For Definitions of Terms please click Here

Reporting

Reports can be filed by the alleged victim or a third party who is aware of allegations of sexual violence or sex harassment, including other students or College employees. Reports should be filed with one of the designated College administrators and/or employees responsible for student services, as follows:

• President
• Vice Presidents
• Deans (of academic programs and of students)
• College Title IX Coordinator and Designees (contact information is listed below)
• Housing/Residence Life Staff to include: Directors, Managers, Assistant Directors, Community Coordinators, Senior Residence Hall Advisors, Residence Hall Advisors
• Coaches and Assistant Coaches
• Campus Security: 308-432-6037

Reports to the above designated administrators or employees will constitute “notice” to the College for the purposes of considering an investigation and institutional response in conjunction with the Title IX Coordinator. College employees (even medical or mental health professionals identified below) are required by law to report any allegations of sexual abuse or assault of a minor to either law enforcement or the Department of Health and Human Services. Exception Regarding Employee Reporting: The law recognizes and protects the confidentiality of communications between a person seeking care and a medical or mental health professional. Medical or mental health professionals employed by the Colleges (Licensed Student Counselors and Nurses) respect and protect confidential communications from students, faculty, and staff to the extent they are legally able to do so. Employees may have to breach a confidence, however, when they perceive an immediate and serious threat to any person or property.

Chadron Police Department: The College encourages individuals to file a report with the Nemaha County Sheriff’s Department in the event of sexual violence or sex harassment. A member of Campus Security or a College employee can accompany you to make the report at your request.

CSC Title IX Office: Students are encouraged to report any incidents of sexual violence and sex harassment to Title IX Coordinator Morgan Cullan by emailing titleixcoordinator@musicfromtheinsideout.com or calling 308-430-0980.

Anonymously: The College offers an anonymous reporting site for all violations of Peru State College policy including sexual assault, rape, stalking, relationship violence and sexual harassment. If a potential Title IX violation has been reported, this report will be sent to the Title IX Coordinator for investigation and follow-up, all other policy violation reports will be reviewed by the Dean of Student Life.  Please note, by filing an anonymous report, limitations in information provided may prevent the College from completing a thorough investigation.

Anonymous Reporting Form

Confidentiality

The College appreciates the privacy concerns inherent in allegations of sexual violence or sex harassment. To protect students’ privacy rights, the names of students or other identifying information, especially that which is contained in written documents and notes, will only be disclosed to third parties if; (a) prior written permission is given by the student concerned; (b) the disclosure is necessary to conduct an investigation; (c) the disclosure is necessary to pursue disciplinary action; or, (d) the disclosure is otherwise required by law.

Victims will be informed that the College has a legal duty to include information about reports of criminal sexual misconduct in annual security report statistics which do not identify either the person claiming to have been subject to criminal sexual misconduct or the alleged perpetrator.

If an alleged victim is under the age of eighteen (18) years, the college will obtain consent from the parents or guardians prior to beginning an investigation or disclosing information, unless otherwise required by law. If the alleged victim requests confidentiality, asks that the report not be pursued, or declines to participate in an investigation or disciplinary proceeding, the college will document the request. The college will take reasonable steps to investigate and respond to reports consistent with such a request, if possible. Requests will be evaluated and weighed against the College’s responsibility to provide a safe and nondiscriminatory environment.

Disciplinary Processes and Consequences

Processes and procedures described in Board Policies 3100 and 3200 may be used subsequent to a sexual violence or sex harassment investigation to address cases of student misconduct, due process and discipline. If the alleged perpetrator is an employee, other Board Policies or Collective Bargaining Agreements will determine the due process steps and disciplinary consequences.

Disciplinary consequences may include, but are not limited to: warnings, disciplinary probation, loss of privileges, restitution, remedial work assignments, remedial educational requirements, service requirements, remedial behavioral requirements, College housing relocation, College housing suspension, removal from College housing, suspension, and expulsion.

Law Enforcement

Alleged victims should be advised that physical evidence can be collected at the same time as medical care is provided, but that medical evidence for a criminal prosecution cannot be collected without a report being made to local law enforcement. It is important that students make an informed decision regarding important physical evidence that can be preserved. While students are not required to notify law enforcement authorities regarding a report of sexual violence or sex harassment, reports still need to be filed with Campus Security to inform them that an act of violence may have occurred. Campus Security shall notify the Title IX Coordinator, who is responsible for coordinating the College response to the reports of sexual violence and sex harassment. Pursuant to federal law, the College has a legal responsibility for documenting and reporting an incidence of sexual violence and sex harassment.

Regardless of whether or not the law enforcement authorities choose to prosecute a reported offense, the college can pursue formal disciplinary action against a student or employee alleged to have committed sexual violence or sex harassment.

Title IX Coordinators

Morgan Cullan, Interim
Chadron State College
1000 Main Street
Chadron, NE 69337
308-430-0980

Eulanda Cade
Peru State College
P.O. Box 10
Peru, NE 68421-0010
402-872-2230

Alicia Dorcey
Wayne State College
1111 Main Street
Wayne, NE 68787
402-375-7289

Investigation Procedures

Note: While this policy and procedures are written primarily for the benefit of students, the same procedures shall also apply in the event either the individual reporting the sexual violence or sex harassment, or the alleged perpetrator, is not a student. Similarly, while the procedures assume that the incident occurred on or near college property or at an official College function or activity, some of these procedures may also apply if an alleged incident occurs off-campus or in a setting unrelated to college functions/activities.

1) An initial report may occur by telephone, email, in writing, or in person. When an initial report of sexual violence or sex harassment is received by any designated administrator or employee (listed in this Policy under “Reporting”), the initial report shall be shared with the Title IX Coordinator as quickly as possible.

2) The Title IX Coordinator or designee will contact the alleged victim for the following purposes:

• To ask questions in order to gain a better understanding regarding the nature of the incident;
• To explain confidentiality and reporting requirements;
• To explain the investigatory process, law enforcement options, and possible consequences;
• To provide information about resources that are available to the individual; and,
• To ask if the alleged victim wishes for the report to be pursued through an investigation or not. (If the alleged victim requests confidentiality, or asks that the report not be pursued, the College will take all reasonable steps to investigate and respond to the report consistent with the request for confidentiality or request not to pursue an investigation, if possible. The request will be evaluated and weighed against the College’s responsibility to provide a safe and nondiscriminatory environment.)

3) The Title IX Coordinator or designee, after consultation with the NSCS General Counsel, will determine if an investigation will be conducted.

4) If an investigation will be conducted, the Title IX Coordinator or designee will immediately begin an investigation and will take steps to complete the investigation within sixty (60) business days after receipt of the report, if possible. The College is committed to a complete and impartial investigation of reports of sexual violence or sex harassment, including the opportunity for both parties to present witnesses and other evidence. Investigations will occur as quickly as possible, but the complexity of the investigation, the severity and the extent of the harassment, or number of involved parties can impact the duration. The investigation shall consist of:

• Reviewing all related written statements or reports;
• Interviewing the alleged victim, alleged perpetrator and other witnesses;
• Reviewing applicable College records; and,
• Reviewing other relevant material and evidence.

5) The Title IX Coordinator or designee will provide parties involved in the investigation with periodic updates while an investigation is pending, consistent with Family Educational Rights and Privacy Act (FERPA) restrictions.

6) At the conclusion of the investigation, the Title IX Coordinator or designee will make a determination regarding the report using a “preponderance of the evidence” standard (more likely than not that sexual violence or harassment occurred) and will provide the recommendation to the Vice President responsible for Student Affairs and the President.

7) Within ten (10) working days from receipt of the Title IX Coordinator’s or designee’s recommendation, the Vice President will issue a written statement to the alleged victim, the alleged perpetrator and the Title IX Coordinator regarding the outcome of the investigation and a decision as to whether or not disciplinary proceedings will commence. In the event that disciplinary proceedings commence at the conclusion of the investigation, the College has an obligation to disclose the outcome of the disciplinary proceedings to the student who reports being the victim of sexual violence.

8) If the alleged victim and alleged perpetrator agree with the decision of the Vice President, the matter is considered resolved without any further rights of appeal by either party. If either the alleged victim or the alleged perpetrator object to the decision of the Vice President, either individual may appeal the decision in writing to the President within seven (7) calendar days. The President will review the matter and then issue his/her decision to; (a) affirm the Vice President’s decision; (b) refer the matter for further investigation; or, (c) refer the matter for disciplinary proceedings. The President’s decision will be final.

Note: Title IX prohibits retaliation for reporting parties and any individuals participating in an investigation. The College will not only take steps to prevent retaliation but will also take strong responsive action if it occurs. Resources and Assistance The Title IX Coordinator or Designee will have available contact and referral information for counseling/mental health services, medical services, law enforcement, judicial remedies/restraining orders, and educational resources, and will share resource information with victims and alleged perpetrators. Assistance options including, College no contact orders, changes in academic, living, transportation and working situations may be made available as remedies to protect victims or witnesses.