Definitions:
Sex discrimination is prohibited by state and federal law. Sex discrimination
is defined as conduct that is directed at an individual because of his/her gender or that of
his/her spouse and that subjects the individual to different treatment so as to interfere with
or limit the ability of the individual to participate in, or benefit from, the services, activities,
or privileges provided by Riverland Community College or otherwise adversely affects the
individual's employment or education.
Sexual harassment is a form of sex discrimination which is prohibited by state and federal
law. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors,
sexually motivated physical conduct, and other verbal or physical conduct of a sexual nature
when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, evaluation of a student's academic performance, or term or condition of participation in student activities or in other events or activities sanctioned by the college or university; or
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions or other decisions about participation in student activities or other events or activities sanctioned by the college or university; or
- Such conduct has the purpose or effect of threatening an individual's employment; interfering with an individual's work or academic performance; or creating an intimidating, hostile, or offensive work or educational environment.
Sexual harassment may occur in a variety of relationships, including faculty and student,
supervisor and employee, student to student, employee to employee, and other persons
having business with or visiting the educational environment. Sexual harassment may occur
when it is directed at members of the opposite gender or when it is directed at members of
the same gender. It includes, but is not limited to:
- Unwelcome pressure for sexual activity
- Unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact
- Physical contact may be appropriate, if necessary to restrain individuals to avoid physical harm to persons or property
- Demands for sexual favors or promises of preferential treatment with regard to an individual's employment or educational status accompanied by implied or overt threats concerning an individual's employment or educational status
- Unwelcome behavior or words of a sexual nature directed at an individual because of gender.
Sexual violence Acts of sexual violence are criminal behaviors and create an
environment contrary to the goals and missions of Riverland Community College. Acts of
sexual violence include:
- Forcible acts, which include non-consensual sexual contact, and/or sexual contact in which the victim is incapable of giving consent (such as when the complainant is under the influence of alcohol or drugs);
- Nonforcible sex acts such as incest and statutory rape; and
- The threat of an act of sexual violence.
Sexual violence may include, but is not limited to:
- Touching, patting, grabbing, or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex
- Coercing, forcing, or attempting to coerce or force the touching of anyone's intimate parts
- Coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another
- Threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.
Sexual harassment and violence as sexual abuse Under certain circumstances,
sexual harassment or violence may constitute sexual abuse according to Minnesota law. In
such situations, the system office and colleges and universities shall comply with the reporting
requirements in M.S. Section 626.556 (reporting of maltreatment of minors) and MS Section
626.557 (Vulnerable Adult Protection Act). Nothing in this policy will prohibit the system
office or any college or university from taking immediate action to protect victims of alleged
sexual abuse.
Consensual relationships. Board Policy 1B.1 Nondiscrimination in Employment and Education Opportunity prohibits consensual relationships between an employee and a student or another employee over whom he or she exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence, whether or not both parties appear to have consented to the relationship, except as noted.
Examples of prohibited consensual relationships include, but are not limited to:
- An employee and a student if the employee is in a position to evaluate or otherwise significantly influence the student?s education, employment, housing, participation in athletics, or any other college or university activity (employee includes, for example, graduate assistants, administrators, coaches, advisors, program directors, counselors and residence life staff);
- A faculty member and a student who is enrolled in the faculty member's course, who is an advisee of the faculty member, or whose academic work is supervised or evaluated by the faculty member; and
- A supervisor and an employee under the person?s supervision.
A faculty member or other employee is prohibited from undertaking a romantic or sexual relationship or permitting one to develop with a student or supervisee who is enrolled in the person's class or is subject to that person?s supervision or evaluation.
If a consensual, romantic or sexual relationship exists between an employee and another individual and subsequent events create a supervisor/supervisee, faculty/student or similar relationship between them, the person with evaluative or supervisory authority is required to report the relationship to his or her supervisor so that evaluative functions can be reassigned if possible.
This procedure does not cover consensual relationships between individuals that do not require one to exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence over the other.
This prohibition does not limit the right of an employee to make a recommendation on personnel matters concerning a person with whom they have a consensual relationship where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or compensation plan.
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