Printed on: 08/19/2018. Please go to http://policy.umn.edu for the most current version of the Policy or related document.

FREQUENTLY ASKED QUESTIONS

Investigations and Accommodations

Questions about Resources for Personal Support

    1. Who can I call for help? Are there any confidential resources available to me? 

      Complainants

      The resources listed below offer free and confidential services for complainants, including advocacy, counseling, emotional support and/or guidance through law enforcement and University reporting processes. These resources are available to complainants regardless of whether they choose to report sexual harassment, sexual assault, stalking, relationship violence or related retaliation (collectively, “prohibited conduct”) to law enforcement or the campus Title IX office. Some of these resources are available to students and employees and others might only be available to students or only to employees.

      CampusContactPhone
      Crookston Polk County Coordinated Victim Services 218-281-1554
      1-800-524-1993
      UMC Counseling Center 218-281-8571
      218-281-8348
      Student Health 218-281-8512
      Duluth Women’s Resource and Action Center (WRAC) 218-726-6292
      Program for Aid to Victims of Sexual Assault (PAVSA) 218-726-1931
      Health Services 218-726-7913
      Counseling Services 218-726-8155
      Morris Someplace Safe (providing crime victim advocacy) 800-974-3359
      Student Counseling 320-589-6060
      Rochester Crisis Hotline 507-269-4511
      Student Counseling Services 507-258-8017
      Student Health Services 507-292-7250
      Twin Cities The Aurora Center 24 Hour Helpline: 612-626-9111
      Office Line: 612-626-2929
      Boynton Mental Health Office line: 612-625-8400
      24 hr counselors: 612-301-4673
      Student Counseling Services 612-624-3323

      The University’s Employee Assistance Program (EAP) is available to benefits-eligible employees on all system campuses. EAP provides confidential professional consultation and referral services to address any personal or work concern that may be affecting one’s wellbeing. EAP can be reached at 612-625-2820, 1-888-243-5744 or eap@umn.edu.

      Respondents

      The following resources offer free and confidential services for respondents. Some of these resources are available to students and employees and others might only be available to students or only to employees. If you would to like to speak with someone confidentially, you may contact:

      CampusContactPhone
      Crookston UMC Counseling Center 218-281-8571
      218-281-8348
      Duluth Health Services 218-726-7913
      Counseling Services 218-726-8155
      Morris Student Counseling 320-589-6060
      Rochester Student Health Services 507-292-7250
      Student Counseling Services 507-258-8017
      Twin Cities Boynton Mental Health Office line: 612-625-8400
      24 hour counselors: 612-301-4673
      Student Counseling Services 612-624-3323

      The University’s Employee Assistance Program (EAP) is available to benefits-eligible employees on all system campuses. EAP provides confidential professional consultation and referral services to address any personal or work concern that may be affecting one’s wellbeing. EAP can be reached at 612-625-2820, 1-888-243-5744 or eap@umn.edu.

Questions about Accommodations

      1. Can the University provide me with any accommodations or protective measures? What about my housing situation and my classes?

        Yes.  All parties can request accommodations and protective measures from the University that are designed to promote their safety, well-being and continued access to employment and educational programs and activities.  Possible accommodations include, but are not limited to: residence modifications, academic modifications, work schedule or location modifications, and support and counseling.  For example, you can request to change your living situation or to reschedule an exam or assignment.

        All parties can request these accommodations and protective measures by contacting the campus Title IX office, the campus personal support resources (for complainants) or by contacting the departments or individuals with the ability to provide the requested accommodations, such as the campus housing and residential life office, the appropriate faculty member, or a supervisor.[1]

        Complainants can request and receive accommodations even if they choose not to initiate an investigation.

      2. I am a complainant. How do I get a Personal Protection Order?

        Advocates at the various campus personal support resources for complainants can assist you in completing an application for Personal Protection Orders and with other safety planning.

Questions Related to Initiating a University Investigation

      1. Do I have to initiate a University investigation if I have experienced prohibited conduct?

        No, you do not need to initiate an investigation if you have experienced prohibited conduct. 

      2. Is there a time limit for initiating an investigation?

        No.  There is no time limit for initiating an investigation.  However, the University is limited in the responsive action it can take once a respondent is no longer a University member.  Moreover, the amount of evidence that the campus Title IX office or its designee is able to gather about the prohibited conduct incident may decrease as time passes.  In some cases, the University may be unable to effectively investigate due to the passage of time and unavailability of evidence.

      3. Is it possible for a complainant to remain anonymous during an investigation?

        In most cases, no.  The University’s commitment to procedural fairness typically requires that a respondent be provided with the complainant’s name.  However, the campus Title IX office or its designee will determine if a request for anonymity can be honored on a case-by-case basis.

      4. I am not affiliated with the University. Can I initiate an investigation against a University member?

        Yes, if the alleged prohibited conduct occurred on University property, in the context of a University employment or education program or activity, or if the allegation indicates that the respondent may present a danger or threat to the health or safety of University members.  The campus Title IX office will consider the following factors, among others, in determining whether an allegation indicates that the respondent may present a danger or threat to the health or safety of University members:  the nature and severity of the alleged conduct, whether the respondent is alleged to have used a weapon while committing prohibited conduct; whether the respondent is alleged to have used force while committing prohibited conduct; and whether the respondent has been alleged or found to have committed sexual assault, relationship violence or stalking against multiple complainants.

      5. Can I report prohibited conduct to the campus Title IX office if the respondent is not a University member?

        Yes.  Although the University may not be able to investigate the incident and hold the respondent accountable, the campus Title IX office may be able to assist you in other ways, including providing information about the resources and support services available to you, helping you file a complaint with the respondent’s institution or taking other appropriate steps to protect the University community. 

      6. If I do not want the University to investigate, does that mean nothing will happen?

        Not necessarily.  Even when a complainant does not initiate an investigation, the University may take action.  Depending on the particular situation, such action might include:

        • providing academic, housing or employment accommodations;
        • providing training or education;
        • making campus or facility safety improvements;
        • reviewing policies or procedures with employees; or
        • an investigation, in limited cases where the University is obligated to investigate even without the complainant’s assent.

        This is not an exhaustive list.

Questions Related to a University Investigation Process

      1. Who can explain the investigation process to me?

        The campus Title IX office can explain the investigation process to you.  You can ask the campus Title IX office about the investigation process without sharing any information about your experience.  You can also contact the various campus personal support resources for assistance.

      2. Are there resources on campus that can support me through the investigation process?

        Yes.

        If you are a complainant, the various campus personal support resources can provide support and advocacy for you during the investigation process, and an advocate from the various campus personal support resources for complainants may accompany you to any campus Title IX office meetings.

        If you are an employee respondent, you can contact your union representative (if applicable) and/or human resources to find out whether there are resources available to assist you.

        If you are a student respondent, you can contact the following offices to determine what resources are available to assist you through the investigation process:

        CampusContactPhoneEmail
        Crookston Title IX Coordinator 218-281-8505 samue026@crk.umn.edu
        Duluth Student Life 218-726-8501 vcsl@d.umn.edu
        Morris Student Affairs 320-589-6013 ummvcsa@morris.umn.edu
        Rochester Title IX Coordinator 507-258-8106 jthorn@r.umn.edu
        Twin Cities Student Conflict Resolution Center 612-624-7272 sos@umn.edu
      3. Can I bring someone to the campus Title IX office meeting?

        Yes.

        In student respondent cases, complainants and respondents may have up to two advisors of their choice present during the meeting.  Advisors may be an attorney, union representative (if applicable), advocate, support person, or other individual, so long as the advisor is not a fact witness.

        If the case involves an employee or third party respondent in a sexual assault, stalking or relationship violence matter, complainants and respondents may have an attorney, union representative (if applicable), advocate, support person or another advisor present during the meeting, so long as the advisor is not a fact witness. 

        If the case involves an employee or third party respondent in a sexual harassment or retaliation matter, complainants and respondents may have an attorney, victim’s advocate or union representative (if applicable) present during the meeting.

      4. Should I hire an attorney?

        The decision to hire an attorney is a personal one that should be made in consultation with trusted individuals who can help you weigh your options.  For more information about how an advisor, such as an attorney, may assist you through this process, please see Appendix D.

      5. I was accused of prohibited conduct and the campus Title IX office is investigating. Will I have the opportunity to tell my side of what happened?

        Yes.  The campus Title IX office or its designee will contact you to arrange a meeting and provide you with information about the investigative and applicable adjudicative processes.  During the meeting, the campus Title IX office or its designee will share the details of the allegations made against you and offer you the opportunity to provide information about these allegations.  The campus Title IX office or its designee will ask you to identify other individuals who might have relevant information and to provide any other relevant evidence, such as text messages, videos, pictures, voicemails and other electronic communications or posts.

      6. I was accused of prohibited conduct and the campus Title IX office is investigating. Am I required to participate in the campus Title IX office investigation?

        Respondents are only required to meet with the campus Title IX office to hear the detailed allegations and learn about the prohibited conduct investigative and adjudicative processes.  Respondents are not required to respond to the allegations or provide other information to the campus Title IX office.  However, if a respondent does not provide information, the investigation will proceed based on the information available to the campus Title IX office from other sources.

      7. Will the campus Title IX office interview all witnesses that a complainant or respondent identifies?

        The campus Title IX office or its designee will interview witnesses who are identified as having relevant information relating to the allegations.  The campus Title IX office or its designee retains the discretion to determine which potential witnesses fall into this category.  Generally, the campus Title IX office or its designee will not consider general information about a complainant’s or respondent’s character to fall into the category of relevant information, as this information has very low probative value and can be highly prejudicial.

      8. I am a student. Will my parents find out about an investigation that involves me?

        The University does not contact your parents when you initiate an investigation or when an investigation is initiated against you.  If you are under eighteen, however, and have disclosed prohibited conduct, the University may be obligated to contact your parents or legal guardians.

      9. If during a campus Title IX investigation, I disclose that I was using alcohol or drugs, will I get in trouble?

        No.  In an investigation, the campus Title IX office will focus the investigation on the alleged prohibited conduct (sexual harassment, sexual assault, stalking, relationship violence or related retaliation).  The University will not investigate whether the complainant, the respondent or any witness violated the student conduct code or other University policy related to drug or alcohol consumption.  However, this amnesty provision does not apply to a person who has given another person alcohol or drugs without their knowledge and with the intent of causing them to become incapacitated.

      10. I am a complainant. Will the campus Title IX office access my medical information, such as the results of my sexual assault evidentiary examination, during the course of the investigation?

        If this information is relevant to the investigation, the campus Title IX office will ask the complainant to provide the information.  Complainants may then decide to whether to provide this information to the campus Title IX office.

      11. May information disclosed in the context of a request for an order for protection be used as evidence in a campus Title IX disciplinary process?

        Yes.  Testimony and other evidence provided in a hearing or documents related to a request for an order for protection may be used as evidence in a campus Title IX investigation and adjudication process.

      12. Who has the burden of proof to find a policy violation?

        When investigating a prohibited conduct report, the campus Title IX office or is designee will gather relevant information to determine whether the University’s policies have been violated using the preponderance of the evidence standard.   In other words, the campus Title IX office or is designee will find a policy violation if it is more likely than not that conduct occurred in violation of University policy.   Neither the respondent nor complainant has the burden to prove that prohibited conduct occurred or did not occur.  The campus Title IX office or is designee will seek relevant information from the complainant, respondent and others as appropriate, but the burden to make the initial determination whether a policy violation has occurred rests with the campus Title IX office or its designee. 

Questions about Interim Actions During a University Investigation

      1. I am a student. Can the University move me from my class or residence hall room before an investigation concludes?

        The University may move you to another class and/or to another residence hall during a prohibited conduct investigation.  Under limited circumstances, the University may suspend respondents or limit their access to certain University buildings during a prohibited conduct investigation.  Every effort is made to provide interim accommodations or protective measures in a way that minimizes the burden on the individuals involved.

      2. I am an employee. Can the University move me from my position before an investigation concludes?

        Yes.  In some cases, the University may suspend or reassign an employee during a prohibited conduct investigation.  Every effort is made to provide interim accommodations and protective measures in a way that minimizes the burden on the individuals involved.

Questions about Reports to the Police

      1. Can I file a police report if I have reported prohibited conduct to the campus Title IX office?

        Yes.  If you have experienced prohibited conduct, you are encouraged to file a police report.  However, whether to file a police report is your choice.  The campus Title IX office investigation is separate from a police investigation.

      2. Do I have to file a police report if I have experienced prohibited conduct?

        No.  If you have experienced prohibited conduct, you are encouraged to file a police report.  However, whether to file a police report is your choice.  You can initiate an investigation at the University without having to file a police report.

[1] On the Twin Cities campus, The Aurora Center is also available to assist complainants in requesting and obtaining accommodations and protective measures. The Student Conflict Resolution Center is also available to assist respondents in requesting and obtaining accommodations and protective measures.

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