Students who search for a Minnesota State Mankato Title IX lawyer usually want to know what happens after a sexual misconduct notice arrives. This page explains, in general terms, how Minnesota State University, Mankato handles a sexual misconduct complaint against a student under its posted policies. Your own notice, and the procedure version that applies to your case, control the actual deadlines.
Which policy applies
Minnesota State Mankato is part of the Minnesota State Colleges and Universities system (Minnesota State). Sexual misconduct is governed by two system documents: Board Policy 1B.3 Sexual Misconduct Policy, adopted by the system Board of Trustees, and System Procedure 1B.3.1 Response to Sexual Misconduct. Both are posted on minnstate.edu and copied on the website of the campus Office of Equal Opportunity and Title IX (EOTIX), which runs the process.
The campus Student Code of Conduct says sexual misconduct allegations are resolved under the 1B.3 procedures, not the Code procedure. Do not assume a track; ask EOTIX which procedure is being used in your case.
The version that applies to you can depend on your notice or incident date, so confirm it with EOTIX.
The Minnesota State system process
Sexual misconduct complaints against students at Minnesota State Mankato follow the Minnesota State system process, which is set by Board Policy 1B.3, System Procedure 1B.3.1, and Operating Instruction 1B.3.1.1. The Office of Equal Opportunity and Title IX (EOTIX) applies that process on this campus. In general, a report or formal complaint comes first, then an investigation with a chance to review the evidence, then a live hearing where each side has an advisor, a written decision, and a right to appeal. Read the full explanation in the Minnesota State system Title IX process.
Report vs. formal complaint
EOTIX’s Submit a Report page says that in Title IX sexual harassment matters, a written formal complaint is submitted after an initial meeting with the office.
Early steps after notice
EOTIX’s Investigation FAQ says an investigation "will generally take several weeks to a few months." The same FAQ says attendance at an investigatory meeting is not required, but a decision may then be made without that person’s input.
Investigation and evidence
Before the report is finished, both parties and their advisors receive the evidence subject to inspection and review. Under 1B.3.1, each party "must have at least ten (10) business days to submit a written response to the evidence." EOTIX’s 1B.3.1 process summary gives a different figure: "ten (10) calendar days." Use the period in your own notice and confirm it with EOTIX.
Under 1B.3.1, the investigative report is sent to each party and advisor "at least ten (10) calendar days prior to a formal hearing" for review and written response; the procedure does not state a deadline for that response. The EOTIX summary says a written response to the draft report is due "within ten (10) calendar days."
Advisor and hearing
Ask EOTIX promptly whether a hearing request is needed in your case.
Under the current procedure, the Title IX Coordinator selects a decision-maker trained by the system office, who presides over the hearing and decides responsibility and sanctions. The EOTIX process summary still describes the older model, with referral to the Attorney General’s Office and an administrative law judge’s recommendation, so a case handled under an earlier version may have followed that model.
Sanctions
EOTIX’s Investigation FAQ describes student sanctions that "range from a warning, disciplinary probation, suspension, to expulsion from the University." The Student Code of Conduct lists sanctions for Code cases, including suspension and expulsion noted on the transcript and withholding a degree until the disciplinary process is complete.
Supportive measures
EOTIX’s Interim/Supportive Measures page adds that measures are not guaranteed and are decided case by case.
Summary suspension
Under 1B.3.1, the president or designee may summarily suspend a student at any point, but only in accordance with Board Policy 3.6 and its system procedures. The procedure says the complaint process should then be completed within the shortest reasonable time, "not to exceed nine (9) school or business days." System Procedure 3.6.1 and the Student Code of Conduct instead set nine (9) school or business days for a meeting or conduct hearing after a summary suspension, and Procedure 1B.1.1 requires re-evaluation if its process is not completed within ten (10) days, with no unit stated. During a summary suspension, the student may not enter campus or take part in university activities without prior permission. Follow the steps in your own suspension notice and confirm them with EOTIX.
Appeals
Under Procedure 1B.3.1, an appeal of a hearing decision "must be filed in writing with the president or designee within ten (10) business days after notification of the decision." The EOTIX process summary gives a different window, "within ten (10) calendar days after notification of the decision," and says a different university decision-maker hears the appeal. Use the deadline in your own outcome letter and confirm it with EOTIX.
Procedure 1B.1.1 adds insufficient evidence, and the Student Code of Conduct has its own grounds for Code cases, so the grounds depend on the procedure named in your case.
FAQ
Do I need a lawyer for a Minnesota State Mankato Title IX case?
The procedures do not require one. You may choose an advisor, who may be an attorney.
How long do I have to respond to the evidence?
Procedure 1B.3.1 says at least ten (10) business days; the EOTIX process summary says ten (10) calendar days. Use the period in your notice and confirm it with EOTIX.
What if my case is not handled under 1B.3.1?
The Title IX Coordinator may refer a matter to Procedure 1B.1.1 or another process. Ask EOTIX which procedure applies, because hearings, grounds and deadlines differ.
More guides for Minnesota schools: Minnesota Title IX lawyer.
Disclaimer
This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Minnesota State University, Mankato or Minnesota State. Policies change, so confirm every deadline against your own notice and the currently posted policies, and with Minnesota State Mankato’s Office of Equal Opportunity and Title IX.
Sources
- System Procedure 1B.3.1 Response to Sexual Misconduct (Minnesota State)
- Board Policy 1B.3 Sexual Misconduct Policy (Minnesota State)
- Operating Instruction 1B.3.1.1 Promoting Nondiscrimination on the Basis of Sex (Minnesota State)
- System Procedure 1B.1.1 Investigation and Resolution (Minnesota State)
- System Procedure 3.6.1 Student Conduct (Minnesota State)
- Student Code of Conduct (Minnesota State Mankato)
- EOTIX: Submit a Report
- EOTIX: 1B.3.1 Response to Sexual Misconduct Process
