Title IX

• 651-641-8278
• Office on the 1st Floor of Meyer Hall
• Director of Safety and Security: 651-641-8717
• Security Office

*Note: Our Security Department is independent of the police. Police reports are encouraged; however, reports are not required for information and referral assistance.

• Rev. Thomas Gundermann, CSP Pastor: 651-641-8213

• Dee Ann Kerr – Title IX Coordinator – 651-641-8794, [email protected]
• Allison Meadows – Athletics – Deputy Coordinator – 651-603-6205
• Jason Rahn – Student Life – Deputy Coordinator – 651-641-8706
• Cassidy Leininger – Human Resources – Deputy Coordinator – 651-641-8721

Jason Rahn, Associate VP for Student Life & Retention: 651-641-8706

• Gwynneth Thompson, Director of Counseling & Student Accessibility Services: 651-641-8462
• Lyndsay Villerius, Student Accessibility Services Coordinator: 651-641-8272
• Rev. Thomas Gundermann, CSP Pastor: 651-641-8213
• Anna Gruen, CSP Ministry Associate: 651-641-8272

Required Reporters are University employees who are authorized to institute corrective measures on behalf of Concordia University, St. Paul related to sexual misconduct prohibited in the Sexual Misconduct policy. Positions considered to be “Required Reporters” are identified as follows:

1. Title IX Coordinator
2. Director of HR Operations
3. Associate Vice-President for Student Life
4. Housing Officers including Graduate Assistants for University Housing
5. Security Director and Officers
6. President
7. Vice-Presidents
8. College Deans
9. Athletic Director and Coaches;

All Required Reporters must promptly report any information regarding a potential report of sexual misconduct in violation of this policy to the University’s Title IX Coordinator.

• US Department of Health and Human Services – Title IX
• Minnesota Department of Health
• Sexual Offense Services (SOS)

• Sexual Offense Services (SOS): 651-266-1000
• Sexual Violence Center: 612-871-5111
• Rape & Sexual Abuse Center (for Male and Female Surivors): 612-825-4357
• CLUES (Latino Community): 612-746-3537
• Crisis Connection: 612-379-6363 or 612-379-6367 (24-hr Men’s hotline)

St. Paul Police:

• General: 651-291-1111
• Family & Sexual Violence Unit: 651-266-5685
• Ramsey County Sheriff: 651-266-9330

Regions
651-254-5000 (ER)
640 Jackson St
St. Paul, MN 55101

United
651-220-8755 (ER)
280 North Smith Ave
St. Paul, MN 55102

St. Joseph
651-232-3348 (ER)
45 West 10th St
St. Paul, MN 55102

Sexual Assault includes any unwanted sexual contact between a victim and an offender. This contact may or may not include force. Examples are verbal threats, grabbing and fondling. Both women and men, of any age, can become victims of sexual assault.

An act of sexual assault may be committed by a stranger or an acquaintance. In either case, we encourage you to take immediate action. This was not your fault. Your first thought should be to take care of yourself.

“Advisor” means a person selected by the Complainant or Respondent, or appointed by Concordia University, St. Paul, who may be present during the Formal Complaint Resolution Process and meetings related thereto. An Advisor may be an attorney.

“Alternative Resolution Process” is the process outlined herein for resolving a Formal Complaint with the voluntary written consent of both the Complainant and Respondent and consistent with the other conditions and procedures set out in the Resolution Process.

“Appellate Officer” means the individual designated by Concordia University, St. Paul to decide Appeals.

“Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.

“Coercion” is conduct, including intimidation and express or implied threats of physical, emotional, or other harm, that is employed to compel someone to engage in sexual activity and may be either physical or verbal.  Consent may not be obtained through Coercion.

“Confidential Resource Persons” are campus members who provide confidential assistance and support to individuals who have experienced or witnessed an event that falls under the University’s definition of Sexual Misconduct Prohibited.  Confidential Resource Persons are not required to notify the Title IX Coordinator or law enforcement about alleged sexual misconduct unless the allegations involve the physical or sexual abuse of a child or a vulnerable adult or there is imminent danger to the life of any person.  Confidential Resource Persons may be available off campus through community resources or via agreement with a contracted partner agency of the University.  The Confidential Resource Persons available at Concordia University, St. Paul include members of the campus ministry team and Student Counseling Services employees.

“Consent” is knowing, voluntary and clear permission, by word or action, to engage in mutually agreed upon sexual activity by a party of legal age to provide consent per state law.  Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain the other has consented before engaging in the activity.  For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.  A current or previous relationship is not an indication of consent nor is silence or failing to resist a sexual act. A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs.  Consent can be withdrawn by words or actions at any time during sexual activity.

“Covered Person” means a student, employee (faculty, staff, or student employee), member of the Board of Regents, contracted partner associate, volunteer, or visitor participating, or attempting to participate in, a University-sponsored activity and/or event.

“Force” means the infliction, attempted infliction, or threated infliction of bodily harm or the act or threat of any other crime, violent activity, or wrongdoing.  Force may include the use of physical violence, threats, or intimidation (implied threats).

“Hearing Officer” means the individual designated by Concordia University, St. Paul that hears and reaches a determination regarding a Formal Complaint alleging Sexual Harassment. The Hearing Officer is responsible for managing the conduct of a hearing on a Formal Complaint of Sexual Harassment.

“Hearing Panel” is comprised of the Hearing Officer and at least one member of the Title IX committee.  The hearing panel attends and observes the live hearing and is responsible for determining sanctions when the Hearing Officer determines that a Title IX violation has occurred.

“Incapacitation” is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how of their sexual interaction).  This definition also applies to parties whose incapacity results from mental disability, involuntary physical restraint, and/or from the taking of, or being administered, incapacitating drugs.

“Formal Complaint” means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting investigation of the allegations.

“Formal Complaint Resolution Process” is the process outlined in the Resolution Process section.

“Investigative Report” is a written report prepared by the Investigator that fairly summarizes relevant evidence gathered in an investigation and relating to a Formal Complaint. “Investigator” means the individual designated by Concordia University, St. Paul to gather information in response to a Formal Complaint.

“Non-Consensual Sexual Intercourse” is any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a man or a woman upon a man or a woman, without consent and/or by force.

“Non-Consensual  Sexual Contact” is any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, without consent and/or by force.

“Official with Authority” means a University official who is authorized to institute corrective measures on behalf of Concordia University, St. Paul related to sexual misconduct prohibited in this policy.  Positions considered to be “Officials with Authority” are identified as follows:

1. Title IX Coordinator
2. Director of HR Operations
3. Associate Vice-President for Student Life
4. Housing Officers including Graduate Assistants for University Housing
5. Security Director and Officers
6. President
7. Vice-Presidents
8. College Deans
9. Athletic Director and Coaches;

All Officials with Authority must promptly report any information regarding a potential report of sexual misconduct in violation of this policy to the University’s Title IX Coordinator.

“Reporting Party” means an individual who experiences conduct that they believe is or may be sexual misconduct prohibited by this policy.

“Responding Party” means an individual who has been alleged to be the perpetrator of conduct that could constitute Sexual Harassment.

“Sexual Harassment” is conduct on the basis of sex that meets conditions further defined in the Sexual Misconduct Prohibited section of this policy.

“Sexual Exploitation” occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.

“Sexual Misconduct” includes sexual harassment, sexual assault (including actual or attempt non-consensual sexual contact and actual or attempted non-consensual sexual penetration), sexual exploitation, dating violence, domestic violence, and stalking.  Each is further defined in the Sexual Misconduct Prohibited section of this policy.

“Stalking” is (1) a course or pattern of unwelcome and unwanted conduct (2) that a person knows or has reason to know (3) would cause the victim under the circumstances to feel frightened, threated, oppressed, or intimidated or to suffer substantial emotional distress.

“Supportive Measures” means non-disciplinary, non-punitive, individualized services designed to restore or preserve equal access to Concordia University, St. Paul’s educational programs or activities to include a right to assistance from the Crime Victims Reparation Board and the commissioner of public safety. Supportive Measures may be offered to a Complainant or Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Supportive Measures may include, but are not limited to:

• Counseling
• Coursework adjustments
• Modifications of schedules
• Campus escort services
• Mutual restrictions on contact
• Changes in work or housing locations
• Leaves of absence
• Increased security or monitoring

Supportive Measures provided to a Complainant or Respondent will be kept confidential to the extent feasible.

“Third-Party Reporter” means an individual, other than a Reporting Party, who notifies an Official with Authority that they have received information from a community member who believes they have experienced conduct that the individual believes is or may be sexual misconduct prohibited by this policy.

“Title IX-Based Sexual Misconduct” means sexual misconduct as defined under federal Title IX regulations and is described in more detail in the Sexual Misconduct Prohibited section of this policy.

Sanction Statement for Students

Note: Both the Complainant and Respondent will be made aware of the hearing outcome and any imposed sanctions.

• Any person found responsible for violating the policy on Non-Consensual Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from warning to dismissal, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*
• Any person found responsible for violating the policy on Non-Consensual Sexual Intercourse will likely face a recommended sanction of suspension or dismissal.*
• Any person found responsible for violating the policy on sexual exploitation, sexual harassment, retaliation or stalking will likely receive a recommended sanction ranging from warning to dismissal, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

*The Judicial Officer or Judicial Body (Title IX Investigators and/or Title IX Coordinator) reserves the right to broaden or lessen any range of recommended sanctions in the complaint of serious mitigating circumstances or egregiously offensive behavior.

Providing information is the only way the University can take action against an alleged assailant. Anyone may choose to file a report of sexual misconduct at any time, however you are strongly encouraged to notify a University official of an assault as soon as possible. Reporting within 72 hours will help ensure the student receives appropriate medical attention and emotional support.

The University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students’ rights and personal safety.

Although victims of sexual misconduct are encouraged to inform University officials, the University recognizes that some victims may be hesitant to submit a report for fear that they themselves may be accused of policy violations. Because it is in the best interest of our community to have victims share their information, University policy provides victims amnesty from conduct violations related to the incident.

• Tell someone you trust, such as a friend, a faculty person, your hall director or RA, a family member or counselor. They can provide support and accompany you to other services.
• Seek immediate medical attention. If necessary, medical personnel can confidentially screen for injury and evidence. These exams are completely confidential and their results are not given to the police unless you give permission.
• Regions Hospital (651-254-3306) is located at 640 Jackson in St. Paul. Information about the Sexual Assault Nurse Examiner (S.A.N.E.) program can be found at 651-254-1611. You may go to the Regions ED by yourself or with a friend. You may also call your area Police Department (St. Paul) at 651-291-1111 or 911 for protection and transportation to the hospital.
• If possible, DO NOT change clothes, bathe, shower, brush your teeth or go to the bathroom before going to the ED. If you must change your clothes, bring clothing worn during the assault with you, preferably placing each item in a separate bag. Also bring any tampon or pad worn. If you must urinate, void small amount of urine into a cup, and bring it with you. DO NOT wipe after urinating.
• You will be met at Regions ED by an Sexual Offense Services counselor (S.O.S.) and a specially trained Sexual Assault Nurse Examiner (S.A.N.E.). The S.O.S. counselor will provide emotional support and confidential counseling. The S.A.N.E. nurse will provide sensitive and expert medical care.
• Before your counseling and medical care begins, your options will be completely explained, and you may agree to or refuse any options discussed. All care provided is confidential. You will be asked to sign a consent form for the care to be provided.
• With the occasional exception of a few preventative medications, there is no charge for care related to sexual assault at Regions Hospital ED. Regions ED is open 24 hours a day, 7 days a week.
• Immediate emotional support and/or ongoing professional counseling is helpful in dealing with the effects of your traumatic experience. This is also true for friends of someone who has experienced an assault.

Sexual assault is a crime. Your safety and protection are important. Call the police 651-291-1111 (St. Paul), 911 or Concordia Security 651-641-8278 for protection and to report the assault.

You may file charges both through the Concordia University Title IX resolution process and through the State court system. To get information about the Title IX resolution process, contact Milissa Orchard, Title IX Coordinator, at 651.641.8268.

Concordia University has named specific Officials with Authority who are officials that are authorized to institute corrective measures on behalf of Concordia University, St. Paul related to sexual misconduct prohibited by policy.  Positions considered to be “Officials with Authority” are identified as follows:

1. Title IX Coordinator
2. Director of HR Operations
3. Associate Vice-President for Student Life
4. Housing Officers including Graduate Assistants for University Housing
5. Security Director and Officers
6. President
7. Vice-Presidents
8. College Deans
9. Athletic Director and Coaches;

All Officials with Authority must promptly report any information regarding a potential report of sexual misconduct in violation of this policy to the University’s Title IX Coordinator.

In addition, a number of employees have been named as Confidential Resource Persons.  These individuals are campus members who provide confidential assistance and support to individuals who have experienced or witnessed an event that falls under the University’s definition of Sexual Misconduct Prohibited.  Confidential Resource Persons are not required to notify the Title IX Coordinator or law enforcement about alleged sexual misconduct unless the allegations involve the physical or sexual abuse of a child or a vulnerable adult or there is imminent danger to the life of any person.  Confidential Resource Persons may be available off campus through community resources or via agreement with a contracted partner agency of the University.  The Confidential Resource Persons available at Concordia University, St. Paul include members of the campus ministry team and Student Counseling Services employees and their constituents.

Information about how to file an incident report can be found here.

Concordia University encourages individuals who believe they have been sexually assaulted to pursue criminal action against the alleged perpetrator of the sexual assault. An individual may pursue criminal action and an internal campus complaint concurrently. Retaliation against an individual who brings a complaint or participates in an investigation of sexual assault or pursues legal action is prohibited and will not be tolerated. Victims of sexual violence have these rights:

• To file criminal charges with local law enforcement officials;
• To receive the prompt assistance of Concordia authorities upon request of the victim in notifying appropriate law enforcement;
• To an investigation and resolution of a sexual violence complaint by Concordia disciplinary or judicial authorities;
• To participate in and to have an attorney or other support person at any Concordia disciplinary proceeding concerning a sexual violence complaint;
• To be promptly notified of the outcome of a Concordia disciplinary proceeding (subject to the limitations of state and federal laws relating to data privacy practices);
• To the assistance of Concordia authorities, at the direction of law enforcement authorities, in obtaining, securing and maintaining evidence in connection with a sexual assault incident;
• To the assistance of Concordia authorities in preserving complaint or victim materials relevant to a Concordia disciplinary proceeding;
• To the assistance of Concordia authorities in cooperating with the appropriate law enforcement authorities and, at the victim’s request, in shielding the victim from unwanted contact with the alleged assailant, including transfer of the victim to alternative classes or to alternative university-owned housing (if alternative classes or houses are available and feasible); and
• To seek assistance from the Minnesota Crime Victims Reparations Board and the Minnesota Crime Victims Ombudsman.

You may file charges both through the Concordia University resolution process and through the State court system. To get information about the Title IX process, contact Milissa Orchard, Title IX Coordinator at 651.641.8268.

Detailed information about Concordia’s sexual violence policy is available. (link)

It is important to get the support that you deserve.

• Get immediate medical attention. You are encouraged to be seen by a SANE nurse within 72-hours. ~A SANE nurse is a Sexual Assault Nurse Examiner. These medical professionals have been trained to work specifically with survivors of sexual assault. ~ An exam will be offered to assess your medical condition and to gather evidence, and basic medical care will be provided. Also, a test for sexually transmitted diseases will be offered.

• If possible, do not clean your body or clothes until after the medical exam. Any physical signs of the assault may be used as evidence. Taking a shower or bath, or washing your clothes may remove vital evidence.

• Following an assault you may not be immediately interested in gathering evidence, or you may be distressed by the thought of making a police report. Keep in mind that if you seek treatment from a SANE nurse, you will NOT be required to file a report or inform your parents, you will get specialized medical care, and you will keep the option available for later if you decide then that you would prefer to report—it will still be your decision. Prior to providing care, the SANE nurse will explain the exam, answer your questions, and perform only the procedures to which you give consent.

Any person—regardless of whether the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or Sexual Harassment—may report an act of sex discrimination and/or Sexual Harassment to the Title IX Coordinator. Reports may be made in person, by mail, by telephone, by email, or by filing a confidential report located on the CSP website (https://www.csp.edu/student-life/title-ix/). Reports may be made at any time.

In addition, the following resources are available to Covered Persons as follows:

• University Security: Emergency and non-emergency reports may be made to Campus Security by dialing 8777.
• Individuals who have experienced sexual misconduct and wish to keep the details of the incident confidential but wish to seek supportive measures are encouraged to contact a Confidential Resource as soon as possible after the incident.
• Reporting parties have the right to report to law enforcement all misconduct that may violate criminal laws. Parties wishing to seek this option have the full support of Concordia University, St. Paul who will promptly assist with making such a support.
• Anonymous complaints may be filed by using the reporting form on the University’s Title IX page. Please note that, per state law, CSP is not obligated to investigate anonymous reports and such reports often hinder the University’s ability to investigate and respond appropriate to such incidents.

Upon the receipt of a report, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures (with or without the filing of a Formal Complaint), consider the Complainant’s wishes with respect to Supportive Measures, and explain the process for filing a Formal Complaint.

If the Complainant chooses not to file a Formal Complaint, the Title IX Coordinator may choose to do so. The Title IX Coordinator may also advise the Complainant about other available procedures and Supportive Measures.

If the Complainant or the Title IX Coordinator chooses to file a Formal Complaint, such Formal Complaint will be handled in accordance with the University’s Formal Complaint Resolution Process.