Compliance and Definitions
Northeast Community College, hereinafter the “College”, is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from discrimination and harassment based on a protected category, and retaliation for engaging in a protected activity.
To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program or activity, the College has developed internal procedures that provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of protected class status, and for allegations of retaliation.
The College values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in its procedures during what is often a difficult time for all those involved.
Questions regarding Title IX or these procedures, including its application and/or concerns about noncompliance, should be directed to the Title IX Coordinator. All complaints or any concerns about conduct that may violate this policy and retaliation should be filed with:Jessica Dvorak
Title IX Coordinator
LLC Suite 100
801 East Benjamin Ave, Norfolk, NE 68701
These procedures apply to the educational programs and activities of the College, to conduct that takes place on the campus or on property owned or controlled by the College, or at College-sponsored events. The Respondent must be a member of the College community in order for its policies and procedures to apply.
These procedures can also be applicable to the effects of off-campus misconduct that effectively deprive someone of access to the College’s educational programs. The College may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial College interest.
Regardless of where the conduct occurred, the College will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial institutional interest includes:
- Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
- Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual;
- Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
- Any situation that is detrimental to the educational interests or mission of the College.
If the Respondent is unknown or is not a member of the College community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report. Further, even when the Respondent is not a member of the College community, supportive measures, remedies, and resources may be accessible to the Complainant by contacting the Title IX Coordinator.
In addition, the College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from College property and/or events. All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers or to these procedures to which their employer has agreed to be bound by their contracts.
When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies.
Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences sexual harassment or retaliation in a cooperative internship, study abroad program, or other environment external to the College where sexual harassment policies and procedures of the facilitating or host organization may give recourse to the Complainant.
Advisor: A person chosen by a party or appointed by the College to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
Complainant: An individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or, an individual who is alleged to be the victim of retaliation for engaging in a protected activity.
Confidential Resource: An employee who is not a Mandated Reporter of notice of harassment and/or retaliation.
Day: A business day when the College is in normal operation.
Discrimination: Conduct on the basis of protected class status that excludes an individual from participation, denies the individual the benefits of, treats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a College program or activity.
Education program or activity: Locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the sexual harassment occurs.
Final Determination: A conclusion by a preponderance of the evidence that the alleged conduct did or did not violate policy.
Finding: A conclusion by preponderance of the evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).
Formal Complaint: A document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging harassment, discrimination, or retaliation for engaging in a protected activity against a Respondent and requesting that the College investigate the allegation.
Formal Grievance Process: A method of formal resolution designated by the College to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 C.F.R. Part 106).
Hearing Decision-Maker/Chair: Refers to the individual who has decision-making and sanctioning authority within the College’s Formal Grievance process.
Investigator: The person or persons charged by the College with gathering facts about an alleged violation, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
Mandated Reporter: A College employee who is obligated to share knowledge, notice, and/or reports of harassment and/or retaliation with the Title IX Coordinator.
Notice: When an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
Official with Authority (OWA): A College employee explicitly vested with the responsibility to implement corrective measures for sexual harassment and/or retaliation on behalf of the College.
Preponderance of the Evidence: The standard of evidence applied in determining a violation of policy. Generally considered to be “more likely than not” or “the greater weight of the evidence.”
Remedies: Post-finding actions following a determination of a violation of policy, provided to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the College’s educational programs.
Reporter: The individual providing the notice of harassment and/or retaliation.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute harassment based on a protected class, sexual exploitation, or retaliation for engaging in a protected activity.
Resolution: The result of an informal or Formal Grievance Process.
Sanction: A consequence imposed by the College on a Respondent who is found to have violated policy.
Sexual Exploitation: When a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.
Sexual Harassment: The umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence as set forth in Title IX regulations (34 C.F.R. § 106.30) and identified in detail in these procedures.