Sexual Misconduct Policy

Sex discrimination includes sexual harassment, sexual assault, and other forms of sexual misconduct. The University’s Sexual Misconduct Policy (PDF) contains further definitions of these terms.

Depending on the particular circumstances, sex discrimination, sexual harassment, or sexual assault may include, but is not limited to, the following:

Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults; and intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual's body.

Offering or implying an employment-related reward (such as a promotion, raise, or different work assignment) or an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct.

Threatening or taking a negative employment action (such as termination, demotion, denial of an employee benefit or privilege, or change in working conditions) or negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual's job or academic work more difficult because sexual conduct is rejected.

The use or display in the classroom or workplace, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons, or graffiti without pedagogical justification.

Unwelcome sexual advances, repeated propositions, or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments about a person's sexuality or sexual experience. Such conduct between peers must be sufficiently severe, persistent, or pervasive that it creates an educational or working environment that is hostile or abusive. A single incident involving severe misconduct may rise to the level of harassment.

You should speak up. The best way to stop any kind of discrimination is to tell someone who is an official with authority to institute corrective measures on behalf of St. Thomas. Contact information for some of the University's "Officials with Authority" is below. Officials with Authority will provide advice and assistance to reporting parties and other individuals who contact them and help ensure that St. Thomas responds appropriately and in accordance with applicable law. 

Please note that all university faculty and staff (except those who are confidential) who learns about an incident of gender discrimination (sexual violence, sexual misconduct, sexual harassment) have an obligation to report what they learn to the Title IX Coordinator to ensure the university takes appropriate and consistent action to support and respond.

Complete an online report or contact one of the individuals listed below. 

Julie Thornton, Title IX Coordinator
title-ix@stthomas.edu
(651) 962-6882

Dean of Students
Room 241, Anderson Student Center
(651) 962-6050

Human Resources Partners
Room 217, Aquinas Hall
(651) 962-6510

Department of Public Safety
St. Paul: Morrison Hall, 1st Floor
Minneapolis: School of Law, 1st Floor
(651) 962-5100

If you have personally experienced sexual misconduct and wish to keep details of the incident completely confidential, you are urged to contact a Confidential Resource. Contact Information is available on the Sexual Misconduct Response page.

St. Thomas' obligation to respond appropriately to sexual violence complaints is the same regardless of the sex or gender of the parties involved. Title IX protects all students from sexual violence, regardless of the sex/gender of the alleged Reporting Party or Responding Party, including when they are members of the same sex or gender.

A person who is incapacitated cannot understand the "who, what, when, where, why, or how" of a sexual situation. Incapacitation may result from a mental or physical disability, impairment, or injury, the voluntary or involuntary use of alcohol or drugs, or other causes. Alcohol or drug use is the most common cause of incapacitation on college and university campuses. Incapacitation is tricky because it occurs differently in different individuals. Just a few of the factors that impact incapacitation are: the rate and quantity of alcohol consumption or drug use, physical size, genetics, and whether the person has taken other drugs (including prescribed medications).

When the University is determining whether a person is incapacitated for purposes of determining responsibility for sexual misconduct, it will look at all the facts and circumstances, not just the number of drinks or drugs consumed.

There are some common signs to look for to determine if another person might be incapacitated or approaching incapacitation. These include:

• Impaired control over physical movements and/or loss of coordination (for example, stumbling, swaying, loss of balance, shaky equilibrium, or difficulty walking or standing);
• Significant confusion regarding circumstances or surroundings (for example, lack of awareness of where one is, how one got there, or who one is with);
• Impaired ability to effectively communicate for any reason (for example, slurred speech, difficulty finding words);
• Repeating the same story or statement multiple times without apparent awareness of the repetition;
• Inability to dress/undress without assistance;
• Inability to perform physical or cognitive tasks without assistance;
• Bloodshot, glassy, or unfocused eyes;
• Vomiting; or
• Inability to understand some or all of the following questions: “Do you know where you are?” “Do you know how you got here?” “Do you know what is happening?” “Do you know whom you are with?”

Yes, it is unlawful to discriminate against St. Thomas students because of their sex.

Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.

Officials with Authority are responsible for initiating the response and resolution process promptly upon receipt of an incident of sexual misconduct and will notify and share the Report or Complaint with the Title IX Coordinator. The Title IX Coordinator will work with the impacted parties and consider whether and what supportive measures or additional action is reasonably necessary or appropriate to protect and support the parties and the broader St. Thomas community. The Title IX Coordinator (or their designee) will meet with the Reporting Party to discuss supportive measures and determine next steps, if any, to address the reported incident. More information on those processes can be found in the University's Sexual Misconduct Policy (PDF) in Appendix A.

Yes, if the incident occurs at a St. Thomas event, involves a St. Thomas student, staff member, or faculty member, or has some other tie to the university, then St. Thomas can investigate and provide a resolution.  The university can not ignore a report of sexual violence, but instead the Title IX Coordinator works with the victim and/or the reporting party who decides how to proceed to resolution (supportive measures, formal investigation or alternative resolution). The priority is to remedy the effects of the violence, keep the campus safe, and address the harm.

The appropriate response will be different depending on the circumstances and level of control St. Thomas has over the Responding Party. At a minimum, St. Thomas will conduct an inquiry into what occurred and may report the incident to the Responding Party's school and encourage them to take appropriate action to prevent further sexual violence in their own community. St. Thomas will also notify the Reporting Party of any right to file a complaint with the Responding Party's school or local law enforcement. St Thomas may also decide to take other action to protect the Reporting Party and/or the St. Thomas community. In all cases, St. Thomas will work with the Reporting Party to provide support and resources.