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Title IX

Procedures

  • Purpose
    • 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.
  • Complaints and Reporting
    • 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:

There are several avenues available for submitting a complaint or report:

  • Submit a formal complaint form
  • Leave a private voice message;
  • Send a private email;
  • Mail a letter;
  • Visit the Title IX Coordinator or one of the designee (it is best to make an appointment first to ensure availability);
  • Report to another trusted College official (e.g., Administrator, Resident Assistant, Faculty, Coach, Advisor) who will provide information as required under the policy.
  • If there is a complaint about the Title IX Coordinator or any staff member that is part of the Human Resource Office, or if the Title IX Coordinator or any staff member that is part of the Human Resource Office staff has a complaint, that complaint should be filed with the President of the College. The President will appoint another trained individual to take the place of the Title IX Coordinator for purposes of the complaint.
  • Criminal Reporting
    • Please remember that if someone is in immediate danger or needs immediate medical attention, the first place to report is 911. You may also report to the Sioux City Night Patrol on the Norfolk Campus (402) 841-5163. Some forms of discrimination and harassment may also be crimes. For example, sexual assault, stalking and rape are crimes. Criminal reports should be made to law enforcement, even if it is uncertain whether the particular conduct is a crime.
    • Calling local law enforcement can help you: Obtain emergency and nonemergency medical care; get immediate law enforcement response for your protection; understand how to provide assistance in a situation that may escalate to more severe criminal behavior; arrange a meeting with victim advocate services; find counseling and support; initiate a criminal investigation; and answer questions about the criminal process.
  • Process and Resolution
    • When a report is received which indicates a behavior may have involved a Title IX violation, the Title IX Coordinator or designee will review the information to determine if the described behavior constitutes violations or concerns regarding Title IX. If there is not a potential Title IX Violation, it will be determined if other processes/procedures apply and determine the best next steps. If there is a potential Title IX violation, the Title IX Coordinator or designee will do the following:

Assess the level of investigation and remedial measures already implemented.

  • The College may take interim measures to assist or protect the parties during the grievance process, as necessary and with the Complainant's consent. Such measures for a student Complainant may include arranging for changes in class schedules or living arrangements, issuing a no-contact order, obtaining counseling, and modifying test schedules or other class requirements temporarily. For an employee Complainant, the College may temporarily reassign or place on administrative leave an employee alleged to have violated this policy.
  • Assess the need for a timely warning* and issues of mandated reporting (e.g., Clery) and communicate as appropriate with Police.
  • Ensure that the Complainant, if known, is aware of the resources and remedial measures available and work with appropriate staff to work to implement appropriate measures.
  • When only a third party Reporter is identified, make contact and share information that may be shared with a Complainant. (see Third Party Reports section below)
  • Evaluate the severity and nature of the alleged behavior and its potential impact to the community.
  • Determine appropriate investigative strategy based on the information received, and conduct or oversee a fair and impartial investigation of the alleged Policy Violation.
  • Take reasonable action to ensure that the behavior has ended.
  • Assess the need for action to prevent the behavior from occurring again, and take appropriate steps.
  • Document case information. Information contained will be periodically shared with the Title IX Coordinator.
    • Parties in these processes, including the Complainant, the Respondent, and witnesses, have privacy rights and reasonable expectations of confidentiality in the investigation of matters subject to these procedures.
    • In addition, the integrity of the process depends on ensuring reasonable expectations of confidentiality. The Title IX Coordinator will keep confidential the complaint, report, witness statements, and any other information provided by the Complainant, Respondent, or witnesses and will disclose this information only to the Complainant, Respondent, or witnesses, as necessary to give fair notice of the allegations and to conduct the investigation; to law enforcement consistent with state and federal law; to other College officials as necessary for coordinating interim measures or for health, welfare, and safety reasons, and to government agencies who review the College’s compliance with federal law. The investigation report will be disclosed only to the Complainant, Respondent, Title IX Coordinator, Hearing Decision-Maker/Chair or Panel as necessary, and College officials as necessary to prepare for subsequent proceedings (e.g., College President and College Legal Counsel). Information about complaints and reports, absent personally identifiable information, may be reported to College officials and external entities for statistical and analysis purposes pursuant to federal and state law and institution policy.
      • The Title IX Coordinator or designee will also explain that retaliation for reporting alleged harassment or discrimination or for participating in a resolution is a violation and that any retaliation should be immediately reported and will be promptly addressed.
      • The Title IX Coordinator or designee will consider the reasons for the request, including concerns about continued safety of the person reportedly harmed and members of the campus community. The Title IX Coordinator or designee must also balance considerations about the continued health and safety of members of the community against a Reporter's or Complainant's desire not to have the report investigated.
      • In cases when a Reporter or Complainant does not want to have a report investigated, but the Title IX Coordinator or designee has concerns that not taking action might endanger the health or safety of members of the campus community, the Title IX Coordinator or designee will initiate consultation with appropriate individuals to analyze the situation and assist in determining appropriate measures to take.
        • Protected activity under these procedures includes reporting an incident that may implicate these procedures, participating in a 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.
        • Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The College will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.
    • Initial Investigation Process:

      • *Timely Warnings: If it is determined that a timely warning is warranted under the Clery Act and/or there are additional security concerns, the police will be notified of the information shared with the Title IX Coordinator or designee. The Complainant, if known, will be notified if and when such a determination is made.