Part 6. Investigation and Disciplinary Procedures
Subpart A. Immediate action
The College may, at any time during the report/complaint process, reassign or place on administrative leave an employee alleged to have violated College Policy 01.08.00 (Minnesota State Board Policy 1B.3), in accordance with the procedures in College Procedure 01.06.00.1 (Minnesota State System Procedure 1B.1.1). Such action must be consistent with the applicable collective bargaining agreement or personnel plan.
Employee reassignment or administrative leave
Under appropriate circumstances, the president or chancellor may, in consultation with system legal counsel and labor relations, reassign or place an employee on administrative leave at any point in time during the report/complaint process. In determining whether to place an employee on administrative leave or reassignment, consideration shall be given to the nature of the alleged behavior, the relationships between the parties, the context in which the alleged incidents occurred and other relevant factors. Any action taken must be consistent with the applicable collective bargaining agreement or personnel plan. Source: Minnesota State System Procedure 1B.1.1,
The College may summarily suspend or take other temporary measures against a student alleged to have committed a violation of College Policy 01.08.00 (Minnesota State Board Policy 1B.3), in accordance with College Procedure 01.06.00.01 (Minnesota State System Procedure 1B.1.1 or Board Policy 3.6).
In certain circumstances, a summary suspension may be imposed prior to an informal or formal proceedings. A summary suspension may be imposed only when the accused student's presence on the college or university campus would constitute a threat to the safety and well-being of members of the campus community. To the greatest extent possible before implementing the summary suspension, the accused student must be given oral or written notice of the intent to impose summary suspension and must be given an opportunity to present oral or written arguments against the imposition of the suspension. However, the refusal of a student to accept or acknowledge this notice must not prevent the implementation of a summary suspension. Notice of the summary suspension must be provided in writing to the student. After the student has been summarily suspended, the student must be provided an opportunity for an informal process or formal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days. During the summary suspension, the student may not enter the campus or participate in any college or university activities without obtaining prior permission from the administrator. Source: Minnesota State System Procedure 1B.1.1 or Board Policy 3.6,
Subpart B. General Principles
The College shall use College Procedure 01.06.00.1 (Minnesota State System Procedure 1B.1.1) Report/Complaint of Discrimination/Harassment Investigations and Resolution when investigating complaints of sexual violence. Procedures used in response to a complaint of sexual violence should avoid requiring complainants to follow any plan of action, to prevent the possibility of re-victimization.
College investigation and disciplinary procedures concerning allegations of sexual violence against employees or students must:
- Be respectful of the needs and rights of individuals involved and treat them with dignity
- Not suggest to the victim that the victim was at fault for the sexual assault or should have behaved differently to prevent the assault;
- Proceed as promptly as possible;
- 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, procedure or code has been violated.
The past sexual history of the complainant and respondent must be deemed irrelevant except as that history may directly relate to the incident being considered.
A respondent’s use of any drug, including alcohol, judged to be related to an offense may be considered to be an exacerbating rather than mitigating circumstance.
Subpart C. Relationship to parallel proceedings
In general, College and system office investigation and disciplinary procedures for allegations of sexual violence will proceed independent of any action taken in criminal or civil courts. The College need not, and in most cases should not, delay its proceedings while a parallel legal action is on-going. If the College is aware of a criminal proceeding involving the alleged incident, they may contact the prosecuting authority to coordinate when feasible. Criminal or civil court proceedings are not a substitute for College and system office procedures.
Subpart D. Memorandum of understanding with local law enforcement
Saint Paul College and local and county law enforcement agencies work as part of a sexual assault protocol team to facilitate effective cooperation and collaboration between the College and law enforcement.
Subpart E. False statements prohibited
The College, and the system office take allegations of sexual violence very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual violence or during the investigation of such a complaint or report may be subject to discipline or under certain circumstances, legal action. Complaints of conduct that are found not to violate policy are not assumed to be false.
Subpart F. Withdrawn complaint
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.
Subpart G. Discretion to pursue certain allegations
The College reserves discretion whether to pursue alleged violations of policy under appropriate circumstances, including, but not limited to, a determination that an effective investigation is not feasible because of the passage of time, or because the respondent is no longer a student or employee of the College.
Subpart H. Sanctions
Sanctions that may be imposed 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 student’s or employee’s previous disciplinary history, and other factors as appropriate.
Witnesses or victims who report in good faith an incident of sexual violence will not be sanctioned by the college for admitting in the report to a violation of the student conduct policy on the use of alcohol or drugs.
Subpart J. Retaliation prohibited
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.