Students who search for a St. Cloud State Title IX lawyer usually want to know what happens after a sexual misconduct notice arrives. This page explains, in general terms, how St. Cloud State University handles a sexual misconduct complaint against a student under its posted policies, and where those documents disagree. Your own notice, and the procedure version that applies to your case, control the actual deadlines.
Which policy applies
St. Cloud State is part of the Minnesota State Colleges and Universities system (Minnesota State). St. Cloud State’s own Policy 1.13 Sexual Violence, Relationship Violence, and Stalking says the university "adopts and adheres to the provisions and timelines" of the Minnesota State 1B.1 and 1B.3 policies and their procedures, and that "SCSU follows the 1B.3.1 procedure." The campus office that runs the process is the Office for Institutional Equity & Access (OEA), which houses the Title IX Coordinator.
St. Cloud State’s pages do not all describe the student track the same way. The Student Code of Community Standards says complaints of sexual violence "shall be resolved according to" Board Policies 1B.1 and 1B.3 under the direction of the Title IX Coordinator. The OEA Policy/Know Your Rights page, however, describes the Code as relating to "sexual violence incidents where only students are involved." The Title IX Coordinator decides whether a complaint proceeds under 1B.3.1, and Policy 1.13 says the policies are "not limited to reports or alleged violations that occur on University property or at University activities," while 1B.3.1 requires dismissal of a formal complaint about conduct outside the university’s education program or activity. Do not assume a track; ask OEA which procedure is being used in your case.
Procedure 1B.3.1 was amended on August 11, 2025, when hearings were moved away from an administrative law judge to the college or university, and again on May 27, 2026. Policy 1B.3 was last amended June 18, 2025. OEA’s State Laws and Policies page still lists older revision dates for 1B.3.1 and 1B.1.1. None of these documents says which version governs incidents or complaints that began before an amendment. The version that applies to you can depend on your notice or incident date, so confirm it with OEA.
The Minnesota State system process
St. Cloud State handles sexual misconduct complaints against students under Board Policy 1B.3 and System Procedure 1B.3.1, and OEA (Office for Institutional Equity & Access) applies that process on campus. In general, the process starts with a report and a formal complaint, then moves to an investigation and evidence review, a live hearing with an advisor if one is held, a written decision, and a possible appeal. The campus-specific details below show where St. Cloud State’s own documents add to or differ from the system rules. For the full system explanation, see the Minnesota State system Title IX process.
Report vs. formal complaint
OEA’s Report It page says an online report goes to the Title IX Coordinator, who schedules "an initial inquiry meeting to review the allegations, discuss the Title IX complaint process and provide resources," and that an investigator is assigned if the allegations rise to the level of an investigation. The same page says that if a formal complaint is filed, "the accused student has the right to know the identity of the complainant/victim."
Early steps after notice
OEA’s Resources for Accused page tells respondents: "DO NOT contact the complainant/accuser." It lists rights including to "Be presumed to not be in violation of any University policy until such a determination is made through the appropriate process," to receive an explanation of the complaint and any restrictions, to have an advisor of your choice present for related meetings, and to "speak and present information on your own behalf free from prejudice or presumption."
Procedure 1B.3.1 sets no fixed length for the investigation; it must be completed in a timely manner unless reasonable cause for delay exists, such as the absence of a party or witness or concurrent law enforcement activity. The Resources for Accused page says the time "may be extended due to parallel criminal investigations, school breaks, or other exceptions necessary for a fair, complete and thorough process."
The Resources for Accused page describes two paths: "closing the case due to insufficient information or a formal investigation process."
Advisor and hearing
St. Cloud State’s campus documents describe the advisor more narrowly. The Resources for Accused page says an advisor "may confer with and advise the respondent but may not advocate for them in any meeting or in disciplinary hearing," and that "An attorney may be present at the request of the respondent." Policy 2.01 Assisting Students with University Policy and Procedure says there is no provision for a university employee serving as a process advisor to participate actively in any questioning, hearings, or investigations, that "A consultant is a resource but may not speak or provide other communications on the student’s behalf," and that if an attorney will participate, the university "must have advance notice and may reschedule to arrange for our legal counsel to participate as well." The Student Code likewise says a process advisor in Code proceedings may not appear in place of or speak for the student. Ask OEA what your advisor may do at each stage of your case.
Procedure 1B.3.1 describes formal resolution as an investigation followed by "a live hearing with questioning of both parties," held "in person or via video technology." OEA’s Report It page says something different: complaints are investigated under a policy "which does not involve a hearing where the complainant and accused must face each other," and "Though there is no hearing, fair procedures will be followed before adverse actions are taken." The 1B.3.1 jurisdiction section also says the Title IX Coordinator will determine, for a student respondent, whether either party has "requested a live hearing to be held," and Procedure 1B.1.1 gives parties in its sexual harassment track "five (5) business days" after the final report to request a hearing. Ask OEA promptly whether a hearing will be held in your case and whether you need to request one.
Sanctions
Procedure 1B.3.1 says disciplinary actions include "sanctions up to and including suspension or expulsion of students," decided case by case considering the severity of the conduct and previous disciplinary history. The Student Code of Community Standards lists resolution actions for Code cases, including probation, suspension, expulsion, a mutual no contact directive, withholding a degree until the process is complete, and revocation of admission or a degree, and it describes transcript notations for disciplinary suspension and expulsion. Procedure 1B.3.1 does not say the Code list applies to 1B.3.1 cases.
Informal resolution
The Student Code’s separate Resolution Agreement, which "cannot be appealed once completed," applies to Code cases.
Supportive measures
The Resources for Accused page says respondents may receive assistance with academic, housing and other issues specific to their circumstances. St. Cloud State names Counseling and Psychological Services and the Medical Clinic as confidential on-campus resources.
Summary suspension
System Procedure 3.6.1 allows it only when the student’s presence "would constitute a threat to the safety and well-being of members of the campus community," with notice and, to the greatest extent possible, a chance to argue against it first. The documents set different clocks afterward:
- Procedure 1B.3.1: the complaint process should be completed within the shortest reasonable time, "not to exceed nine (9) school or business days."
- Procedure 3.6.1: a meeting with the administrator or a student conduct hearing, "not to exceed nine (9) school or business days."
- Student Code of Community Standards (Code summary suspensions, imposed by the Dean of Students or designee): a resolution agreement, meeting or hearing "within a reasonable time period, not to exceed nine (9) business days."
- Procedure 1B.1.1: re-evaluation if its process is not completed within ten (10) days, with no unit stated.
Follow the steps in your own suspension notice and confirm them with OEA.
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 Student Code of Community Standards has a different appeal for Code cases: "five (5) business days upon receiving a notification of the outcome," in writing to the Dean of Students (or designee), on the Code’s own grounds. The Resources for Accused page points respondents to both "the Student Code of Community Standards and the Sexual Violence Policy" for appeals. Use the deadline in your own outcome letter and confirm with OEA which document controls your case.
The documents differ on sanctions during an appeal. Under 1B.3.1, disciplinary action "may be enforced" while the appeal is pending; the Student Code says a resolution action "shall not become effective during the time in which a student seeks an appeal" unless needed for the safety and welfare of the university community. For a suspension of ten (10) days or longer, 1B.3.1 says students must be informed of their right to a contested case hearing under Minnesota Statutes Chapter 14. The Student Code, for Code cases, applies this to expulsion or suspension of ten (10) calendar days or longer and requires the student to tell the Code Administrator "within five (5) business days" of the written notice.
FAQ
Do I need a lawyer for a St. Cloud State Title IX case?
The procedures do not require one. You may choose an advisor, who may be an attorney; Policy 2.01 says the university must get advance notice if an attorney will participate. Under the system Operating Instruction you must have an advisor at a live hearing, and if you have none, the Title IX Coordinator appoints a trained advisor for questioning only. The university is not obligated to provide an attorney.
Will there be a live hearing?
Procedure 1B.3.1 describes one, in person or by video, and also refers to whether a party has requested a hearing. OEA’s Report It page says there is no hearing. Ask OEA promptly what will happen in your case.
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 St. Cloud State University or Minnesota State. Policies change, so confirm every deadline against your own notice and the currently posted policies, and with St. Cloud State’s Office for Institutional Equity & Access.
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)
- Board Policy 3.6 Student Conduct (Minnesota State)
- Policy 1.13 Sexual Violence, Relationship Violence, and Stalking (St. Cloud State)
- Policy 2.01 Assisting Students with University Policy and Procedure (St. Cloud State)
- Student Code of Community Standards (St. Cloud State)
- OEA: Report It (St. Cloud State)
- OEA: Resources for Accused (St. Cloud State)
- OEA: Policy/Know Your Rights (St. Cloud State)
- OEA: State Laws and Policies (St. Cloud State)
