Policy 1.5.2 – Gender-Based Discrimination and Sexual Misconduct Policy

 Policy Statement

Members of the Lake Superior State University campus community are entitled to an educational and working environment free of all forms of gender-based discrimination and sexual misconduct. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. When an allegation of prohibited conduct, as later defined, is brought to an appropriate responsible employee’s attention and a responding party is found to have violated this policy, sanctions will be used to reasonably make sure similar actions do not occur in the future.

 This policy applies to all Lake Superior State University students, faculty, staff, administrators, board members, consultants, vendors, others engaged to do business with the University, guests and visitors (collectively or individually referred to as “covered individuals,” as defined in the policy). The policy also applies to other third parties under circumstances within the University’s control.

 This policy is intended to define community expectations, to establish a process for determining when those expectations have been violated, and to set guidelines for follow up and action, as appropriate. The University is committed to providing safe opportunities for concerns to be reported, appropriately investigated, the taking of appropriate action to end prohibited conduct, to educate and increase awareness in order to prevent the re-occurrence of prohibited conduct, and to remedy the impact on the campus community.

 Summary of Policy

The University has obligations under Title IX, a federal law that prohibits gender-based discrimination in education. The law requires that sexual misconduct must be reported and investigated and that follow up action be taken. The full policy language provides greater detail.

 Gender-based discrimination includes sexual misconduct. Sexual misconduct includes non-consensual sexual contact with others.

 Consent is given when each person in a sexual situation articulates an affirmative decision to engage in sexual activity. Consent is not body language or dress: The way a person dresses or looks is not consent. Consent is not silence: If a person does not verbally say “no” it does not mean they are saying “yes” – only “yes” means “yes.” Consent is not a dating relationship or previous sexual activity; a current or prior relationship does not constitute consent. Consent to one behavior does not mean consent has been given to other behaviors. Consent cannot be given by a person who is incapacitated or unconscious, asleep or under the age of sixteen (16). Consent cannot be given under threat or coercion. Consent is only a conscious, articulated, affirmative decision.

 Compliance with the law states that employees, faculty and staff, have a duty to report sexual misconduct. If you know, or reasonably should know, of sexual misconduct you are expected to report it, since the University has an obligation to promptly investigate and take appropriate action. When reports are made the University is able to provide assistance to individuals affected by sexual misconduct and also helps ensure the safety of the campus community.

 Reports should be made to the Title IX Coordinator at 906-635-2213. Reports may also be made to Public Safety, Student Life, the Provost’s Office, your immediate supervisor or a faculty member. As responsible employees, with a duty to report, these individuals or offices will forward reports to the Title IX Coordinator.

The full policy is available at the link below:

Policy-1.5.2-Sex-and-Gender-Based-Discrimination-and-Sexual-Misconduct-Policy.pdf

Policy 1.5.3 – Discrimination and Prohibited Conduct Investigation Process.

 Policy Statement

Lake Superior State University campus is committed to providing an educational and working environment free of all forms of discrimination and harassment. This policy defines the process the University will follow to determine whether policy violations have occurred regarding allegations and reports of discrimination, harassment, sexual misconduct and other forms of prohibited conduct. The University is committed to providing opportunities for concerns to be reported in a safe manner, to assess and investigate concerns, and, when necessary, to impose sanctions and/or remedies.

 All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. When an allegation of misconduct is brought to an appropriate responsible employee’s attention and a responding party is found to have violated this policy, sanctions may be used to reasonably make sure similar actions do not occur in the future.

The full policy is available at the link below:

LSSU Policy 1.5.3 Discrimination and Prohibited Conduct Investigation Policy August 2018