Metropolitan Community College prohibits and is committed to preventing the crimes of dating violence, domestic violence, sexual assault, stalking and other acts of sexual misconduct, sexual discrimination and harassment within the College community, as defined by the VAWA, Title IX, by Nebraska law and by College policy. These incidents may interfere with or limit an individual’s ability to benefit from or fully participate in the College’s educational programs. Additionally, these incidents may cause serious physical and/or psychological harm.
Definitions:
MCC has adopted the following definition of sexual harassment to address the unique environment of an academic community.
Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation and/or gender identity of those involved.
Sexual harassment, as an umbrella category, includes the actual or attempted offenses of sexual harassment, sexual assault, domestic violence, dating violence and stalking, and is defined as:
Conduct on the basis of sex or that is sexual that satisfies one or more of the following:
- Quid Pro Quo:
- An employee of MCC
- Conditions the provision of an aid, benefit or service of MCC
- On an individual’s participation in unwelcome sexual conduct
- Sexual Harassment
- Unwelcome conduct
- Determined by a reasonable person
- To be so severe and
- Pervasive and
- Objectively offensive
- That it effectively denies a person equal access to MCC education programs or activities
- Sexual Assault means an offense that meets the definition of rape, fondling, incest or statutory rape. A sex offense is any 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.
- Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of the victim’s age or because of the victim’s temporary or permanent mental incapacity.
- 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.
- Dating Violence, Defined as:
- Violence
- On the basis of sex
- Committed by a person
- Who is in or has been in a social relationship of a romantic or intimate nature with the Complainant
- The existence of such a relationship shall be determined based on the Complainant’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.
- For the purposes of this definition:
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse
- Dating violence does not include acts covered under the definition of domestic violence
- Domestic Violence, Defined as:
- Violence
- On the basis of sex
- Committed by a current or former spouse or intimate partner of the Complainant
- By a person with whom the Complainant shares a child in common or
- By a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner or
- By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Nebraska or
- By any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Nebraska
*To categorize an incident as domestic violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship
- Stalking, Defined as:
- Engaging in a course of conduct
- On the basis of sex
- Directed at a specific person that
- Would cause a reasonable person to fear for the person’s safety or
- The safety of others or
- Suffer substantial emotional distress
For the purposes of this definition:
- Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
- Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
*An action is “without that person’s consent” when it is inflicted upon a person who has not freely and actively given consent. “Consent” is an understandable exchange of affirmative actions or words which indicate an active, knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent is not freely given when it is in response to force or threat of force or when a person is incapacitated by the (voluntary or involuntary) use of drugs or alcohol, or when the person is otherwise physically helpless, and the person performing the act knows or should reasonably know that the other person is incapacitated or otherwise physically helpless. A person is not required to physically resist sexual conduct in order to show lack of consent. Past consent for sexual activity does not imply ongoing future consent.
Privacy and Confidentiality
Every effort is made by MCC to preserve the privacy of reports. MCC will not share the identity of any individual who has made a report or complaint of harassment or retaliation; any Complainant; any individual who has been reported to be the perpetrator of sexual harassment or retaliation; any Respondent; or any Witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing or grievance proceeding arising under MCC policies and procedures. MCC reserves the right to determine which MCC officials have a legitimate educational interest in being informed about incidents that fall within MCC policy, pursuant to FERPA. Only a small group of officials who need to know will typically be told about the complaint, including but not limited to: Student Intervention Team and MCC Police (when applicable).
Mandated Reporting
All MCC employees (faculty, staff and administrators) are expected to report actual or suspected sexual harassment or retaliation to appropriate officials immediately. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.
Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party. Complainants may want to carefully consider whether they share personally identifiable details with nonconfidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.
Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs, do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from MCC.
Confidential resources: If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with off-campus (nonemployees):
- Licensed professional counselors and other medical providers
- Local rape crisis counselors
- Domestic violence resources
- Local or state assistance agencies
- Clergy/chaplains
- Attorneys
All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics and/or professional credentials, except in extreme cases of immediacy of threat or danger, or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.
Community Support Services
Metropolitan Community College encourages students who are survivors of sexual assault and harassment to seek medical and counseling services.
Visit nebraskacoalition.org/Get_Help for resources available to persons who report being the victim of sexual assault, domestic violence, dating violence or stalking.
How to Report Sexual Misconduct
You are encouraged to report and may utilize any or all of the following options:
- Make a complaint to the MCC Title IX Coordinator. This begins an administrative process that could result in college-related sanctions. This is not a criminal process.
- For Students:
Julie Langholdt, M.A.
Dean of Student Advocacy and Accountability
jlangholdt@mccneb.edu, 531-622-2202
- For Employees:
Cynthia Gooch-Grayson, Ph.D.
Associate vice president, Access, Opportunity and TRIO Programs
ckgoochgrayson@mccneb.edu, 531-622-2649
- Missy Beber:
Vice president of Human Resources
mlbeber@mccneb.edu, 531-622-2236
- Make a report to the appropriate law enforcement agency. This could result in criminal action being taken, such as criminal charges.
- Engage with confidential support and advocacy services. If reporting parties wish that the details of an incident be kept confidential, they should speak with resources who can maintain confidentiality. This will not result in any criminal charges or college-related sanctions. This does not limit your ability to report to law enforcement or the Title IX Coordinator in the future.
Local Agencies
- Women’s Center for Advancement (formerly the YWCA)
Hotline phone: 402-345-7273
Business phone: 402-345-6555
wcaomaha.org
- Catholic Charities — The Shelter
Hotline phone: 402-558-5700
Business phone: 402-558-5700
- Catholic Charities DV/SA Program
Hotline phone: 712-328-0266
Business phone: 712-256-2059
- Heartland Family Service Hotline phone: 800-523-3666
Business phone: 402-552-7400
heartlandfamilyservice.org
Special services: disabled, elderly, family, under 12, teen, Spanish
- Bridge Crisis Center
Hotline phone: 402-727-7777
Business phone: 402-721-4340
- Voices of Hope
Hotline phone: 402-475-7273
Business phone: 402-476-2110
- Seek emergency medical care. A Sexual Assault Nurse Examiner (SANE) at the hospital will offer you a sexual assault forensic exam for DNA evidence collection as well as sexually transmitted infection (STI) prevention, HIV prevention, emergency contraception and injury evaluation and treatment.
Supportive Measures
MCC will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sexual harassment and/or retaliation.
Supportive measures are nondisciplinary, nonpunitive individualized services offered as appropriate, as reasonably available and without fee or charge to the parties to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment and/or deter sexual harassment and/ or retaliation. The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, MCC will inform the Complainant that they may file a complaint with MCC either at that time or in the future, if they have not done so already.
The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented. MCC will maintain the privacy of the supportive measures, provided that privacy does not impair the College’s ability to provide the supportive measures. MCC will act to ensure as minimal an academic/occupational impact on the parties as possible. MCC will implement measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to:
- Referral to counseling, medical and/or other health care services
- Referral to the Employee Assistance Program
- Referral to community-based service providers
- Referral for Visa and immigration assistance
- Student financial aid counseling
- Education to the institutional community or community subgroup(s)
- Altering work arrangements for employees or student-employees
- Safety planning
- Providing campus safety escorts
- Implementing contact limitations (no contact orders) between the parties
- Academic support, extensions of deadlines or other course/program-related adjustments
- No trespass
- Timely warnings
- Class schedule modifications, withdrawals or leaves of absence
- Increased security and monitoring of certain areas of the campus
- Any other actions deemed appropriate by the Title IX Coordinator
Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.
What to expect if you make a complaint to the College:
- Intake: The Title IX Coordinator will assist the reporting party with making choices and accessing resources. Assuming the reporting party chooses to move forward with a college resolution, the next step is a preliminary inquiry.
- 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 takes into account 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: 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.
- Hearing: The College will conduct a hearing to determine whether there was a violation of College policy.
- 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 change to the results that occurs prior to the time that such results become final and when results are considered to be final.
- Appeals: Students involved in Title IX proceedings may appeal decisions. All parties are included in any appeal reconsideration and have equal rights of participation.
Resolution Timeline
MCC will make a good faith effort to complete the resolution process within a 60-90 business day time period, including appeal, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.
Ensuring Impartiality
Any individual materially involved in the administration of the resolution process [including the Title IX Coordinator, Investigator(s) and Decisionmaker( s)] may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent. The Title IX Coordinator will vet the assigned Investigator(s) to ensure impartiality by confirming there are no actual or apparent conflicts of interest or disqualifying biases. The parties may at any time during the resolution process raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Pool member will be assigned and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the vice president for Student Affairs. The Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy violation and evidence that supports that the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent or Witness.
MCC operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.
Advisors in Sexual Harassment Procedures
The parties may each have an Advisor of their choice present with them for all meetings, interviews and hearings within the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available. The Advisor may be a friend, mentor, family member, attorney or any other individual a party chooses to advise, support and/or consult with throughout the resolution process. The parties may choose Advisors from inside or outside the MCC community. The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. If the parties choose an Advisor from the pool available from MCC, the Advisor will be trained by MCC and be familiar with the College’s resolution process. If the parties choose an Advisor from outside the pool of those identified by MCC, the Advisor may not have been trained by MCC and may not be familiar with the College’s policies and procedures. Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing.
Possible Sanctions
The following are the usual sanctions that may be imposed upon students:
- Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any MCC policy, procedure or directive will result in more severe sanctions/responsive actions.
- Required Counseling: A mandate to meet with and engage in counseling to better comprehend the misconduct and its effects.
- Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student is found in violation of any institutional policy, procedure or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from cocurricular activities, exclusion from designated areas of campus, no-contact orders and/or other measures deemed appropriate.
- Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at MCC.
- Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend MCC-sponsored events.
- Other Actions: In addition to or in place of the above sanctions, MCC may assign any other sanctions as deemed appropriate.
Appeals
Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the Title IX Coordinator within five days of the delivery of the Notice of Outcome.
Appeals are limited to the following grounds:
- Procedural irregularity that affected the outcome of the matter
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter and
- The Title IX Coordinator, Investigator(s) or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.
If any of the grounds in the Request for Appeal are not in accordance with those specified in this Policy, the Appeal Officer will deny the request. The parties and their advisors will be notified in writing of the denial and the rationale.
Retaliation
Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation and/or acting in good faith to oppose conduct that constitutes a violation of this policy. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated.
MCC will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation. MCC and any member of the MCC community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding or hearing under this policy and procedure.
The exercise of rights protected under the First Amendment does not constitute retaliation.