Policy statement
MCC prohibits and is committed to preventing crimes such as dating violence, domestic violence, sexual assault, stalking and other acts of sexual misconduct, sexual discrimination and harassment within the College community, as defined by Violence Against Women Act (VAWA), Title IX, Nebraska law and College policy. These incidents can interfere with or hinder 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.
Violence Against Women Act
The Violence Against Women Act (VAWA) is a landmark law designed to improve criminal justice and community responses to domestic violence, dating violence, sexual assault and stalking in the United States. Since it was enacted in 1994 and reauthorized in 2000, 2005 and 2013, VAWA has changed the environment for victims who previously remained silent. Victims of these crimes can now access various services, and a new generation of families and justice system professionals understand that domestic violence, dating violence, sexual assault and stalking are serious crimes that society will no longer tolerate.
Title IX
Title IX is a significant federal civil rights law passed in 1972 that bans sexual harassment, gender-based discrimination and sexual violence. Title IX states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Under Title IX, Congress can withhold federal funds from colleges or universities that permit sexual discrimination or fail to respond properly to such discrimination. Although Title IX is best known for promoting gender equality in sports, its protections are broader. It covers all forms of sexual discrimination, including harassment, misconduct and violence. Title IX emphasizes three main types of prohibited discrimination:
- (1) disparate treatment
- (2) disparate impact and
- (3) retaliation
The law applies equally to students, staff and faculty, and it protects students and employees at educational institutions from sexual harassment by any school employee, student or third party who is not an employee.
Clery Act and VAWA definitions
For purposes of Clery Act crime classification, statistical reporting and the disclosures contained in this ASR, MCC uses the applicable federal Clery Act and VAWA definitions. These definitions are used for Clery Act reporting purposes and may differ from definitions contained in the College’s Title IX, discrimination and harassment, student conduct, employee or other College policies.
Dating violence
Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on the reporting party’s statement and consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
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
Domestic violence includes a felony or misdemeanor crime of violence committed by a:
- current or former spouse or intimate partner of the victim;
- person with whom the victim shares a child in common;
- person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- person similarly situated to a spouse of the victim under applicable domestic or family violence laws; or
- another person against an adult or youth victim who is protected from that person’s acts under applicable domestic or family violence laws
Stalking
Stalking means engaging in a course of conduct 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 purposes of this definition, a course of conduct means two or more acts, including acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, communicates to or about a person, or interferes with a person’s property.
A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Sexual assault
Sexual assault means an offense that meets the applicable federal definition of rape, fondling, incest or statutory rape. The definitions of these offenses used by MCC for Clery Act statistical reporting are provided below.
MCC policy definitions
The following definitions are used to determine whether conduct may violate applicable MCC policies. These institutional definitions may differ from the federal definitions used to classify and report crimes under the Clery Act. The classification of an incident for Clery Act reporting purposes does not determine whether an individual violated MCC policy and a determination under an MCC disciplinary process does not, by itself, determine how an incident is classified for Clery Act statistical reporting.
Acts of sexual harassment can be committed by anyone against any other person, regardless of their sex, sexual orientation or gender identity.
Sexual harassment, as a broad category, includes actual or attempted offenses like sexual harassment, sexual assault, domestic violence, dating violence and stalking. It is defined as:
Conduct on the basis of sex or that is sexual and 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
- Pervasive
- Objectively offensive
- 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 is defined as the following:
- 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 is defined as the following:
- 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
- By a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner
- By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Nebraska
- 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 is defined as the following:
*An action is considered “without that person’s consent” when it is imposed on someone who has not freely and actively given permission. “Consent” is a clear exchange of affirmative actions or words that show an active, informed and voluntary agreement to engage in mutually agreed-upon sexual activity. Consent is not freely given when it results from force, threat of force or when a person is incapacitated by voluntary or involuntary drug or alcohol use, or when the person is otherwise physically helpless and the individual performing the act knows or should reasonably know that the other person is incapacitated or physically helpless. A person does not need to resist to demonstrate a lack of consent physically. Past consent for sexual activity does not imply ongoing future consent.
See the appendix for Nebraska laws regarding sexual assault/consent.
Mandated reporting
All MCC employees (faculty, staff and administrators) are required to report actual or suspected sexual harassment or retaliation to the appropriate officials immediately. To assist in making informed decisions, it is crucial to understand confidentiality and mandatory reporting requirements when consulting campus resources. If a Complainant expects formal action regarding their allegations, reporting to any mandated reporter can connect them with resources to report crimes and/or policy violations. These employees will promptly forward reports to the Title IX coordinator (and/or police, if the Complainant prefers), who will take appropriate action upon receiving an incident report.
Employees must also promptly share all details of behaviors covered by this policy that they observe or know about, even if they were not reported to them by a Complainant or third party. Complainants should carefully consider whether they want to share personally identifiable information 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 need to be reported to the Title IX coordinator by employees unless the Complainant clearly states that they want a report to be made or requests a specific response from MCC.
Confidential resources:
MCC does not employ pastoral counselors or licensed professional counselors who provide counseling services to members of the College community while acting within the scope of a pastoral or professional counselor role.
Students and employees may obtain confidential counseling, advocacy, pastoral and related services from off-campus providers identified in the College and Community Resources section of this ASR.
- 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 individuals listed above will keep confidentiality when acting within the bounds of their licensure, professional ethics and/or credentials, except in urgent cases of immediate threat or danger, or abuse of a minor, elder or a person with a disability, or when legally required to disclose by law or court order.
Privacy and confidentiality
MCC makes every effort to protect the privacy of reports. MCC will not disclose the identity of anyone who has reported harassment or retaliation; any Complainant; anyone reported as 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. Disclosures may also occur to carry out purposes of 34 CFR Part 106, such as conducting investigations, hearings or grievance processes under MCC policies. MCC retains the right to decide which MCC officials have a legitimate educational interest in knowing about incidents covered by MCC policy in accordance with FERPA. Usually, only a limited group of officials who need to know will be informed about the complaint, including but not limited to the Student Care Team and MCC Police (when applicable).
Procedures victims should follow after an act of dating violence, domestic violence, sexual assault or stalking
If dating violence, domestic violence, sexual assault or stalking occurs, the victim’s immediate safety and well-being are the first priorities. Victims are encouraged to seek assistance and consider the reporting, medical, supportive and legal options available to them. A victim may choose whether to report the incident to law enforcement and may also report the incident to the College. Reporting an incident to MCC does not require a victim to make a criminal report to law enforcement.
Preserving evidence
Victims are encouraged to preserve evidence following an incident of dating violence, domestic violence, sexual assault or stalking. Preserving evidence may be important in proving that an alleged criminal offense occurred, establishing a pattern of behavior, supporting a College complaint or investigation or obtaining a protection order.
Following a sexual assault, if possible, a victim should avoid bathing, showering, douching, brushing their teeth, changing clothes, eating, drinking, smoking or otherwise cleaning themselves before seeking medical attention or a forensic examination. If clothing is changed, items that may contain evidence should be placed separately in paper bags rather than plastic bags. Even if a victim has already taken some of these actions, the victim may still seek medical care or a forensic examination.
For dating violence, domestic violence or stalking, victims should consider preserving photographs of injuries or property damage; threatening or unwanted letters, notes, gifts or other items; text messages; emails; social media posts or messages; call logs; voicemails; screenshots; location information; and other electronic communications. Victims may also find it helpful to maintain a written record of incidents, including dates, times, locations, witnesses and descriptions of the conduct.
Evidence should be preserved even when a victim is uncertain whether they want to make a report or pursue criminal, civil or College action. Preserving evidence keeps options available should the victim decide to take action later.
Individual reporting options
How and to whom to report
Victims of dating violence, domestic violence, sexual assault or stalking may report an incident to MCC, law enforcement or both.
For emergencies or situations involving an immediate threat to health or safety, call 911.
Reports to MCC may be made to:
- MCC Police Department: 24-hour assistance is available through MCC Police. Victims may contact MCC Police to report a crime, request assistance, obtain information about reporting options or request assistance contacting another law enforcement agency when appropriate.
- MCC Title IX coordinator: Victims may report dating violence, domestic violence, sexual assault, stalking, sexual harassment or other sex-based misconduct to the College’s Title IX coordinator. The Title IX coordinator can provide information regarding College reporting and resolution procedures, supportive measures, available resources and options for assistance.
Dean of Compliance and Financial Aid/Title IX coordinator
Metropolitan Community College
30th and Fort Streets
P.O. Box 3777
Omaha, NE 68103-0777
Phone: 531-MCC-2253 (531-622-2253)
Email: TitleIX@mccneb.edu
Reports may also be made through the College’s designated online reporting process.
A victim may report an incident to MCC regardless of where the incident occurred. MCC will evaluate the report and determine the College’s obligations and available response based on the circumstances, applicable College policy and applicable law.
Options regarding law enforcement and campus authorities
Victims have options regarding whether and how law enforcement becomes involved. MCC will respect a victim’s decisions concerning law-enforcement involvement to the extent permitted by law.
A victim has the right to:
- Notify law enforcement authorities, including MCC Police and local law enforcement;
- Be assisted by MCC authorities in notifying law enforcement if the victim chooses;
- Decline to notify law enforcement authorities; and
- Seek assistance regarding available protective measures and orders of protection, regardless of whether the victim chooses to pursue a criminal complaint.
Incidents occurring on MCC property or within the jurisdiction of the MCC Police Department may be reported directly to MCC Police. Depending on where an incident occurred, a victim may also report to the local law enforcement agency with jurisdiction over that location. MCC personnel will assist a victim in contacting the appropriate law enforcement agency if requested.
A victim’s decision not to report an incident to law enforcement does not prevent the victim from reporting the incident to MCC, requesting supportive measures or seeking other assistance available through the College.
Similarly, reporting an incident to law enforcement does not automatically require a victim to participate in a College complaint or resolution process, although MCC may have independent obligations to assess and respond to information it receives.
College and criminal justice processes are separate. A victim may pursue a College process, a criminal process, both processes or neither, subject to MCC’s obligations under applicable law.
What happens after a report is made to MCC
Upon receiving a report of dating violence, domestic violence, sexual assault or stalking, MCC will provide the victim with information regarding applicable College procedures and available assistance. MCC will provide a written explanation of the victim’s rights and options as required by the Clery Act and applicable federal law.
Information provided to victims includes, as applicable:
- Options for reporting the incident to law enforcement;
- The right to decline to notify law enforcement;
- Assistance available from MCC in contacting law enforcement;
- Available supportive and protective measures;
- Applicable College complaint, investigation and disciplinary procedures;
- Information concerning orders of protection, no-contact orders, restraining orders or similar lawful orders;
- Available counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid assistance and other services available on campus and in the community; and
- Options for requesting changes to academic, living, transportation and working situations or other supportive measures when reasonably available.
Supportive measures and assistance may be available regardless of whether a victim chooses to report the incident to law enforcement or participate in a criminal proceeding.
Protection orders and other protective measures
Victims may have the option of seeking an order of protection, no-contact order, restraining order or similar lawful order issued by a criminal, civil or tribal court. Preserved evidence, including photographs, communications, records of repeated contact, police reports, medical records and documentation of prior incidents may be helpful when seeking such an order.
MCC will provide information regarding available options and, when requested and reasonably available, assistance in understanding how to seek applicable protective orders. MCC will comply with and enforce lawful orders of protection and similar orders to the extent required and permitted by law and within the College’s authority.
MCC may also implement College-based supportive or protective measures as appropriate. Such measures are separate from court-issued protection orders and may be available whether or not a victim reports the matter to law enforcement or participates in a criminal proceeding.
Victims are encouraged to seek assistance as soon as they are able; however, a delay in reporting does not, by itself, prevent a victim from reporting an incident to MCC or law enforcement or requesting available assistance.
Engaging with confidential support and advocacy services
If reporting parties want the details of an incident to remain confidential, they should talk to resources that can keep information private. This will not lead to any criminal charges or College-related sanctions. It also does not prevent you from reporting to law enforcement or the Title IX coordinator in the future.
Confidential support and advocacy services may include:
- Providing emotional support
- Educating on resources and reporting options
- Providing information on healthy relationships
- Navigating on-campus and community resources
- Accompanying the survivor to the hospital
- Assisting with reporting to law enforcement
- Accompanying Title IX coordinator or law enforcement to legal meetings
- Helping with the filing of a protection order
- Developing a safety plan
Omaha advocacy resources:
- Catholic Charities
3300 N. 60th St.
Omaha, NE 68104
Hotline phone: 402-558-5700
Business phone: 402-554-0520
ccomaha.org/Program-and-Services/Domestic-Violence
- Women’s Center for Advancement
3801 Harney St.
Omaha, NE 68131
Monday-Friday, 8 a.m.-5 p.m.
24/7 crisis hotline: 402-345-7273
Business line: 402-345-6555
wcaomaha.org/Contact-Us
Supportive measures
MCC provides supportive measures and assistance to individuals who report dating violence, domestic violence, sexual assault, stalking, sexual harassment or other sex-based misconduct. Supportive measures are individualized services and accommodations designed to restore or preserve access to the College’s education programs and activities, protect the safety of the parties and the College community and provide support without unreasonably burdening another party.
Supportive measures may be available regardless of whether the victim chooses to report the incident to law enforcement or pursue a formal complaint or College resolution process. MCC will work with the individual to identify available measures that are appropriate and reasonably available based on the circumstances.
Depending on the circumstances, supportive or protective measures may include academic accommodations; changes to class schedules, work assignments or work schedules; assistance with transportation or parking; campus escorts; restrictions on contact or communication; changes in College activities or organizational participation; safety planning; referrals to counseling, advocacy, medical or community resources; and other measures determined appropriate and reasonably available.
MCC will provide written notification to victims regarding available assistance and options for changes to academic, living, transportation and working situations and protective measures, when such accommodations or measures are reasonably available. A victim does not need to report an incident to law enforcement to request these accommodations or protective measures.
MCC will maintain as confidential any accommodations or protective measures provided to a victim, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the accommodations or protective measures. Information will be shared only with College officials or others who need the information to implement the measure or as otherwise required by law.
In addition, MCC will complete publicly available recordkeeping, including Clery Act reporting and disclosures, without including personally identifying information about the victim. The College will not include information in the daily crime log, ASR crime statistics, timely warnings or other publicly available Clery Act disclosures that would identify a victim.
MCC will also provide information regarding available College and community resources and, when applicable, procedures for requesting institutional protective measures and information concerning orders of protection or similar lawful orders issued by a court or other authorized entity.
Grievance process: What to expect if you make a complaint to the College
MCC maintains disciplinary procedures for addressing allegations of dating violence, domestic violence, sexual assault and stalking involving students and employees. The specific College procedure used depends on the status of the parties, the nature and circumstances of the alleged conduct and the applicability and jurisdiction of MCC policies.
Some allegations may be addressed through the College’s Title IX formal grievance process. When reported conduct does not fall within the jurisdiction of the Title IX formal grievance process, the Title IX Coordinator or other appropriate College official will determine and refer the matter to the applicable College resolution or disciplinary process. Depending on the circumstances and the status of the Respondent, this may include procedures governing student conduct, discrimination or harassment complaints, or employee conduct and discipline.
Regardless of which applicable College disciplinary procedure is used to resolve an allegation of dating violence, domestic violence, sexual assault or stalking, MCC will provide a prompt, fair and impartial process consistent with the requirements of the Clery Act and applicable College policy.
Intake and initial assessment
Upon receiving a report, the Title IX Coordinator or other appropriate College official will provide information regarding available resources, supportive measures, reporting options and applicable College procedures. Supportive measures may be available whether or not the individual chooses to initiate a formal College complaint or report the matter to law enforcement.
MCC will conduct an initial assessment to determine the nature of the allegations, the applicable College policy or procedure, whether further investigation or disciplinary action is appropriate and any immediate supportive or protective measures that should be considered.
Resolution timeline
MCC will make a good-faith effort to complete the resolution process within 60 to 90 business days, including the appeal, which may be extended as necessary for valid reasons by the Title IX coordinator. The coordinator will notify the parties of any extensions or delays, explaining the reasons and providing an estimate of the additional time needed to finish the process.
Ensuring impartiality
When an investigation is initiated, MCC will conduct a process that is prompt, fair and impartial. The College’s current Title IX process provides for trained investigators to conduct a prompt, thorough, reliable, equitable, fair and impartial investigation, including interviews with the Complainant, Respondent and relevant witnesses and consideration of relevant evidence.
For allegations of dating violence, domestic violence, sexual assault or stalking addressed under another applicable College disciplinary process, MCC will provide the procedural protections required by the Clery Act.
The proceeding will be conducted by officials who do not have a conflict of interest or bias for or against the Complainant or Respondent and who receive annual training on issues related to dating violence, domestic violence, sexual assault and stalking and on how to conduct an investigation and hearing or other disciplinary process that protects the safety of victims and promotes accountability.
Rights of Complainants and Respondents
MCC will provide the Complainant and Respondent with timely notice of meetings at which either or both may be present and timely and equal access to information that will be used during disciplinary meetings, hearings or other resolution proceedings, consistent with applicable law and College policy.
Advisors in sexual harassment procedures
The Complainant and Respondent will have the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied by an advisor of their choice at meetings and proceedings permitted under the applicable process.
Under MCC’s Title IX procedures, an advisor may be a friend, mentor, family member, attorney or another person selected by the party. MCC may establish restrictions regarding the extent to which advisors may participate in proceedings, provided those restrictions are applied equally to both parties.
Standard of evidence
MCC uses the preponderance of the evidence standard in its Title IX grievance process. Under this standard, the decision-maker determines whether the available credible evidence demonstrates that it is more likely than not that a violation of College policy occurred.
Possible sanctions
If a Respondent is found responsible for dating violence, domestic violence, sexual assault or stalking, MCC may impose sanctions in accordance with the applicable student or employee disciplinary procedure. Sanctions are determined based on the circumstances of the case, including relevant aggravating and mitigating factors.
For students, sanctions may include disciplinary warning, probation, suspension, expulsion, educational requirements, restrictions, loss of privileges or other sanctions authorized under the College’s Student Conduct procedures. Employee sanctions may include disciplinary action up to and including termination, consistent with applicable College policies, procedures, employment requirements and collective bargaining agreements.
MCC may also provide or continue protective or supportive measures, as appropriate, including academic adjustments, changes to work or class schedules, campus escorts, restrictions on contact, changes in work locations, leaves of absence, increased security or monitoring and other reasonably available measures.
Written notice of the result
MCC will simultaneously notify the Complainant and Respondent in writing of the result of any institutional disciplinary proceeding arising from an allegation of dating violence, domestic violence, sexual assault or stalking.
The written notification will include, as required by the Clery Act:
- The result of the institutional disciplinary proceeding;
- The College’s procedures for the Complainant and Respondent to appeal the result, when an appeal is available;
- Any change to the result that occurs before the result becomes final; and
- When the result becomes final.
For purposes of this disclosure, the result includes the determination regarding responsibility, any sanction imposed that relates directly to the Complainant and the rationale for the result and sanctions as required by applicable law.
The College’s current Title IX process similarly provides written notification of the outcome to both parties without significant delay between notifications and includes appeal procedures, changes to the result before it becomes final and notice of when the result is final.
Appeals
When an appeal is available under the applicable College procedure, the Complainant and Respondent will be provided equal rights and opportunities to participate in the appeal process. Under the College’s Title IX procedures, both parties are included in an appeal or reconsideration and have equal rights of participation.
Retaliation
Protected activity under this policy includes reporting an incident related to this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting with information relevant to an investigation and/or acting in good faith to oppose conduct that violates this policy.
Acts of alleged retaliation should be reported immediately to the Title IX coordinator and will be promptly investigated.
MCC will take all necessary and appropriate steps to protect individuals who fear retaliation. MCC and any MCC community members are prohibited from taking any material adverse action by intimidating, threatening, coercing, harassing or discriminating against anyone to interfere with lawful rights or privileges, or because the person has reported, complained, testified, assisted, participated or refused to participate in any investigation, proceeding or hearing under this policy and procedure.
Exercising rights protected under the First Amendment is not considered retaliation.