Title IX is a federal civil rights law that states:
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.
The Department of Education’s regulation implementing Title IX also specifically prohibits discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. The Title IX regulation also prohibits a school from applying any rule related to a student’s parental, family, or marital status that treats students differently based on their sex.
The Title IX Coordinator is responsible for the college’s compliance with Title IX and for responding to complaints of discrimination and harassment based on sex. Additional responsibilities include the prevention of discrimination and harassment based on sex through campus climate assessments and the development and implementation of training, education, communications, and administration of grievance procedures for faculty, staff, students, and other members of the college community.
Sexual Violence and Title IX
Sexual Violence
Sexual violence is a continuum of behaviors that includes sexual assault, non-forcible sex acts, dating and relationship violence, stalking, as well as aiding acts of sexual violence. Sexual violence is an intolerable intrusion into the most personal and private rights of an individual and is prohibited at Rochester Community and Technical College (RCTC). We are committed to eliminating sexual violence in all forms and will take appropriate remedial action against any individual found responsible for acts in violation of our policy.
Affirmative Consent
Affirmative Consent is required under Minnesota State Board Policy 1B.3 and states that, “Consent is informed, freely given, and mutually understood willingness to participate in sexual activity that is expressed by clear, unambiguous, and affirmative words or actions. It is the responsibility of the person who wants to engage in sexual activity to ensure that the other person has consented to engage in the sexual activity. Consent must be present throughout the entire sexual activity and can be revoked at any time. If coercion, intimidation, threats, and/or physical force are used, there is no consent. If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. A lack of protest, absence of resistance, or silence alone does not constitute consent, and past consent to sexual activities does not imply ongoing future consent. The existence of a dating relationship between the people involved or the existence of a past sexual relationship does not prove the presence of, or otherwise provide the basis for, an assumption of consent. Whether the respondent has taken advantage of a position of influence over the complainant may be a factor in determining consent.”
Reports of sexual violence can be made to RCTC by completing the Sexual Violence Reporting Form. Complainants of sexual violence and sexual harassment (as defined by Title IX) may report incidents at any time but are strongly encouraged to make timely reports.
The decision to report sexual violence can be difficult and individuals may choose to first report to a confidential resource on campus. Additionally, individuals who would like assistance in completing a campus report and/or contacting local law enforcement can contact a required reporter on campus.
Olmsted County Victim Services
Victim Services is a trusted resource for education, prevention, and empowerment of individuals, families, and communities impacted by crime. Victim advocates are a resource for support, information, and referrals for all victims of sexual assault, sexual violence, and general crime. Advocates are specially trained staff, supporting and educating those affected by crime
Women's Shelter Inc.
Women's Shelter Inc. provides outreach, advocacy, and housing to battered women and their children. Our advocates are passionate about helping families in need by assisting them every step of the way.
The mission of Women's Shelter Inc. is to assist female victims of domestic violence and their children by establishing and maintaining a facility that will provide temporary shelter to these victims.
Sexual Violence Prevention Training (SVPT) is a required prevention program for all Minnesota State college and university students and complies with state and federal mandates. Students learn more information about personal violence including sexual assault, rape, dating and relationship violence, stalking, and sexual harassment. Additionally, students learn about consent, rights, and responsibilities as a student including the Sexual Violence Policy, where to report an incident of sexual violence on campus, and the College and community support services and resources available for victims of personal violence. This information is vital for making RCTC a safe environment for everyone.
Response to Complaints of Sexual Violence and Discrimination and Harassment
Policies and Procedures
The following policies and procedures guide the College’s response to complaints of discrimination and/or harassment of an individual that identifies as a protected class or allegations regarding sexual violence. Complaints may also be resolved under the Code of Student Conduct or Respectful Workplace procedure.
More information coming soon. Please email titleix@rctc.edu with questions.
Investigators
More information coming soon. Please email titleix@rctc.edu with questions.
Decision Makers
Teresa Brown, Ph.D.
Vice President for Student Affairs
Appeals
More information coming soon. Please email titleix@rctc.edu with questions.
Title IX Completed Trainings
Beginning Friday, August 14, 2020, 34 C.F.R. § 106.45(b)(10)(i)(D) requires an institution to make materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process publicly available on its website. The following is information complying with this regulation.
Minnesota State Colleges and Universities
3 Sexual Violence Investigator / 1B.1 Investigator Training
The Equity in Athletics Disclosure Act requires post-secondary institutions that receive federal funding and have an intercollegiate athletic program to prepare and submit an annual report on athletic participation, staffing, and revenues and expenses, by men’s and women’s teams to the U.S. Department of Education. The information in the individual report assists the Department of Education in preparing its required report to Congress on gender equity in intercollegiate athletics.
Title IX prohibits discrimination and harassment based on pregnancy or related conditions including childbirth, breastfeeding, false pregnancy, miscarriage, termination of pregnancy, or recovery from any of these conditions. RCTC will provide access to reasonable accommodations and services available to other students with temporary medical conditions including but not limited to:
Excused absences as determined medically necessary by a medical provider
A reasonable amount of time to complete missed coursework
Equal access and ability to participate in educational programs including academic programs, courses/class sections, involvement opportunities, lab and clinical work, internships, financial aid, and scholarships, etc.
Minnesota Stat 145.905 allows women to breastfeed in any public or private location where the mother and child are authorized to be. A student who needs to leave class to breastfeed or pump should receive an excused absence. Students are encouraged to speak with the Title IX Coordinator or course instructor about specific requests to miss class to pump or breastfeed.
Students needing pregnancy-related accommodations can seek assistance from the Title IX Coordinator at 507-285-7217 or titleix@rctc.edu
Title IX and Gender Discrimination and Harassment
Gender is a protected class under Title IX of the Educational Amendments. This class encompasses discrimination based on a student’s gender identity, including discrimination based on a student’s transgender identity. RCTC is committed to not excluding, separating, denying benefits to, or otherwise treating individuals differently based on gender or sex.
It is important for RCTC to create a safe, comfortable, and inclusive environment. This aspiration drives allowing students to participate consistent with their gender identity. This includes student records (including a preferred name procedure), all-gender restrooms, and activities.
Teresa Brown, Ph.D.
