Title IX Policy

Notice of Nondiscrimination

Rasmussen University is committed to providing an educational and working environment free from discrimination based on sex, in compliance with Title IX of the Education Amendments of 1972. Rasmussen prohibits sexual harassment, sexual violence, and gender-based discrimination including pregnancy or related conditions in any of its educational programs or activities. This policy applies to all students, faculty, staff, and third parties within the Rasmussen community.

Overview

This policy outlines Rasmussen’s commitment to preventing and addressing sex discrimination and sexual misconduct under Title IX. It provides information about reporting procedures, available support, and grievance procedures to ensure a fair and transparent resolution of reported Title IX incidents.

Definitions

• Complainant: A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in Rasmussen’s education program or activity at the time of the alleged sex discrimination.
• Consent: “Consent” has no definition in federal law and is defined differently across states and local jurisdictions. For purposes of alleged sexual misconduct filed under this policy, Rasmussen follows and applies the definition of consent of the state or jurisdiction of the campus on which the alleged incident occurred (for online programs, the relevant state is Minnesota). If the state or jurisdiction does not define consent in its laws, Rasmussen will apply the Illinois definition as stated below. The definition of consent for each state in which Rasmussen has a residential campus is reproduced here:
  • Florida: “Consent means intelligent, knowing, and voluntary consent and does not include coerced submission. ‘Consent’ shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” (Fla. Stat. § 794.011(1)(a))
  • Illinois: The definition of consent, “at a minimum, recognizes that (i) consent is a freely given agreement to sexual activity, (ii) a person’s lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iii) a person’s manner of dress does not constitute consent, (iv) a person’s consent to past sexual activity does not constitute consent to future sexual activity, (v) a person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another, (vi) a person can withdraw consent at any time, and (vii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
    • (a) The person is incapacitated due to the use or influence of alcohol or drugs;
    • (b) The person is asleep or unconscious;
    • (c) The person is under age; or
    • (d) The person is incapacitated due to a mental disability. (110 Ill. Comp. Stat. § 155/10(1))
  • Kansas: Kansas Statutes do not define “consent” as of February 2025.
  • Minnesota:
    • “(a) ‘Consent’ means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the Complainant or that the Complainant failed to resist a particular sexual act.
    • (b) A person who is mentally incapacitated or physically helpless as  defined by this section cannot consent to a sexual act.
    • (c) Corroboration of the victim’s testimony is not required to show lack of consent.”
      “Physically helpless” means that a person is “(a) asleep or not conscious, (b) unable to withhold consent or to withdraw consent because of a physical condition, or (c) unable to communicate nonconsent and the condition is known or reasonably should have been known to the actor.” (Minn. Stat. § 609.341, subd. 4 and 9)
  • North Dakota: The North Dakota Century Code does not define “consent” as of February 2025.
  • Wisconsin: “Consent . . . means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. . . . The following persons are presumed incapable of consent, but the presumption may be rebutted by competent evidence . . .
    • (a) A person suffering from a mental illness or defect, which impairs capacity to appraise personal conduct.
    • (b) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.” (Wis. Stat. § 940.225(4))
  Verbal statements or non-verbal actions which a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.

• Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
• Disciplinary Sanctions: Consequences imposed on a Respondent following a determination under Title IX that the Respondent violated Rasmussen’s prohibition on sex discrimination.
• Domestic Violence: A felony or misdemeanor crime committed by a person who: (a) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of Rasmussen, or a person similarly situated to a spouse of the victim; (b) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (c) Shares a child in common with the victim; or (d) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.
• Grievance: A written request to Rasmussen that objectively can be understood as a request for Rasmussen to investigate and make a determination about alleged discrimination under Title IX or its regulations.
• Online Reporting System: Rasmussen provides an Online Reporting System to receive reported incidents under this policy. This reporting system allows for anonymous submissions and is available on the Rasmussen website at: http://www.rasmussen.edu/student-experience/title-ix/.
• Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment under Title IX.
• Retaliation: Any adverse action taken against an individual for reporting misconduct or participating in a Title IX investigation.
• Sex-based Harassment: Sex-based harassment is a form of sex discrimination and means Sexual Harassment and other harassment on the basis of sex, including on the bases of sex stereotypes, sex characteristics, and pregnancy or related conditions that satisfies one or more of the following:
  • Quid pro quo harassment. An employee, agent, or other person authorized by Rasmussen to provide an aid, benefit, or service under Rasmussen’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
  • Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Rasmussen’s education program or activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following: (i) The degree to which the conduct affected the Complainant’s ability to access Rasmussen’s education program or activity; (ii) The type, frequency, and duration of the conduct; (iii) The parties’ ages, roles within Rasmussen’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; (iv) The location of the conduct and the context in which the conduct occurred; and (v) Other sex-based harassment in the recipient’s education program or activity;
  • Specific offenses. “Sexual assault”, “dating violence”, “domestic violence”, or “stalking” as defined herein.
• Sexual Harassment: Unwelcome conduct based on sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity.
• Sexual Misconduct: Unwelcomed conduct that includes sexual harassment, nonconsensual distribution of sexual images, sexual extortion, nonconsensual dissemination of a deepfake depicting intimate parts or sexual acts, sex trafficking, VAWA crimes of sexual assault, intimate partner violence, domestic violence, and stalking.
• Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others, or (b) suffer substantial emotional distress. As used in this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a person under similar circumstances and with similar identities to the victim. Rasmussen considers stalking to include “cyberstalking,” which is stalking conducted with technology such as computers or mobile devices, often occurring on or delivered through the Internet, e-mail, or text messages.
• Standard of Evidence: Preponderance of the evidence standard will be used for Title IX proceedings and is applied equally to both students and employees. The burden of proof is met when it is more likely than not that the alleged misconduct occurred.
• Unwelcome Conduct: Conduct is unwelcome if an individual did not request or invite it and regarded the conduct as undesirable or offensive. Acquiescence in the conduct or the failure to complain does not always mean that the conduct was welcome.
• Victim/Survivor: These terms are used together throughout this policy to respect individuals who may identify as a victim, survivor, or both. A victim/survivor is comparable to a Complainant for purposes of this policy.