57 NSU STUDENT HANDBOOK 2022-23 SOUTH DAKOTA BOARD OF REGENTS POLICY MANUAL 1:17:1 SUBJECT: Prevention of Dating Violence, Domestic Violence, Sexual Assault and Stalking 1. State and federal policies proscribe dating violence, domestic violence, sexual assault and stalking,oftentreatingsuchactionsascriminaloffenses. Theseformsofmisconductinterfere with the ability of victims to realize the benefits of the educational, cultural and social programs offered by the universities and special schools. Any student, employee or other person participating in institutional activities or using institutional facilities who engages in conduct that would constitute dating violence, domestic violence, sexual assault or stalking, as defined in this policy, or sexual assault, domestic abuse or stalking as defined under South Dakota law, in circumstances that implicate the person’s fitness to study, work, participate in the functions or use the facilities at the institution may be expelled, terminated, denied further participation in institutional programs or use of institutional facilities, or otherwise disciplined, upon notice and opportunity to be heard. The decision to pursue disciplinary charges of dating violence, domestic violence, sexual assault or stalking will not preclude pursuit of additional, related charges arising from the same facts. 2. Each institution will review reports of such conduct to determine whether the employee or student be disciplined, and each institution will establish programs designed to help prevent dating violence, domestic violence, sexual assault or stalking; A. by holding perpetrators accountable for their conduct; B. by encouraging victims to report incidents; and C. by informing students, staff and visitors of: 1) Board policies proscribing, dating violence, domestic violence, sexual assault or stalking, including procedures compliant with Board Policies 1:17 and 1:18 to enforce those policies; 2) strategies individuals may use to protect themselves; 3) contact information for institutional officials responsible for investigating reports of, dating violence, domestic violence, sexual assault or stalking; 4) institutional resources to assist in reporting incidents and preserving evidence; and 5) institutional and community resources to assist victims. 3. As used in this policy, A. Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 1) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. 2) For the purposes of this definition, a) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. b) Dating violence does not include acts covered under the definition of domestic violence. B. Domestic violence means 1) a felony or misdemeanor crime of violence committed a) By a current or former spouse or intimate partner of the victim; b) By a person with whom the victim shares a child in common;
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