provide a variety of resources to assist and support individuals who have experienced Sexual Harassment or who have been affected by allegations of Sexual Harassment. These resources, both immediate and ongoing, are available to all persons irrespective of their decision to report to Mitchell Hamline or to law enforcement. Contact information for on- and off- campus resources (including confidential resources) who can provide an immediate response in a crisis situation, including assisting with obtaining needed resources and explaining reporting options, is listed in the Resources section of this policy and on Mitchell Hamline's website. Emergency numbers and information about health care options are also listed in the Sexual Harassment Reporting Resources section of this policy and on Mitchell Hamline's website.

Regardless of whether a Formal Complaint has been (or will be) filed, when the Law School has notice of Sexual Harassment in an educational or employment program or activity of the School in the United States and knows the identity of the Complainant, the Title IX Coordinator will promptly contact the Complainant to:

  • discuss the availability of Supportive Measures,
  • consider the Complainant’s wishes with respect to Supportive Measures, and
  • inform the Complainant of the availability of Supportive Measures with or without the filing of a Formal Complaint.

Supportive Measures may include support in accessing counseling and health services; responding to individual safety concerns; academic and work accommodations; or increased security and monitoring of the Campus as needed.

The Law School will maintain as confidential any Supportive Measures provided to the Complainant, to the extent that maintaining such confidentiality would not impair the ability of the School to provide the Supportive Measures. The Title IX Coordinator (or, when so delegated, a Deputy Title IX Coordinator or other campus authority) is responsible for coordinating the effective implementation of Supportive Measures.

Additional information about ongoing assistance is in the Supportive Measures section in Mitchell Hamline's Procedures for Addressing Title IX Sexual Harassment Complaints. To receive information about obtaining support services, individuals should contact the Title IX Coordinator or a confidential resource.

VII. Reporting Sexual Harassment

A. Reports to Mitchell Hamline

Mitchell Hamline School of Law is committed to providing a variety of accessible methods of reporting so that all instances of Sexual Harassment can be documented. Mitchell Hamline also recognizes that not every individual will be prepared to make a report to Mitchell Hamline School of Law or to law enforcement, and individuals are not expected or required to pursue a specific course of action. As outlined above, there are confidential resources on campus and in the community available to individuals not wishing to make a report to Mitchell Hamline School of Law or seeking additional information and support.

Reports to Mitchell Hamline need to provide as much information as possible, including the names of the individual reporting they have experienced Sexual Harassment and the Respondent, and the date, time, place, and circumstances of the incidents, to enable Mitchell Hamline to respond appropriately. Reports can be made by telephone, via email, via the online reporting form, or in person. This form also allows for anonymous reporting (see anonymous reporting).

A report under this Policy should be made to the Title IX Coordinator, or a Deputy Title IX Coordinator, or another below-listed Campus Authority in person, by mail, telephone, or by e-mail. Reports made via the online reporting form will be forwarded to the School’s Title IX Coordinator.

Title IX Coordinator; Dean of Students
651-695-7668
Dean.Students@mitchellhamline.edu
Mitchell Hamline School of Law
875 Summit Avenue
Saint Paul, MN 55105

Deputy Title IX Coordinators

Patti Alaniz De Byrne, Manager, Disability Services
651-290-6343
Patti.Alaniz-Roux@mitchellhamline.edu

Katie Fulmer, Director, Academic Affairs
651-290-7611
Kaitlin.Fulmer@mitchellhamline.edu

Susan Schultz, Director, Human Resources
651-290-6322
susan.schultz@mitchellhamline.edu

Mitchell Hamline Safety and Security
612-286-3047

Reports can be made by telephone, via email, online, or in person. Any Employee who receives a report or witnesses conduct that involves Sexual Harassment regarding a Student is required to immediately report it to the Title IX Coordinator or a Deputy Coordinator.

B. Anonymous Reports

In the event a person chooses, for whatever reason, not to come forward, Mitchell Hamline will accept anonymous reports of Sexual Harassment. Reports may be filed anonymously using Mitchell Hamline's anonymous online reporting form without requesting further action from Mitchell Hamline. The individual making the report is encouraged to provide as much detailed information as possible to allow Mitchell Hamline to investigate the report and respond as appropriate. Mitchell Hamline may be limited in its ability to investigate an anonymous report unless sufficient information is furnished to enable Mitchell Hamline to conduct a meaningful and fair investigation.

C. Reports to Law Enforcement

Individuals who wish to report criminal Sexual Harassment are strongly encouraged to notify local law enforcement authorities. Mitchell Hamline Safety and Security, and the Title IX Coordinator and Deputy Coordinators can assist individuals in contacting law enforcement. Mitchell Hamline School of Law is a member of the Ramsey County Protocol Team and encourages and supports individuals to pursue criminal action for incidents of Sexual Harassment that also may be crimes under Minnesota law. Mitchell Hamline School of Law, upon request to Mitchell Hamline Safety and Security or the Title IX Coordinator, will assist an individual in making a criminal report and, in all instances Mitchell Hamline School of Law will cooperate with law enforcement agencies if the individual decides to pursue the criminal process to the extent permitted by law. Individuals also have the option to decline to notify such authorities. However, Mitchell Hamline School of Law will also have discretion to notify such authorities. Reporting to law enforcement is not necessary for Mitchell Hamline to proceed with an investigation.

Law Enforcement Contact Information: 911 for immediate help

Contact your local police department directly

Visit a clinic or hospital and tell a healthcare professional you want to report the crime

St. Paul Police 911 (emergency) or 651-291-1111 (non-emergency)

This policy, its definitions, and the burden of proof for determining whether Sexual Harassment has occurred under this policy may differ from applicable criminal law. An individual may seek resolution through the complaint process referenced below, may pursue criminal action, may choose one but not the other, or may choose both. Neither law enforcement's determination whether to prosecute an individual, nor the outcome of any criminal prosecution, is determinative of whether Sexual Harassment under this policy has occurred. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus, and it is the responsibility of the Title IX Coordinator or designee to make these determinations.

Students, staff, and faculty may request such assistance whether or not the conduct occurred on campus or involved another Mitchell Hamline community member. Mitchell Hamline School of Law will provide such reasonable assistance that does not impose an undue burden financially or logistically on the Law School.

1. Crime Victims Bill of Rights

Pursuant to state law, victims of crime must be informed of their rights under the Crime Victims Bill of Rights. The following is a summary of crime victims' rights under Minnesota law.

When a crime is reported to law enforcement, victims have the right to:

  • Request that their identity be kept private in reports available to the public;
  • Be notified of crime victim rights and information on the nearest crime victim assistance program or resource;
  • Apply for financial assistance for non-property losses related to a crime;
  • Participate in prosecution of the case, including the right to be informed of a prosecutor's decision to decline prosecution or dismiss their case;
  • Protection from harm, including information about seeking a protective or harassment order at no cost;
  • Protection against employer retaliation for taking time off to attend protection or harassment restraining order proceedings; and
  • Assistance from the Crime Victims Reparations Board and the Commissioner of Public Safety.

Victims of domestic abuse also have the right to terminate a lease without penalty. Victims of sexual assault have the right to undergo a confidential sexual assault examination at no cost, make a confidential request for HIV testing of a convicted felon, and are not required to undergo a polygraph examination in order for an investigation or prosecution to proceed. In cases of domestic abuse and violent crime where an arrest has been made, victims also have the right to be provided notice of the release of the offender, including information on the release conditions and supervising agency.

Complete information about crime victims' rights is linked here. Information about victims' rights also is available from the Title IX Coordinator or from the Minnesota Department of Public Safety.

VIII. Required Reporting and Notifications

Pursuant to Minnesota state and federal law, Mitchell Hamline School of Law reports statistics concerning certain categories of sexual misconduct to the United States Department of Education (US DoEd) and the Minnesota Office of Higher Education (MOHE). These statistics do not include any personally identifiable information about the individuals involved in an incident and pertain only to specific types of offenses as required by the US DoEd and MOHE.

  • Clery Act, (US DoEd) Annual Security and Fire Safety Report: The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires law schools to track and report statistics pertaining to a variety of offenses and include them in their Annual Security and Fire Safety Report (ASR/ASFSR). Incidents must have occurred within the designated Clery geography to be included in the reported statistics.
  • Clery Act, (US DoEd) Timely Warning in accordance with federal law (Clery Act) Mitchell Hamline School of Law will issue a timely warning utilizing Mitchell Hamline ALERT Media for designated Clery Act offenses (including certain categories of Sexual Harassment) that occur within designated Clery geography and are reported within 5 days of the alleged incident and represent a serious or continuing threat to students and employees.
  • Minnesota Office of Higher Education, in accordance with Minnesota Statutes, Section 135A.15, Subd. 6, Mitchell Hamline School of Law provides annual statistics of sexual assault that meet the following criteria:
    • Either the alleged Complainant or Respondent was a member of the campus community employee or student) at the time of the incident; or,
    • The incident occurred on the institution's campus (or on property owned/rented by the institution; or,
    • The incident occurred at an institutionally sponsored event.

IX. Harassment Restraining Orders (HRO) and No-Contact Directives

Harassment restraining orders and orders for protection are legal orders issued by a state court that forbid someone from harassing and/or making contact with another. A harassment restraining order is a civil court order issued against a reported harasser, regardless of the relationship between the reported harasser and the victim, that orders the harasser to stop harassing the victim and/or to have no contact with the victim. An order for protection is a civil court order that protects one family or household member from domestic abuse by another family or household member. Petition forms to apply for Harassment Restraining Orders or to seek an Order for Protection are through Ramsey County. Please contact the Title IX Coordinator for information and assistance as needed in obtaining court orders for protection.

A no-contact directive is a Mitchell Hamline-issued directive that prohibits one or all parties from communication or contact with another. No-contact directives may be mutual or one-sided. Generally, no-contact directives issued pending the outcome of an investigation will be mutual and serve as notice to all parties that they must not have verbal, electronic, written, or third-party communication with one another. To request a no-contact directive from Mitchell Hamline, individuals should contact the Title IX Coordinator.

X. Procedures Under this Policy

The Title IX Coordinator oversees the resolution of Title IX Sexual Harassment reported through Mitchell Hamline School of Law's complaint processes.

The procedures applicable to Mitchell Hamline’s processing of reports of Sexual Harassment under this policy may be found at Procedures for Addressing Title IX Sexual Harassment Complaints. A signed Formal Complaint of the reported incident is required to implement the Procedures for Addressing Title IX Sexual Harassment Complaints. Reports that do not fall within this policy may be referred to the Non-discrimination, Harassment and Retaliation Based on Protected Class Status, Intimate Relationship Among Employees and Students Policy, or other applicable Law School policy,

A. Requests for Confidentiality or Non-Action

When the Title IX Coordinator receives a report of Sexual Harassment under this policy, they will respond in a timely and appropriate manner. Making a report to the Title IX Coordinator does not require an individual to begin or participate in a complaint resolution process or to report to local law enforcement. However, based on the information gathered, the Title IX Coordinator may determine that they have a responsibility to move forward with a complaint resolution process (even without the participation of the individual who has reported the Sexual Harassment).

Where the Title IX Coordinator has received a report of Sexual Harassment under this policy, but the individual requests that their identity remain confidential or that the report not be investigated, the Title IX Coordinator must balance this request with their responsibility to provide a safe and non-discriminatory environment for all Mitchell Hamline community members. Under these circumstances, the Title IX Coordinator will weigh the request for confidentiality against the following factors: the severity of the reported misconduct; any potential threats to community safety; the respective positions of the parties involved; whether there have been other misconduct complaints against the Respondent and the ability to conduct an investigation without revealing identifiable information.

Mitchell Hamline School of Law will take reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or a request not to pursue an investigation, but its ability to investigate may be limited by the request for confidentiality. The Title IX Coordinator may determine that the individual's request for confidentiality or no action cannot be honored. In this instance, the Title IX Coordinator or the Title IX Coordinator's designee(s) will inform the individual about the chosen course of action, which may include an investigation of the incident(s) reported, and may, at the individual's request, communicate to the Respondent that the individual asked Mitchell Hamline not to investigate and that Mitchell Hamline determined it needed to do so. Alternatively, action may include steps to limit the effects of the reported misconduct and prevent its recurrence that do not involve an investigation or formal disciplinary action against the Respondent or revealing the identity of the individual who is responding to the reported Sexual Harassment. In order to protect the rights and safety of this community, Mitchell Hamline reserves the right to take whatever measures deemed necessary in response to an allegation of Sexual Harassment. While Mitchell Hamline cannot guarantee confidentiality, it will strive to accommodate the individual's requests to the extent possible consistent with the legal obligations of Mitchell Hamline to respond effectively to reports.

In instances where Mitchell Hamline moves forward with a complaint resolution process without the participation of the individual who has reported the Sexual Harassment, the individual who is reported to have been subject to the harassment will have the same rights as provided to a Complainant under this policy even if the individual is not named as a Complainant.

XI. Emergency Resource and Reporting Options

Mitchell Hamline School of Law encourages all individuals who believe they have experienced an incident of sexual assault to seek assistance from a medical provider and/or law enforcement immediately. This is the best option to ensure preservation of evidence and to begin a timely investigative and remedial response. Mitchell Hamline School of Law will provide coordination with law enforcement, and information about Mitchell Hamline School of Law's resources and complaint processes.

Law Enforcement Contact Information: 911 for immediate help

Contact your local police department directly

Visit a clinic or hospital and tell a healthcare professional you have been the victim of Sexual Assault

St. Paul Police 911 (emergency) or 651-291-1111 (non-emergency)

A medical provider can provide emergency and/or follow-up medical services and discuss any health-care concerns related to the incident in a confidential medical setting may bring peace of mind. The medical exam has two goals: first, to diagnose and treat the full extent of any injury or other physical effect (sexually transmitted infection or pregnancy) and second, to properly collect and preserve evidence. There is a limited window of time (typically 240 hours/ 10 days) following an incident of sexual assault to preserve physical and other forms of evidence. Taking the step to gather evidence immediately does not commit an individual to any course of action. The decision to seek medical attention and gather any evidence will remain confidential yet preserve the full range of options to seek resolution through Mitchell Hamline School of Law's complaint processes or through the pursuit of criminal action if so desired.

XII. Options for Interim Measures

Regardless of whether an individual chooses to file a formal report of Sexual Harassment to Mitchell Hamline School of Law or to the police, there are supportive and reasonable protective measures available to Mitchell Hamline students, faculty, and staff to prevent further acts of harassment.

A request for supportive measures may be made to the Title IX Coordinator regardless of filing a formal report. The Title IX Coordinator is located in the Dean of Students Office, Room 119, 651-695-7668. The range of potential supportive measures may include:

  • Assisting with a leave of absence from work or school;
  • Modifying on-campus or work study workplace or academic schedules
  • Providing alternative, academic, or workplace arrangements;
  • Providing safety escorts while on campus;
  • Referring the student or employee to appropriate resources for developing a safety plan, seeking medical attention or counseling, or seeking legal assistance;
  • Removing employee or student's name from directories.

Mitchell Hamline School of Law also will take appropriate steps, at Mitchell Hamline’s discretion, to support any Mitchell Hamline community member, in Minnesota, who obtains an order for protection that includes Mitchell Hamline School of Law by assisting in enforcing that order. Orders of protection generally preclude in person, telephone, electronic, or third-party communications between specific individuals. Minnesota's Domestic Abuse Act, Minn. Stat. § 518B.01, sub. 2, describes how to obtain an order for protection in domestic violence situations. In some cases, an individual also may choose to consider a Harassment Restraining Order ("HRO") from a local court (see http://www.mncourts.gov/district/2/?page=995). This is a civil proceeding independent of Mitchell Hamline School of Law. If a court issues a protective order or a HRO, Mitchell Hamline School of Law will, to the extent possible, assist the protected person in benefiting from the restrictions imposed by the court and will facilitate on campus compliance with the order. Mitchell Hamline School of Law also may limit an individual or organization's access to certain School of Law facilities or activities as part of a no contact order.

XIII. Education and Prevention Programs

All Mitchell Hamline community members should be free from Sexual Harassment. Mitchell Hamline School of Law seeks to foster a climate free from Sexual Harassment through training, education, and implementation of this policy.

A. Ongoing Training

To assist in preventing and addressing incidents of Sexual Harassment, including sexual assault, relationship violence, and stalking, Mitchell Hamline School of Law is committed to providing prevention and awareness programs for all incoming students and new employees. These on-line and in person trainings will address the topics covered in this policy, including defining and understanding warning signs of sexual misconduct, and exploring safe and positive options for reducing the risks of this conduct happening and intervening as a bystander. Mitchell Hamline School of Law also is committed to offering additional training designed to foster and maintain a culture of respect consistent with its mission and values.

B. Bystander Intervention Tips

Prevention of sexual misconduct requires a commitment from all members of the campus community in order to foster and maintain an optimal environment for working, learning, living, and developing. Mitchell Hamline School of Law works to promote a campus climate in which individuals will use their best judgment to assist with situations if it is safe to do so. To assist in supporting this type of climate, the following suggestions are provided.

  • Address biased and/or sexist comments or behaviors that you witness to challenge actions that support sexual violence.
  • Avoid being a passive bystander to situations that could potentially evolve into sexual misconduct. Pay attention to the verbal and non-verbal signals of those around you and intervene in situations where a friend or acquaintance may be at risk for assault.
  • Simply check in with someone, which can serve to interrupt the potential for something bad happening. Ask yourself, "If I were in this situation, would I want someone to help me?"
  • Encourage your friends to show respect for others by respecting their boundaries, physical and otherwise. This includes a personal decision to be alcohol- or drug-free.
  • Keep campus emergency numbers in your cell phone or other electronic device and call for help.
  • Make a report of the incident by contacting Mitchell Hamline Safety and Security or any of the other resources identified in this policy.

XIV. Record Keeping

The Title IX Coordinator will maintain all files and records created in connection with a complaint under this policy and related proceedings under the Procedures for Addressing Title IX Sexual Harassment Complaints. With the exception of documented supportive measures and sanctions, these files will be kept separate from regular student conduct and employment files. Records will be maintained for a minimum of seven years; records of suspension or expulsion are kept indefinitely. The Law School affirms its right to use these records in any kind of administrative, governmental, or judicial/conduct proceedings in which they are relevant or necessary, as determined solely by the Law School. The Law School will, to the extent permitted by law, keep identifying information about a Complainant out of publicly available records.

Disclaimer

Mitchell Hamline policies are for informational purposes and to set expectations and do not constitute a contract, either express or implied, with any employee, student, or third party. Subject to applicable law, Mitchell Hamline reserves the right to amend, modify, or terminate any of the policies or procedures described herein, in whole or in part, at any time, with or without prior notice, at its sole discretion. Mitchell Hamline also may choose not to apply a policy in certain circumstances if it determines a different course of action is more appropriate.