Title IX Coordinator

Saint Mary’s University of Minnesota (the “university”) is committed to fostering a climate free from sex discrimination in all forms through clear and effective policies, a coordinated education and prevention program, and prompt and equitable procedures for resolution of reports of conduct prohibited under this Policy.  Sex discriminaion includes differential treatment based on sex, retaliation, and failure to provide a student reasonable modifications for pregnancy and related conditions and quid pro quo sexual harassment, hostile environment sexual harassment, sexual assault,domestic violence, dating violence, stalking, and sexual exploitation.

As a Lasallian Catholic institution of higher education, the university believes in the inherent dignity and worth of every student and employee. As such, the university strives to create an environment where the dignity of each person is respected and honored.  Sex discrimination violates the dignity of the person and is inconsistent with the mission and values of the university.

Sexual assault statistics for college campuses:

• 1 in 5 college women nad 1 in 16 men will be the victim of sexual assault during their academic careers.
• More than 90% of sexual assaults go unreported.
• Survivors of rape or sexual assault are 4 times more likely to be victimized by someone they know than by a stranger.
• According to the U.S. Department of Justice, 90 percent of campus sexual assaults are committed by perpetrators that the victim knows.
• College women are most vulnerable to rape during the the months of August, September, October, and November of their freshman and sophomore years.
• 75 percent of the men and 55 percent of the women involved in acquaintance rapes were drinking or taking drugs just before the attack.

Domestic/dating violence statistics:

• On average, nearly 20 people per minute are victims of physical violence by an intimate partner in the United States.
• 1 in 3 women and 1 in 4 men have experienced some form of physical violence by an intimate partner within their lifetime.
• 1 in 7 women and 1 in 18 men have experienced stalking victimization during their lifetime in which they felt very fearful or believed that they or someone close to them would be harmed or killed.
• Intimate partner violence is most common among women between the ages of 18-24

Sexual Harassment Statistics

• 40 to 60 percent of working women and a similar proportions of female students in colleges and universities experience sexual harassment.

• Myth: Victims provoke sexual assaults when they dress provocatively or act in a promiscuous manner.
  • Fact: Rape and sexual assault are crimes of violence and control that stem from a person’s determination to exercise power over another. Neither provocative dress nor promiscuous behaviors are invitations for unwanted sexual activity. Forcing someone to engage in non-consensual sexual activity is sexual assault, regardless of the way that person dresses or acts.
    
• Myth: Sexual Assault is often falsely reported by people who want attention or regret a consensual sexual encounter.
  
  • Fact: The U.S. Department of Justice estimates that only 39% of sexual assaults are reported to the police each year. This makes sexual assault one of the most underreported crimes. Of the sexual assault reports that are filed with the police, only 2-8% turn out to be false. This rate of false reporting is consistent with the rate of false reporting for other violent crimes.
    
• Myth: Sexual Assault always involves extreme physical force that leaves scrapes, bruises, etc.
  • Fact: Sexual assault does not always involve overt physical force, and therefore does not necessarily leave physical traces. Non-consensual sexual contact can include sexual contact initiated through emotional or verbal coercion, rather than (or in addition to) physical coercion. Moreover, only 8% of sexual assaults involve the use of a weapon.
• Myth: Rape is most often perpetrated by someone unknown to the victim (“stranger rape”)
  • Fact: Nearly two-thirds of sexual assaults are committed by someone known to the victim. This includes intimate partners, relatives, friends, and acquaintances. Correspondingly, nearly 6 out of 10 sexual assault incidents occur in the home of the victim, the home of a friend, or the home of a neighbor.
• Myth: Men are not victims of sexual violence.
  • Fact: 1.5% of all men have been raped and 47% of bisexual men have experienced some form of unwanted sexual contact in their lifetime.
• Myth: Victims provoke sexual assaults when they dress provocatively or act in a promiscuous manner.
  • Fact: Rape and sexual assault are crimes of violence and control that stem from a person’s determination to exercise power over another. Neither provocative dress nor promiscuous behaviors are invitations for unwanted sexual activity. Forcing someone to engage in non-consensual sexual activity is sexual assault, regardless of the way that person dresses or acts.

Report refers to  providing  information regarding conduct that may violate this policy to the following individuals:

• Title IX Coordinator
• A  Deputy Title IX Coordinator
• Assistant Vice President for Human Resources
• Mandatory Reporter – any university employee 

A report is an account of sex discrimination that has allegedly occurred that has been provided to the university by the complainant, a third party (e.g. a mandatory reporter), or an anonymous source. A complaint is an oral or written request to the university that objectively can be understood as a request for the university to investigate and make a determination about an alleged violation of the Sex Discrimination Policy. People can report anonymously through the form below. 

Saint Mary’s Anonymous Report Form

Title IX Policy. (PDF)

In any complaint or resolution process under this policy, both the complainant and a respondent can expect:

• Respect, sensitivity, and dignity;
• Appropriate support from the University;
• Privacy to the extent possible based on applicable law and University policy;
• Information regarding all applicable policies and procedures;
• Written explanation of available resources;
• The right to participate or decline to participate in the complaint resolution process, with the acknowledgement that not participating, either totally or in part, may not prevent the process from proceeding with the information available;
• Equitable procedures that provide both parties with a prompt and impartial complaint resolution process conducted by officials who receive annual training on conduct prohibited by this Policy;
• Notice of the allegations and defenses and an opportunity to respond;
• Written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings at which the party’s participation is invited or expected, with sufficient time for the party to prepare to participate;
• An equal opportunity to identify relevant witnesses and other evidence and to suggest possible topics to be covered with witnesses during the complaint resolution process;
• For the complainant, not to be questioned or have evidence considered regarding the complainant’s prior sexual conduct with anyone other than the respondent, unless such questions or evidence are to prove that someone  other than the respondent committed the alleged Sex Discrimination;
• An equal opportunity to access the evidence that is relevant to the allegations of Sex Discrimination and not otherwise impermissible, as set forth in Section  XI.F.iii of the policy . Access to Relevant Evidence and Investigation Report;  
• The right to notification, in writing, of the resolution, including the outcome of any appeal;
• For the complainant, the right to report the incident to law enforcement at any time or to decline to do so;
• The right to be free from Retaliation as defined in this Policy;
• For the respondent, the right to not be subject to discipline for Sex Discrimination prior to the conclusion of a formal or informal resolution process as set forth in this Policy;
• The right to assistance of campus personnel (during and after the complaint process), in cooperation with the appropriate law enforcement authorities, in shielding the complainant or respondent, at their request, from unwanted contact with the complainant or respondent, including but not limited to a no-contact order issued by the University, transfer to alternative classes or to alternative University-owned housing (if alternative classes or housing are available and feasible), change in work location or schedule, or reassignment (if available and feasible); and to receive assistance with academic issues;
• The right to the assistance of campus authorities in preserving materials relevant to a campus complaint proceeding; and
• The right to be provided access to their description of the incident, as it was reported to the University, including if the individual transfers to another post-secondary institution, subject to compliance with FERPA, the Clery Act, Title IX, and other federal or state law. Requests for an individual’s description of the incident should be made to the Title IX Coordinator.

See the policy for details on additional rights for cases involving allegations of sexual assault, domestic violence, dating violence, and stalking

Members of the university community who believe they have been subject to criminal sexual misconduct by a stranger or by someone they know (or who believe that another crime has occurred) are strongly encouraged to notify Campus Safety on the Winona campus, Campus Security on the Twin Cities campus, and/or local law enforcement authorities immediately so that the alleged assailant can be apprehended if still in the area and so that law enforcement is able to gather evidence.  Time is a critical factor for evidence collection and preservation.

If Sexually Assaulted, You Should Get Care at a Hospital Emergency Room
Why should a victim of sexual assault get emergency care?

• to treat physical injuries,
• to obtain preventive treatment for sexually transmitted diseases,
• to get emotional support,
• to gather evidence,

Reports of criminal sexual misconduct may be filed with the appropriate police department. A report is a record of the sexual assault. The report may lead to an investigation by the police and contact with the offender.

Campus Safety on the Winona Campus and Campus Security on the Twin Cities Campus are available to assist a complainant who wants to make a report to law enforcement. If a student or employee wishes to make a report of sexual misconduct to the local police, the student or employee should contact Campus Safety (Winona Campus) or Campus Security (Twin Cities Campus).  Personnel in those offices will assist the student or employee in making contact with the local police.  Staff members are available to accompany the student or employee to meetings with the local police if the student or employee so desires.  In addition, Campus Safety on the Winona Campus, Campus Security on the Twin Cities Campus, or local law enforcement can ensure that the individual has access to appropriate medical treatment and tests, crisis counseling, information, and other support services.

Once a report is made, the authorities will immediately commence an investigation into the circumstances surrounding the sexual assault. The matter may be referred to the County Attorney’s Office for a determination on whether criminal charges should be filed. A statute of limitations exists for the criminal prosecution of most sexual assaults. Realistically, however, if too much of a delay occurs between the sexual assault and the report to the law enforcement authorities, information from the witnesses may be difficult to obtain and evidence may be destroyed.

The university is a member of the Winona County Sexual Assault Interagency Council.  As such, it follows the Winona County Adult Sexual Assault Response Protocol. Visit the Winona County Sexual Assault Interagency Council’s website for more information.

Law Enforcement Contact Information
Winona Law Enforcement Center
Non-emergency: 507-457-6302
Emergency: 911

City of Minneapolis Police Department
Non-emergency: 311
Emergency: 911

City of Rochester Police Department:
Non-emergency: 507-328-6800
Emergency: 911

Bystander Intervention is a social science model that predicts that most people are unlikely to help others in certain situations. A bystander is anyone who observes an emergency or a situation that looks like someone could use some help. They must then decide if they are comfortable stepping in and offering assistance.

Research has found that people tend to struggle with whether helping out is their responsibility and one of the major obstacles to intervention is something called diffusion of responsibility—which means that if several people are present, an individual is much less likely to step up and help out because he/she believes someone else will. Other major reasons that bystanders fail to intervene are that the situation is too ambiguous, that the bystander is worried about misjudging the situation and thus will be embarrassed by intervening, or that the bystander believes the victim is in some way responsible for the situation and is thus, getting what they deserve.

Saint Mary’s University Student-Athlete Advisory Committee “It’s On Us” video

“It’s On Us” website

Bystander pledge

Risk reduction tips can often take a victim-blaming tone, even unintentionally. Only those who commit sexual violence are responsible for those actions. The university offers the tips below with no intention to victim-blame, with recognition that these suggestions may nevertheless help you to reduce your risk of experiencing a non-consensual sexual act. Below, suggestions to avoid committing a non-consensual sexual act are also offered:

• If you have limits, make them known as early as possible.
• Tell a sexual aggressor “NO” clearly and firmly.
• Try to remove yourself from the physical presence of a sexual aggressor.
• Find someone nearby and ask for help.
• Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
• Take care of your friends and ask that they take care of you. A real friend will challenge you if you are about to make a mistake. Respect them when they do.

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:

• Understand and respect personal boundaries.
• DON’T MAKE ASSUMPTIONS about consent.
• Don’t take advantage of someone’s drunkenness or altered state, even if they willingly consumed alcohol or substances.
• Realize that your potential partner could feel intimidated or coerced by you.
• Silence, passivity, or non-responsiveness cannot be interpreted as an indication of consent.

• Approach everyone as a friend
• Do not be antagonistic
• Avoid using violence
• Be honest and direct whenever possible
• Recruit help if necessary
• Keep yourself safe
• If things get out of hand or become too serious, contact the police

Possible bystander interventions in a situation potentially involving sexual assault, relationship violence, stalking, or cyberstalking

• Step in and separate the two people. Let them know your concerns and reasons for intervening. Be a friend and let them know you are acting in their best interest. Make sure each person makes it home safely.
• Use a distraction to redirect the focus somewhere else: “Hey, I need to talk to you.” or “Hey, this party is lame. Let’s go somewhere else.”
• Evaluate the situation and people involved to determine your best move. You could directly intervene yourself, or alert friends of each person to come in and help. If the person reacts badly, try a different approach.
• Recruit the help of friends of both people to step in as a group.
• Divert the attention of one person away from the other person. Have someone standing by to redirect the other person’s focus. Commit a party foul (i.e. spilling your drink) if you need to.

Extreme jealousy
Jealousy is a sign of insecurity and lack of trust, but the abuser will say that it is a sign of love. The abuser will question the victim about who they talk to, accuse them of flirting, or be jealous of time spent with their friends, family, or children. The abuser may refuse to let the victim work or go to school for fear of meeting someone else. The abuser may call the victim frequently or drop by unexpectedly. The abuser may accuse the victim of flirting with someone else or having an affair.

Controlling behavior
One partner completely rules the relationship and makes the decisions. This includes “checking up” on the victim, timing a victim when they leave the house, checking the odometer on the car, questioning the victim about where they go. They may also check the victim’s cell phone for call history, their email or website history. The abuser may control the finances and tries to tell the victim how to dress, who to talk to, and where to go.

Quick involvement
The abuser comes on strong at the beginning of the relationship, pressuring for a commitment and claims “Love at first sight” or “You’re the only person I could ever talk to,” or “I never met anyone like you before.” Often, in the beginning of a relationship, the abuser is very charming and romantic and the love is intense.

Unrealistic expectations
Abusers expect their partners to meet all their needs and be “perfect.” They may say things like “If you love me, then I’m all you need.”

Isolation
The abuser tries to keep the victim from friends and family by putting down everyone the victim knows, including their family and friends. They may keep the victim from going to work or school.

Blames others for their problems and feelings
The abuser does not take responsibility for their problems, blaming others (usually the victim) for almost everything (“you made me mad”).

Hypersensitivity
An abuser is easily insulted and takes everything as a personal attack and blows things out of proportion.

Cruelty to animals or children
The abuser may punish animals brutally or be insensitive to their pain. They may have unfair expectations of children or tease them until they cry.

Verbal abuse
The abuser says cruel and harmful things to their victim, degrades them, curses at them, calls them names, or puts down their accomplishments. The abuser tells their victims they are stupid, and unable to function without them. They embarrass and put down the victim in front of others as well.

Dr. Jekyll and Mr. Hyde
The abuser experiences severe mood swings and the victim may think the abuser has a mental health problem. One minute they can be charming and sweet and the next minute they become angry and explosive. Explosiveness and moodiness are typical of people who beat their partners.

Past battering
The abuser has a history of past battering of partners and although they may admit to that, they say their previous partner provoked them to do it. A batterer will beat any partner they are with if the person is with them long enough for the violence to begin; situational circumstances do not cause a person to have an abusive relationship.

Threats of violence
This includes any threat or physical force meant to control the victim: “I’ll kill you,” “I’ll break your neck,” “If you ever leave, I’ll kill you.”

Breaking or striking objects
This behavior is used as a punishment (breaking treasured possessions), but is mostly used to terrorize the victim into submission. The abuser may break or strike objects near the victim to frighten them.

Any force during an argument
The abuser may hold the victim down, restrain them from leaving the room, may push, shove, or hold them against a wall.

Emergency Response
Campus Safety (Winona)
507-457-1703

Campus Safety (Twin Cities)
612-720-0417

City of Winona Police Department
911 or 507-457-6302

City of Minneapolis Police Department
11 or 311

City of Rochester Police Department
911 or 507-328-6800

Emergency Law Enforcement Response: 911 (from anywhere)

Medical Treatment
Winona Community Memorial Hospital
855 Mankato Avenue, Winona, MN 55987
507-454-3650 – Provides medical treatment and sexual assault forensic exams

Winona Health Urgent Care
859 Mankato Avenues, Winona, MN 55987
507-474-7830
Monday-Friday: 7 a.m.-8p.m.
Saturday-Sunday: 8 a.m.-5 p.m.

Gunderson Winona Urgent Care
1122 West Hwy 61, Winona, MN 55987
507-615-0600
Monday-Sunday: 9 a.m.-5 p.m.

Gundersen Onalaska Urgent Care 
3111 Gundersen Drive, Onalaska, WI 54650
608-755-8650
Monday-Friday: 7 a.m.-10 p.m.
Saturday-Sunday: 9 a.m.-5 p.m.

Gundersen La Crosse Urgent Care
1900 South Avenue, La Crosse, WI 54601
608-775-3128
Monday-Sunday: 7 a.m.-11 p.m.

Mayo Clinic – Franciscan Healthcare La Crosse Urgent Care
700 West Avenue South, La Crosse, WI 54601
608-392-7000
Monday-Sunday: 8 a.m.-8 p.m.

Mayo Clinic – Franciscan Healthcare Onalaska Urgent Care
191 Theatre Road, Onalaska, WI 54650
608-392-5000
Monday-Friday: 5-9 p.m.
Saturday-Sunday: 9 a.m.-5 p.m.

Hennepin Healthcare
730 South 8th Street, Minneapolis, MN 55415
612- 873-3000 – Provides medical treatment and sexual assault forensic exam

Mayo Clinic – St. Mary’s Hospital
1216 2nd Street SW, Rochester, MN 55902
507-255-5385 – Provides medical treatment and sexual assault forensic exam

Jay Johnson Wellness Center (Winona Campus)
700 Terrace Heights, 44 Mary’s, Winona, MN 55987
507-457-1492
Hours: By appointment. To request an appointment email: wellnesscenter@smumn.edu 

Counseling
Hiawatha Valley Mental Health Center
420 E. Sarnia Street, Winona, MN 55987
507-454-4341

First Call for Help 211 – Provides referral to local mental health agencies in times of crisis

Other Resources

The Advocacy Center of Winona
100 Latsch Square #201, Winona, MN 55987
507-452-4440, 507-452-4453 (24-hour hotline) – Provides information, referrals, and advocates for victims of sexual assault

Sexual Violence Center
2021 East Hennepin Avenue, Suite 418, Minneapolis, MN 55413
612-871-5111 – Provides information, referrals, and advocates for victims of sexual assault

Dodge, Filmore & Olmsted Counties Victim Services
151 4th St SE, Rochester MN 55904
507-328-7270 – Provides information, referrals, and advocates for victims of sexual assault

National Domestic Violence Hotline (NDV) 800-799-7233
(SAFE) 

Rape, Abuse and Incest National Network (RAINN)800-656-4673

Minnesota Coalition against Sexual Assault 651-209-9993

https://www.nsvrc.org/
Information for students, schools, and anyone interested in finding resources on how to respond to and prevent sexual assault

https://www.justice.gov/ovw/protecting-students-sexual-assault
Resources from the U.S. Department of Justice on sexual assault

https://rainn.org/get-information/links

Resources for rape, abuse, and incest survivors
http://www.nrcdv.org/

Resources of domestic violence
http://stepupprogram.org/

Bystander intervention resources
https://www.youtube.com/watch?v=fGoWLWS4-kU
Consent.  It’s as simple as tea

https://www.nsvrc.org/bystander-intervention-resources

National Sexual Violence Resource Center:  Bystander Intervention Resources

https://righttobe.org/guides/bystander-intervention-training/

The 5Ds of Bystander Intervention

Resources for victims/survivors of sexual violence.

How to support victims of sexual assault (PDF)

Minnesota Sexual Assault Data Report

Materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process:

http://www.trainedsolutions.com/portfolio-item/072820-tix-invsttrng/

http://www.trainedsolutions.com/portfolio-item/ohe-title-ix-trng/

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