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For purposes of addressing complaints of sexual misconduct against or by University students and employees, the following uniform definitions shall be used by the University. Domestic violence includes domestic assault. Under Nebraska law, a person commits domestic assault if the person i intentionally and knowingly causes bodily injury to their intimate partner; ii threatens an intimate partner with imminent bodily injury; or iii threatens an intimate partner in a menacing manner.
There are some persons who Nebraska law ps are incapable of consenting to sexual contact or penetration as defined by Nebraska law by an actor by reason of their age. Under Nebraska law an actor nineteen years of age or older may not subject a person under the age of sixteen years of age to sexual penetration, or a person under fifteen years of age to sexual contact. Although the University does not limit the time frame for reporting sexual misconduct to promote timely and effective review, the University strongly encourages individuals to report possible sexual misconduct within one hundred and eighty calendar days of the last occurrence of the concerning conduct.
A report made after one hundred and eighty days may make it more difficult to gather relevant and reliable information. In addition, all individuals are expected to report conduct that may also violate criminal law to both the Title IX Coordinator and the local law enforcement. These processes are not mutually exclusive and both may happen simultaneously or at different times.
The University shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a Formal Complaint of sexual misconduct, any Complainant, any Respondent, and any witness, except as may be permitted by the Family Educational Rights and Privacy Act FERPA or as required by law, or to carry out the purposes Filley NE sex dating Title IX, including conducting any investigation, hearing, or judicial proceeding arising thereunder.
The University may be required to share information with other individuals in accordance with FERPA, Title IX, or other applicable law, including lawfully issued subpoenas in criminal, administrative, and civil matters. The University will offer supportive measures to Complainants whether or not a Formal Compliant is filed.
Supportive measures are available for both the Complainant and Respondent. The University may place Filley NE sex dating non-student employee Respondent on Administrative Leave or the equivalent during the pendency of the procedures. A Respondent will be pd not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Filley NE sex dating process.
This provision may not be construed to modify any rights under the Individuals with Disabilities Education Act, Section of the Rehabilitation Act ofor the Americans with Disabilities Act. No member of the University community may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this Policy or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.
Intimidation, threats, coercion, or discrimination, including charges against an individual for Student Code of Conduct violations that do not involve sex discrimination or sexual misconduct, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of Filley NE sex dating misconduct, for the purpose of interfering with any right or privilege secured by this Policy, constitutes retaliation.
This Sexual Misconduct Policy will be reviewed at least every two 2 years. The Provost will initiate this review. BRUN, Minutes, 76, p. This requirement not to discriminate extends to admission and employment. Beginning with the University of Nebraska charter inNebraska law has provided that no person shall be deprived of the privileges of this institution because of sex. Discrimination on the basis of sex is also prohibited by federal law.
All members of the University community are expected to Filley NE sex dating themselves in a manner that maintains an environment free from sexual misconduct. Sexual misconduct, which includes domestic violence, dating violence, sexual harassment, sexual assault, sexual exploitation, and stalking, is unacceptable behavior under University of Nebraska policy and against the law.
The University of Nebraska has programs to promote awareness of and to help prevent sexual misconduct, and to assist members of the university community who are affected by such behavior. Scope of Policy This Policy applies to all members of the University of Nebraska community regardless of sexual orientation or gender identity, and to all education programs and activities under the jurisdiction of the University of Nebraska. For the purpose of complaints alleging discrimination under Title IX, education program or activity includes locations events, or circumstances over which the University exercises substantial control over both the Respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.
The President and Chancellors shall implement procedures to address the rights of all individuals involved in cases of alleged sexual misconduct. Prohibited Conduct Definitions For purposes of addressing complaints of sexual misconduct against or by University students and employees, the following uniform definitions shall be used by the University. The type of relationship. The frequency of interaction between the persons involved in the relationship.
A sex offense is Filley NE sex dating sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. Consent can be withdrawn at any time, as long as the withdrawal of consent is clearly communicated by words or actions. Consent cannot be coerced or compelled by force, threat, deception, or intimidation.
A finding of responsibility by a preponderance of the evidence means that it Filley NE sex dating more likely than not, based on all the reasonable evidence and reasonable inferences from the evidence, that the Respondent violated this Policy. Such remedies may include the same supportive measures that are already being provided to Complainant; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Filley NE sex dating.
Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The University will maintain as confidential any supportive measures provided to the Complainant or Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures.
The Title IX Coordinator reviews information about sexual misconduct to identify and address any patterns or systemic problems that arise during the review of such complaints. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Any person may report sex discrimination, including sexual harassment whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment to the Title IX Coordinator.
Awareness, Education, Prevention, and Training Programs As required by federal statutes and administrative regulations, the Office of the President and each Chancellor shall publicize and conduct ongoing programs for new students and employees and other members of the University community to promote awareness of the problems caused by sexual misconduct and to help prevent and attempt to reduce the risk of the occurrence of sexual misconduct. These programs shall include instruction on safe and positive options for bystander intervention that may be carried out by individuals to prevent harm or intervene when there is a risk of sexual misconduct being inflicted on another person.
Training shall be provided to all persons deated as campus security authorities and involved in responding to reports of sexual misconduct. Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution will receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes ability.
Investigators will receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of Formal Complaints of sexual harassment.
The University will make these training materials publicly available on its website, or if the University does not maintain a website the University will make these materials available upon request for inspection by members of the public.
Confidentiality The University shall keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report Filley NE sex dating filed a Formal Complaint of sexual misconduct, any Complainant, any Respondent, and any witness, except as may be permitted by the Family Educational Rights and Privacy Act FERPA or as required by law, or to carry out the purposes of Title IX, including conducting any investigation, hearing, or judicial proceeding arising thereunder.
Resources The President and Chancellors shall disseminate information about University programs and resources available to assist persons who have been subjected to sexual misconduct and about agencies outside the University located throughout the state that provide related services. In addition to Filley NE sex dating resources available to provide counseling, advocacy, and medical treatment, University sexual misconduct programs must provide instruction on the importance of preserving evidence as proof of sexual misconduct, and on the availability of protection orders and other remedies that may be afforded to persons who have been subjected to sexual misconduct.
A person who has or had been involved in a dating relationship, or who has or had a marital, shared residential, or familial relationship with the actor may obtain either a harassment or domestic protection order. Persons who have not been involved in a dating relationship may qualify for a harassment protection order.
The Protection from Domestic Abuse Act makes the Nebraska Department of Health and Human Services DHHS responsible to provide victims of domestic abuse emergency services, support programs, limited medical help and legal assistance in obtaining a protection order. Supportive Measures The University will Filley NE sex dating supportive measures to Complainants whether or not a Formal Compliant is filed. University Disciplinary Procedures Investigations of allegations against students and employees will be addressed using the procedures implemented by the President and Chancellors. The University will follow procedures before imposing any disciplinary sanctions or other actions that are not supportive measures against Respondent for sexual harassment in violation of Title IX.
Nothing in this Policy prevents the University from placing a non-student employee Respondent on Administrative Leave or the equivalent. University internal investigations and any disciplinary or remedial actions are independent of any civil, criminal or external administrative investigation. Filing a Formal Complaint is the first step of a grievance process that determines whether the Respondent is responsible for violating the Policy.
Unless a Formal Complaint is dismissed or resolved during one of the steps of the grievance process, the grievance process will include a preliminary review of the Formal Complaint, an investigation, a hearing, and the opportunity to challenge certain decisions through an appeal. Additionally, an informal resolution process may be available at any time prior to reaching a University determination regarding responsibility.
If applicable, the University may initiate informal resolution or either party may request informal resolution. If the Filley NE sex dating is no longer a student, employee, or participant in any University-related program or activity at the time of the report, or if the conduct does not fall within the scope of the Policy, the Formal Complaint may be dismissed.
The University will, however, help a Complainant identify reporting options outside the University and provide supportive measures. A Respondent is pd not responsible for the alleged conduct unless a determination regarding responsibility by a preponderance of the evidence is made at the conclusion of the grievance process by the decision maker s.
Where a determination of responsibility for sexual misconduct has been made against the Respondent, the University must provide or give the Complainant remedies. If a Respondent is found responsible for a violation, sanctions may be imposed.
Institutional sanctions that may be imposed against students for sexual misconduct range from warning to expulsion. Institutional sanctions against employees range from warning to termination. Institutional sanctions against third parties range Filley NE sex dating loss of privileges to trespass exclusion orders. Retaliation No member of the University community may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this Policy or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.
The University will make these training materials publicly available on its website. For each response to sexual misconduct when the University has actual knowledge, as defined by federal law, the University will create, and maintain for a period of seven years, records of any actions, including any supportive measures, taken in response to a report or Formal Compliant of sexual misconduct.
If the University does not provide a Complainant with supportive measures, then the University will 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 University in the future from providing additional explanations or detailing additional measures taken. Amendments The Board of Regents may amend this Policy at any time, in whole or in part.
There may be times when unexpected issues arise that require prompt action or that involve errors or omissions in the Policy. Examples include a change in federal, state, or local law, the adoption of a new Campus or University policy, the repeal of an existing Campus or University policy, the discovery of a drafting error, or the failure to anticipate a particular situation or type of conduct. If an unexpected issue Filley NE sex dating, the Policy may be amended pursuant to the following procedure: First, the Provost of the University of Nebraska must approve the amendment.
Second, the General Counsel of the University of Nebraska must approve the amendment. Third, the amendment must be reported to the Board of Filley NE sex dating at the next regularly scheduled meeting of the Board. The Provost and the General Counsel may approve an amendment only if each of them separately determines that: the content of the amendment is appropriate and reasonably necessary and the subject matter of the amendment either requires prompt action or involves minor changes that correct errors or omissions in a manner consistent with the purpose and scope of the Policy.
An amendment takes effect when both the Provost and the General Counsel have approved the amendment. The Board has the authority to rescind any such amendment when the amendment is reported to the Board.Filley NE sex dating
email: [email protected] - phone:(371) 386-1767 x 5230
University Sexual Misconduct Policy