University Student Handbook

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Sexual Harassment and Sexual Assault

This policy applies to sexual harassment and sexual assault perpetrated by students towards victims who are UJ students, faculty, staff members, or non-UJ third parties. Sexual harassment and sexual assault that is perpetrated against a student is addressed in the Title IX Policy found elsewhere in this handbook. Any student who believes they have been the subject of sexual harassment or have been a victim of sexual assault should follow the applicable procedures outlined in the Title IX Policy.

Any conduct issues that do not fall under Title IX may be addressed through the student conduct processes.

UJ policy defines sexual harassment, for purposes of this policy, as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or receipt of services, (2) submission to or rejection of such conduct by an individual is used as the basis for employment, educational advancement, or other decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or performance, or creating an intimidating, hostile, or offensive working or educational environment. Sexual harassment is considered a form of discrimination.

For purposes of this policy only, sexual assault is any sexual behavior between two or more people to which one person does not or cannot consent. In describing sexual assault for this policy, UJ relies upon North Dakota state law concerning sexual imposition which is much broader than the traditional concept of rape. UJ prohibits sexual acts or contacts with others which can involve compelling one to submit to sexual acts or contacts by force or threat of force, use of intoxicants to substantially impair one’s power to give consent, engaging in such acts when there is reasonable cause to believe one suffers from a mental state which renders him or her incapable of understanding the nature of the contact or where one is under 15 years of age. The abuse of alcohol or other substances does not relieve individuals of their responsibilities to themselves or others. Prohibited behavior includes all forcible and nonforcible sex offenses provided for under North Dakota state law.

Any person who, or entity which, engages in sexual harassment or sexual assault will be subject to discipline or debarment in accordance with the policies and procedures of this University.

Employees and students are encouraged to remind other employees and students of the policy of the University prohibiting sexual harassment and sexual assault and to report violations of this policy to their supervisor and/or the Affirmative Action Officer.

Investigation of allegations of sexual harassment and sexual assault will be undertaken immediately and conducted in an expeditious manner, assuring confidentiality consistent with the obligations of the University as follows:

  1. The Affirmative Action officer will conduct an investigation based upon a written complaint, or whenever the Affirmative Action Officer determines that circumstances warrant such an investigation.
  2. A person filing a complaint or asserting allegations of sexual harassment or sexual assault against another in good faith shall be afforded such protection as the committee believes to be warranted.
  3. A person who is alleged to have violated the Sexual Harassment and Sexual Assault Policy shall be given an opportunity to respond to any allegations, if the Affirmative Action Officer determines that there is reasonable cause to believe that a violation of the policy has occurred.
  4. If the Affirmative Action Officer determines that a violation of the policy has occurred it shall direct that immediate and appropriate corrective action be instituted which may include, but shall not be limited to, the institution of disciplinary proceedings as outlined in the Violations of Student Conduct portion of the handbook, the imposition of counseling, participation in educational activities or other requirements of the violator, and the provision of remedies, support counseling, or other measures for the victim.
  5. The policy that is to be followed falls under the University’s Discrimination and Harassment Policy.

Notice: Medical and counseling referrals that are available to complainants are also available to accused students and witnesses in regard to a discrimination/harassment complaint and/or report.