Sexual Harassment Laws

by Minnesota Department of Health

(Page 2 of 2)

Nationally, sex discrimination is prohibited under Title VII of the Federal Civil Rights Acts of 1964. Sexual harassment is considered to be a form of sex discrimination. It can be perpetrated by individuals of either gender, and can be committed against a victim of either gender (this includes same-sex sexual harassment). Employers and schools can be held liable when sexual harassment occurs within their environments.

MN 363.12 secures freedom from discrimination for people in Minnesota. In employment, public accommodations or public services, education, and housing, sexual harassment is considered a form of sex discrimination.

Sexual harassment (MN 363.01) includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature when:

1. Submission to the harassment is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing.

2. Submission to or rejection of the harassment is used as a factor in decisions affecting that individual.

3. The conduct or communication has the purpose or effect of substantially interfering with an individual's performance in employment, public accommodations or public services, education, housing, or creating an intimidating, hostile, or offensive environment; and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.

Sexual Harassment Policies

Public Schools

Every school board is required to adopt a written sexual harassment and sexual violence policy (MN 127.46). The policies must apply to pupils, teachers, administrators, and other school personnel; they must also include mandatory reporting procedures, and set forth disciplinary actions that will be taken for violation of the policy. The policy must be conspicuously posted throughout each school building, given to each district employee and independent contractor at hiring, and included in each school's student handbook on school policies. Each school must develop a process for discussing the school's sexual harassment and violence policy with students and school employees.

State Colleges and Universities

The board of trustees of the Minnesota State Colleges and Universities (MnSCU) is required to adopt a clear, understandable policy on sexual harassment and sexual violence that informs victims of their rights (MN 135A.15). The policy must apply to students and employees and provide information about their rights and duties. Moreover, colleges and universities are required to provide all students with information about the policy when they register for classes.

Mandatory Reporting of Sexual Abuse

Minnesota's public policy is to protect children whose health may be jeopardized though physical abuse, neglect or sexual abuse (MN 626.556).

State policy also protects adults who, because of physical or mental disability, or dependency on institutional services, are particularly vulnerable to maltreatment (MN 626.557). Both criminal sexual conduct and prostitution are considered reportable offenses under this statute.

These statutes also require certain members of the community to report sexual abuse of children and of vulnerable adults. The statutes require that a mandated reporter who knows, or has reason to believe, that a child or vulnerable adult is being neglected, or physically or sexually abused, must report that information to a local welfare agency, police department, or county sheriff. The statute does not require that the reporter know or prove that victimization is occurring. If they suspect, or have a reason to believe, that abuse may be occurring, they are mandated to report.

Who is required to report?

Mandatory reporters of suspected child abuse and neglect:

1. A professional engaged in healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, or law enforcement

2. Persons employed as members of the clergy whose suspicions are raised while engaged in ministerial duties

Mandatory reporters of suspected abuse of vulnerable adults:

1. A professional engaged in social services, education, law enforcement, the care of vulnerable adults, or the duties of a medical examiner/coroner

2. An employee or person providing services in a licensed facility, including:
   a. hospitals
   b. nursing homes, residential or nonresidential programs serving vulnerable adults
   c. home care providers
   d. person or organization offering, providing or arranging personal care assistant services under a medical assistance program
   e. any of the occupations included among health-related licensing boards

Victim Rights

According to Minnesota law (MN 611A), victims of crime have certain rights. A victim is defined as someone who incurs loss or harm as a result of a crime (MN 611A.01). Victims' rights include (but are not limited to) the following:

• To be notified of their rights at initial contact with a peace officer (611A.02)

• To apply for reparations to cover losses (not including property losses) (611A.66)

• To request that law enforcement withhold his or her identity from the public (611A.021)

• To be informed of the nearest crime victim assistance program or resource (611A.02)

• To be informed about, and participate in, the prosecution process (if the offender is charged), including the right to request restitution (611A.04)

• To request that the prosecutor demand that the trial begin within 60 days of the arraignment (611A.033)

• To be informed about a proposed plea agreement (including amount of jail or prison time recommended) (611A.0315)

• To attend the sentencing hearing and present his or her opinion of the plea agreement (611A.03)

• To be present in court to testify at the request of the prosecutor, or by subpoena, without any retaliation by one's employer (e.g., being discharged, threatened with discharge or disciplined) (611A.036)

• To submit or present a victim impact statement to the court, either orally or in writing, before the court sentences the offender. The statement may include a summary of the harm or trauma, the economic loss or damage suffered by the victim, and the victim's reaction to the proposed sentence or disposition (611A.037)

• To be informed about the offender's release and/or escape (if so requested) (611A.06)

• To receive a written or oral notice of the final disposition of a case by the prosecutor and to be notified of any modification in the sentence of the offender (611A.039)

Sex Offender Registration

In 1991, Minnesota became the second state in the U.S. to require sex offender registration. The registration law applies to all individuals convicted of sex offenses or other predatory crimes. The statute (MN 243.166) requires that convicted sex offenders register with probation or law enforcement. They must supply personal information, most importantly their current address. Offenders must keep their registrations current for ten years after their release from custody or placement on probation, and must give authorities five days notice before relocating to a new address.

Community Notification The Minnesota legislature enacted a community notification law (MN 244.052) in 1996. The lawallows local law enforcement to provide communities with information about some convicted sex offenders, including their whereabouts.

Before a sexual offender or other predatory offender is released from a state correctional facility, Minnesota Statutes 244.052 and 244.053 require that the Department of Corrections conduct a risk level assessment to measure the likelihood that the offender will commit further sexual offenses. This assessment is based on the type and severity of the conviction offense, whether the crime involved violence, the prisoner's amenability to treatment, and his/her overall psychological condition. The risk level assigned determines what kind of notification local law enforcement can provide (see box).

Risk Level

Level 1: A low risk of reoffense. For Level 1 offenders, the law permits disclosure of offender information to other law enforcement agencies, and mandates disclosure to victims and witnesses who have requested such information.

Level 2: A moderate risk of reoffense. The law permits disclosure of information to agencies or groups with which the offender is likely to have contact. These agencies may include schools, day care centers, health clubs and other facilities that serve potential victims. The purpose of notification in these cases is to safeguard these institutions and protect individuals in their care.

Level 3: A high risk of reoffense. The law permits disclosure of information to all members of the community with whom the offender is likely to come into contact. In many cases, this disclosure occurs in the context of a community notification meeting.