50 NSU STUDENT HANDBOOK 2023-24 United States where the institution exercised substantial control over both the respondent and the context in which the alleged violation occurs—including locations that correspond to land, buildings, facilities, and other property in the possession of, or owned, used, or controlled by, the institution, and adjacent streets and sidewalks. For purposes of this policy, the term also includes any building owned or controlled by a student organization that is officially recognized by the institution. 6. Formal complaint: A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against and respondent and requesting that the institution investigate the allegation of sexual harassment. 7. Institution: Black Hills State University, Dakota State University, Northern State University, South Dakota School of Mines and Technology, South Dakota State University, University of South Dakota, South Dakota School for the Deaf and South Dakota School for the Blind and Visually Impaired. 8. Respondent: An individual that has been reported to be the perpetrator of conduct that could constitute a violation of this policy. 9. Sexual harassment: Conduct on the basis of sex that satisfies one or more of the following: 9.1. An employee of an institutional conditioning the provision of education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); or 9.2. Unwelcomeconductthatareasonablepersonwoulddetermineissosevere,pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or 9.3. Sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA), the definitions of which are set forth in BOR Policy 1:17.1. 10. Special Schools: South Dakota School for the Deaf and South Dakota School for the Blind and Visually Impaired. 11. Supportive measures: Non-disciplinary, non-punitive individualized services offered to the complainant or the respondent. 12. Working day: Monday through Friday, except for holidays and other times when the institution’s administrative offices are closed. 13. Written notice: Notice provided either via email to the student and/or employee at their official institutional email account. Notice is deemed received the day after it is sent via email. C. POLICY 1. Scope These procedures apply to allegations of sexual harassment occurring in connection with an institution’s education program or activity. Allegations of harassment not constituting sexual harassment shall be handled pursuant to BOR Policy 1:18 and/or 3:4, as appropriate. 2. Institutional Response An institution with actual knowledge of sexual harassment in connection with an education program or activity must respond promptly in a manner that is not clearly unreasonable in light of the known circumstances. An institution must treat complainants and respondents equitably by offering supportive measures, with or without the filing of a formal complaint, and when a formal complaint is filed, by following the grievance process outlined below prior to the imposition of any disciplinary sanctions or other actions that are not supportive measures.
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