What is Title IX?

Sexual misconduct, including sexual harassment, sexual violence, sexual exploitation, intimate partner violence, and stalking, is a violation of the college’s civil rights policies and procedures and its sexual misconduct policy. A number of federal laws and regulations, including Title IX, the Violence Against Women Act and the Clery Act mandate how institutions respond to such allegations. Many types of sexual misconduct also constitute violations of Nebraska law.

Members of the campus community, guests and visitors have a right to be free from sexual misconduct. All members of the community must conduct themselves in a way that does not infringe upon the rights of others.

The college’s sexual misconduct policy is intended to define expectations for appropriate conduct and outline processes for resolving conduct that does not meet those expectations. When individuals accused of sexual misconduct are found to be in violation of the policy, the college will impose serious sanctions, as noted on the What is Sexual Harassment page.

All members of the campus community, guests and visitors are protected by this policy regardless of their sexual orientation or gender identity. The college has jurisdiction over all acts of sexual misconduct involving members of the campus community, no matter where they occur, whether on- or off-campus.

For more details on this policy, please see the college’s civil rights policies and procedures (PDF).

Additional information about campus crime, state laws and disclosures related to sexual misconduct can be found online in the Annual Security and Fire Safety Report (PDF).

Intake

A college official will assist the reporting party with making choices and accessing resources. Assuming the reporting party chooses to move forward with a campus resolution, the next step is a preliminary inquiry.

All resolutions will be conducted by campus officials who receive annual training on issues related to intimate partner violence, dating violence, sexual assault and stalking. This training also includes how to conduct an investigation that protects victims’ safety and promotes accountability.

The institution will protect the confidentiality of victims, consistent with federal law. Title IX-related resolutions are not subject to publicly available recordkeeping provisions. Any release of information about a resolution will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.

Preliminary Inquiry

An initial determination is made about the allegations and whether to move them forward to a formal investigation. This decision is made by the Title IX coordinator, who considers the nature of the allegations and the reporting party’s wishes. If the decision is made to move forward, the coordinator refers the allegations to investigators.

Investigations

An investigative model is used to resolve allegations. Trained investigators will provide an investigation that is prompt, thorough, reliable, equitable, fair and impartial. They will interview reporting and responding parties and witnesses and prepare reports with their findings and sanctioning recommendations.

Standard of Evidence

The college uses a preponderance of evidence standard. Decision makers consider whether, given the available credible evidence, it is more likely than not that a violation occurred.

Final Determination

The parties will be informed in writing of the outcome of the resolution, without significant delay between the notifications to each party. This notice will include the procedures for appealing the decision, any changes to the results that occur before they become final and when the results are considered final.

Appeals

Students involved in sexual misconduct proceedings may appeal decisions. All parties are included in any appeal reconsideration and have equal rights to participate.

To make informed choices, all parties should be aware of confidentiality and privacy issues as well as institutional mandatory reporting requirements.

Confidential Reporting

If reporting students wish for the details of an incident to be kept confidential, they should speak with campus mental health practitioners provided through the Student Assistance Program. The service is free of charge for up to 12 sessions. Members of the clergy, chaplains and off-campus sexual assault crisis center staff can maintain confidentiality and have no duty to report your information to the college.

Mandated Reporting

All college employees who are not designated above as confidential are mandated reporters for all the details of which they are aware about an incident. They share this information with the Title IX coordinator.

Incidents of sexual misconduct will be taken seriously by the college. Such incidents of sexual misconduct will be investigated and resolved promptly and equitably under the college’s resolution procedures, which are discussed in the college’s civil rights policies and procedures (PDF).

Incidents Involving Minors

Please be aware that institutional duties with respect to minors (those under the age of 19) may require reporting sexual misconduct incidents to state agencies and/or local law enforcement. As a result, confidentiality cannot be guaranteed in sexual misconduct incidents involving minors.

The college strives to provide members of the campus community with fair and equitable resolution processes that include both formal and informal options.

Reporting

• Reporting parties have the right to notify law enforcement of incidents and to receive assistance from campus personnel in doing so.
• Reporting parties may decline to report to law enforcement if they so wish.
• Reporting parties have the right to have their allegations investigated and resolved internally by the college.
• All members of the campus community have the right to have reported incidents addressed according to the published college procedures (PDF).
• All parties have equal opportunities to have a support person of their choosing or one offered by the institution, present throughout all resolution proceedings (including intake, interviews, etc.). This person can be an advisor, advocate, attorney, family member, friend, or faculty member.
• All parties have the right to written notice of the outcome of sexual misconduct resolution proceedings.
• Reporting parties and witnesses will receive amnesty for minor infractions (e.g., alcohol and drug violations) that are secondary to incidents of sexual misconduct.
• Reporting parties, their supporters and witnesses have a right to be free from retaliation.
• Students and employees have a right to be notified of their ability to access counseling and health services.
• Students and employees have a right to be notified of on- and off-campus supportive resources.
• All parties involved in sexual misconduct allegations will receive the information and assistance needed to effectively participate in all proceedings.
• Reporting parties have the right to seek orders of protection, no-contact orders, restraining orders or similar lawful orders issued by criminal, civil or tribal courts and may seek the help of campus security in requesting and/or enforcing the order.

Fairness

• All members of the campus community have the right to have reported incidents addressed according to the published college procedures (PDF).
• All parties have equal opportunities to have a support person of their choosing or one offered by the institution, present throughout all resolution proceedings (including intake, interviews, etc.). This person can be an advisor, advocate, attorney, family member, friend, or faculty member.
• All parties have the right to written notice of the outcome of sexual misconduct resolution proceedings.
• Reporting parties and witnesses will receive amnesty for minor infractions (e.g., alcohol and drug violations) that are secondary to incidents of sexual misconduct.
• Reporting parties, their supporters and witnesses have a right to be free from retaliation.

Support

• Students and employees have a right to be notified of their ability to access counseling and health services.
• Students and employees have a right to be notified of on- and off-campus supportive resources.
• All parties involved in sexual misconduct allegations will receive the information and assistance needed to effectively participate in all proceedings.
• Reporting parties have the right to seek orders of protection, no-contact orders, restraining orders or similar lawful orders issued by criminal, civil or tribal courts and may seek the help of campus security in requesting and/or enforcing the order.

The college may take whatever steps are deemed necessary to appropriately respond to allegations of sexual misconduct, protect students’ rights and keep members of the campus community safe from further harm.

Measures include, but are not limited to:

• Issuing interim suspensions pending an investigation.
• Reporting incidents to local police and/or prosecutors.
• Referring to counseling and health services.
• Referring to the Student Assistance Program.
• Providing education to the community.
• Altering the housing situation of the parties involved.
• Altering work arrangements for employees.
• Providing campus escorts.
• Providing transportation assistance.
• Implementing contact limitations between the parties.
• Offering adjustments to academic deadlines, course schedules, etc.

These measures are available regardless of whether a reporting party seeks formal resolution or makes a crime report.