any person who facilitates an informal resolution process. Institutions must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public. 10.2. For each response required under section 10.1 above, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, the recipient must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the institution’s education program or activity. If an institution does not provide a complainant with supportive measures, then the institution must document the reasons why such a response was not clearly unreasonable in light of the known circumstances. The documentation of certain bases or measures does not limit the recipient in the future from providing additional explanations or detailing additional measures taken. FORMS / APPENDICES: None SOURCE: BOR August 2020 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. 62 NSU STUDENT HANDBOOK 2024-25
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