Augsburg University strives to maintain a University community free of sexual misconduct and is committed to addressing sexual misconduct in all its forms. The University works to create and maintain a positive learning, working, and living environment in which community members are aware of and respect the rights of others and in which community members take responsibility for their actions. To that end, the University prohibits sexual misconduct and will take steps to prevent its recurrence and to correct its effects.
What is Sexual Misconduct?
Sexual misconduct is a broad term that includes various types of misconduct, including but not limited to sexual assault, domestic violence, dating violence, stalking, and sexual exploitation. Click here for the University’s Sexual Misconduct Policy.
Use the button on the following heading to expand content on Sexual Assault
Sexual Assault is any actual or attempted sexual contact, including penetration and contact with any object, with another person without that person’s consent. Sexual contact includes intentional contact by the accused with the victim’s genital area, groin, inner thigh, buttocks, or breasts, whether clothed or unclothed; touching another with any of these body parts, whether clothed or unclothed; coerced touching by the victim of another’s genital area, groin, inner thigh, buttocks, or breasts, whether clothed or unclothed; or forcing another to touch oneself with or on any of these body parts. Sexual Assault includes but is not limited to an offense that meets any of the following definitions:
Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object, oral penetration by a sex organ of another person, or oral contact with the sex organ of another person, without the consent of the victim.
Fondling: the touching of the intimate parts (including the genital area, groin, inner thigh, buttocks, or breast) of another person for the purpose of sexual gratification, without the consent of the victim.
Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory rape: sexual intercourse with a person who is under the statutory age of consent; in Minnesota, the age of consent is 16.
Use the button on the following heading to expand content on Domestic Violence
Domestic Violence includes a felony or misdemeanor crime committed by a person who (a) is a current or former spouse or intimate partner of the victim under the Minnesota family or domestic violence laws (or if the crime occurred outside of Minnesota, the jurisdiction in which the crime occurred), or a person similarly situated to a spouse of the victim, (b) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner, (c) shares a child in common with the victim, or (d) commits acts against a victim who is protected from those acts under the Minnesota family or domestic laws.
While not exhaustive, the following are examples of conduct that can constitute Domestic Violence when committed by a current or former spouse or intimate partner of the victim or a person similarly situated to a spouse of the victim: (1) physical harm, bodily injury or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats, criminal sexual conduct, or interference with an emergency call.
For purposes of this Domestic Violence definition, consent will not be a defense to a complaint of physical abuse.
Use the button on the following heading to expand content on Dating Violence
Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined with consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. Dating Violence includes, but is not limited to, sexual or physical abuse, such as physical harm, bodily injury, or criminal assault, or the threat of such abuse. For purposes of this Dating Violence definition, consent will not be a defense to a complaint of physical abuse. Dating Violence does not include acts covered under the definition of Domestic Violence.
Use the button on the following heading to expand content on Stalking
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for their safety or the safety of others; or (2) suffer substantial emotional distress.
Stalking behavior may include, but is not limited to:
Repeated, unwanted and intrusive communications by phone, mail, text message, and/or email or other electronic communications, including social media;
Repeatedly leaving or sending the victim unwanted items, presents, or flowers;
Following or lying in wait for the victim at places such as home, school, work, or recreational facilities;
Making direct or indirect threats to harm the victim, or the victim’s children, relatives, friends, or pets;
Damaging or threatening to damage the victim’s property;
Repeatedly posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth, that would cause a person to feel threatened or intimidated; or
Unreasonably obtaining personal information about the victim.
For the purposes of this Stalking definition, not all communication about a person will be considered to be directed at that person. Some instances of Stalking may not be on the basis of sex. Stalking is prohibited regardless of whether it is based on sex.
Use the button on the following heading to expand content on Sexual Exploitation
Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another person for the benefit of anyone other than the one being exploited. Examples of Sexual Exploitation may include, but are not limited to:
Intentional and repeated invasion of sexual privacy without consent (e.g., walking into the other person’s room or private space without consent);
Prostituting another person;
Taking of or distribution of photographs/images, video or audio recording, or electronically broadcasting (e.g., with a webcam) a sexual activity without consent;
Intentional removal or attempted removal of clothing that exposes an individual’s bra, underwear, genitals, buttocks, or breasts, or that is otherwise sexual in nature, without consent;
Intentionally allowing others to view/hear a sexual encounter (such as letting individuals hide in the closet or watch consensual sex) without consent;
Viewing or permitting someone else to view another’s sexual activity or intimate body parts, in a place where that person would have a reasonable expectation of privacy, without consent;
Engaging in voyeurism without consent;
Exposing one’s genitals, buttocks, or breasts in non-consensual circumstances;
Inducing another to expose their genitals, buttocks, or breasts in non-consensual circumstances;
Knowingly transmitting a sexually transmitted disease or sexually transmitted infection to another person without their knowledge and consent;
Ejaculating on another person without consent;
Distributing or displaying pornography to another in non-consensual or unwelcomed circumstances.
Victim’s Rights and Resources
The Department of Public Safety is available to assist you in contacting law enforcement (if you wish to do so) and/or emergency medical services as well as other University resources listed below. The Department of Public Safety is also available to provide transportation for medical care. Victims of sexual misconduct can choose whether they wish to contact law enforcement and to have the University’s assistance in contacting law enforcement. The University will contact law enforcement if there is a threat to the campus community, there is an ongoing threat to you, you have a life threatening injury, or you are incapacitated.
Use the button on the following heading to expand content on Victim's Rights
Pursuant to state law, victims of crime must be informed of their rights under the Crime Victims Bill of Rights. The following is a summary of crime victims’ rights under Minnesota law.
When a crime is reported to law enforcement, victims have the right to:
Request that their identity be kept private in reports available to the public;
Be notified of crime victim rights and information on the nearest crime victim assistance program or resource;
Apply for financial assistance for non-property losses related to a crime;
Participate in prosecution of the case, including the right to be informed of a prosecutor’s decision to decline prosecution or dismiss their case;
Protection from harm, including information about seeking a protective or harassment order at no cost;
Protection against employer retaliation for taking time off to attend protection or harassment restraining order proceedings; and
Assistance from the Crime Victims Reparations Board and the Commissioner of Public Safety.
Victims of domestic abuse also have the right to terminate a lease without penalty. Victims of Sexual Assault have the right to undergo a confidential Sexual Assault examination at no cost, make a confidential request for HIV testing of a convicted felon, and are not required to undergo a polygraph examination in order for an investigation or prosecution to proceed. In cases of domestic abuse and violent crime where an arrest has been made, victims also have the right to be provided notice of the release of the offender, including information on the release conditions and supervising agency.
Information about victims’ rights is also available from the Title IX Coordinator or from the Minnesota Department of Public Safety, Office of Justice Programs, and in Minnesota Statutes Chapter 611A.
Use the button on the following heading to expand content on Augsburg Resources