Effective October 25, 2011, the University of Nebraska Kearney has adopted new procedures involving violations of Sexual Harassment. These modifications are reflected below:
to Allegations of Student Sexual Harassment
with the University of Nebraska charter in 1869 Nebraska law has provided that
no person shall be deprived of the privileges of this institution because of sex. Discrimination on the basis of sex is also
prohibited by Federal law.
harassment is misconduct in violation of University policy and state and
federal law that the University will take action to eliminate, prevent and
redress once the University knows it has occurred.
University will investigate reported allegations of sexual harassment and may
take appropriate action even if the alleged victim or Complainant does not wish
to pursue formal charges. Any response
by the University may be hindered by the alleged victim’s or Complainant’s
desire for anonymity and/or inaction.
harassment of a student may be investigated by the University whether it is
alleged to have been committed on or off UNK.
person can complain of sexual harassment of a student. Complaints of sexual harassment may be made
using the University’s internal processes at the same time that criminal
complaints or charges are pursued with the appropriate law enforcement or
external agencies. University internal
investigation and disciplinary charges are independent of any criminal or
University may pursue disciplinary action against a student at the same time
the student is facing criminal charges for the same offense, even if the
criminal prosecution is pending, has been dismissed, or the charges have been
regarding sexual harassment of a student by a student can be made to the UNK
Student Affairs Officer, Dr. Joe Oravecz, Dean: Memorial Student Affairs
Building, #180, firstname.lastname@example.org, 308-865-8528 or Dr. Tony Earls,
Associate Dean: Conrad Hall, email@example.com, 308-865-8519;or,Gail Sims-Aubert,
Assistant Director Residence Life: Conrad Hall, firstname.lastname@example.org, 308-865-8519.Title IX Officer,
Cheryl Bressington, Director Human Resources: Founders Hall #1200, email@example.com, 308-865-8388.
regarding sexual harassment of a student by faculty or staff can be made to the
UNK Human Resource Office or Title IX Coordinator, Cheryl Bressington, Director
Human Resources: Founders Hall #1200, firstname.lastname@example.org, 308-865-8388.
policy prohibits retaliation against any person making a complaint of sexual
harassment or against any person cooperating in the investigation, including
but not limited to witnesses. The
prohibition of actual or threatened retaliation applies to third parties as
well as students.
addition to formal University proceedings, victims of sexual harassment may
seek counseling and health services if needed.
Resolution” is at least one meeting between the Conduct Officer and a Respondent
and the Complainant to determine whether a student has violated the Code and to
impose sanction(s), if warranted.
term “advisor” means any person, including legal counsel, who assists the
Respondent, Complainant or Conduct Officer during a Conduct proceeding.
term “Appeals Board” means persons authorized by the Student Affairs Officer to
determine on appeal whether a student has violated the Code and/or to recommend
the imposition of one or more sanctions.
term “Code” means the UNK Student Code of Conduct.
term “Complainant” means a person who comes forward to the Student Affairs
Officer, Title IX Coordinator or Human Resource Officer to complain of sexual
harassment by a student, member of the University Community or a third party.
term “Conduct Board” means persons authorized by the Student Affairs Officer to
determine whether a student has violated the Code and to impose sanction(s), if
warranted. The Conduct Board must
include one or more student members when sanctions of suspension or expulsion
term “Conduct Officer” means a University official authorized by the Student
Affairs Officer to impose sanctions upon students found to have violated the
term “in violation” means that it is more likely than not
that a student committed one or more violations of the Code.
term “may” is used in the permissive sense.
term “member of the University community” includes any person who is a student,
staff, faculty member, University official, or any other person employed by, or
acting on behalf of the University. A
person’s status in a particular situation shall be determined by the Conduct
term “not in violation” means that it is more likely than not that a student
did not commit one or more violations of the Code.
is any student who is charged with having violated one or more provisions of
includes intimidation, threats, harassment, and other adverse action threatened
or taken against the Complainant or a third party in an attempt to prevent or
otherwise obstruct the reporting of sexual harassment.
harassment” is unwelcome conduct or behavior of a sexual nature. Sexual harassment can include unwelcome
sexual advances, requests for sexual favors and other verbal, nonverbal, or
physical conduct of a sexual nature, such as sexual assault or acts of sexual
violence, sex without consent or by force, threat of force, or intimidation
(i.e. stalking). Sexual harassment
includes but is not limited to:
touching and/or fondling
an unwilling person to touch another’s intimate parts
sexual penetration, or intercourse without consent
sexual penetration or intercourse when a person is mentally or physically
incapable of resisting or giving consent (e.g., due to the use of alcohol,
drugs, or inability to appraise the nature of his or her conduct)
sexual penetration, or intercourse committed under conditions of force, threat,
unwanted sexual advances, whether physical, verbal, or communicative (e.g.,
harassment using computer technology, or recording, photographing, or
transmitting images of a private sexual activity), not otherwise specified.
term “shall” is used in the imperative sense.
term “student” includes all persons taking courses at the University, whether
full-time or part-time, pursuing undergraduate, graduate, or professional
studies, whether or not they reside in the University residence halls. Persons who withdraw after having allegedly
committed sexual harassment, or who are not officially enrolled for a
particular term, but who have an expected continued academic relationship with
the University may be considered “students.”
“Student Affairs Officer” is the person authorized by the University and the University Chancellor
responsible for the
administration of the Code, and in certain circumstances includes his or her designee.
- The “Title IX Coordinator”
is the individual designated by the
UNK to respond to allegations of sexual harassment by students, and in some
circumstances can include his or her designee.
- The term “University” means University of Nebraska.
- The term “University business
day” means any calendar day where
the UNK offices are open for business and classes are in session, excluding weekends and national holidays.
- The term “University official” includes any person employed
by, associated with, or
performing assigned administrative or professional responsibilities in the interests
of the University. Counselors and Healthcare professionals are bound by
professional rules that may preclude their reporting violations of University
- The term “University Premises” includes all
land, buildings, facilities, University approved housing and other property in
the possession of, or owned, used, or controlled by the University, including
adjacent streets and sidewalks.
Records and Reports of Investigations
records regarding reports or complaints of sexual harassment shall be kept by
the University office that receives a report or formal complaint of sexual
- Written records will contain,
at a minimum, the following information:
- The name
and sex of the alleged victim of sexual harassment and , if different, the name
and sex of the Complainant;
- A statement of the allegation, a
description of the incident(s), and the date(s) and time(s) (if known) of the
- The date that the formal complaint
or other report was made to the University;
date the Respondent was interviewed;
- The names and sex of all persons alleged to have committed
the alleged sexual harassment;
names and sex of all known witnesses to the alleged incident(s);
dates that any relevant documentary evidence (including cell phone and other
records as appropriate) was obtained;
written statements of the Complainant (or victim, if different from the
Complainant) regarding the alleged incident(s);
date on which the University deferred either its investigation or disciplinary
process because the Complainant filed a criminal or external administrative
complaint and, as applicable, the date on which the University resumed its
investigation or its disciplinary process;
outcome of the University investigation and, if any, disciplinary sanctions;
response of University personnel including any interim and permanent steps
taken with respect to the Complainant and the Respondent, and
narrative of all action taken to prevent recurrence of any harassing
incident(s), including any written documentation.
of all reports will be sent to the office of the Title IX Coordinator.
receipt of a sexual harassment complaint or report, the University will provide the Complainant a written notice
describing the options of pursuing a criminal complaint with a law enforcement agency, filing an administrative charge with an external agency, and/or using the University’s investigation and disciplinary processes. The Complainant
may go forward with one or more options at the same
time, but the University’s investigation may need to be delayed
temporarily by, or scheduled around,
an ongoing criminal
or external administrative investigation.
- The Complainant must determine, in writing,
if he or she wishes to pursue
a complaint with
an Administrative resolution or a Conduct Board hearing. If he or she does not
wish to pursue the complaint and/or requests that his or her identity remain
anonymous, the Student Affairs Officer will make note of that wish in the
report. Regardless of the Complainant’s
choice, the University is still required to investigate the complaint. The Student Affairs Officer will inform the
Complainant if the University cannot ensure anonymity.
the Complainant wishes to pursue an Administrative resolution, the Student
Affairs Officer will forward the complaint to a Conduct Officer to determine
the desire of both parties to continue with the Administrative resolution
process as described in Section VII determine the Respondent’s plea, conduct an
independent investigation of the complaint, and impose sanctions as necessary.
- If the Complainant wishes to pursue a Conduct Board hearing, the
Student Affairs Officer will forward the complaint to a Conduct Officer to initiate the formal complaint proceedings described in Section
- Any member of the University
community may submit allegations against
any student for violation(s) regarding sexual harassment.
Allegations shall be prepared
in writing and directed to the Student Affairs Officer for his/her consideration of filing charges. The Student
Affairs Officer shall then direct
the allegation(s) to a Conduct
Officer for investigation. Any allegation should be submitted
as soon as possible after the
alleged misconduct takes place, preferably within, but not limited to, seven
(7) University business days after the misconduct occurred.
- The Conduct
Officer shall conduct
an investigation to determine if the
allegation(s) have merit, determine if
the allegations warrant a Conduct
proceeding, and/or if they can be
disposed of administratively by mutual consent of the parties involved on a basis
acceptable to the Conduct Officer and the Complainant. Such disposition
shall be final and there shall be no subsequent proceedings. The Conduct Officer
shall have sixty (60) calendar
days to conclude an investigation
of the allegations, and may be permitted
a longer period under extraordinary circumstances, but must inform
both parties in writing
of the extension of the timeline.
contact” directives are to be issued in writing to persons involved in any alleged
sexual assault promptly
after the University receives notice of a complaint. Respondents and the Complainant will both be expected
to abide by the terms of
no contact directives and may go through
disciplinary proceedings should
they violate the directives.
- Students who have been sexually harassed
or Complainants have
access to other available University assistance in changing academic and living situations after an alleged incident,
if so requested by the student or Complainant
and if such changes are reasonably available. Accommodations to minimize burden on the student or
Complainant may include:
- Change of an on-campus
student’s housing to a different
- Assistance from the University in completing the relocation;
- Arranging to end a University
housing contract and/or adjusting a student account balance for refund;
- Rescheduling an exam, paper, or assignment;
an incomplete in a class;
- Transferring between
- Alternative course completion options.
- Arranging to complete a
course or lectures via distance
education methods with the
assistance of technology.
- Any student charged with sexual harassment has the right to
maintain status as a student and attend classes while the case is
pending final resolution within the University
Conduct process, unless it is determined by the Student Affairs
Officer or his/her
designee that the student’s continued
participation as a student,
whether inside or outside of the classroom, would
seriously disrupt normal operation of the University or constitute an immediate
harm, threat of harm, hostile environment and/or danger to the
health, safety, or welfare of the Respondent, the Complainant, any alleged victim, or any member of the
- Pending completion of an investigation or University
Conduct Proceedings, the Student
Affairs Officer may at any time temporarily suspend a student when the Student
Affairs Officer finds and believes from information
coming to his or her attention
that the presence of the Respondent on the University premises would seriously disrupt normal operation of the University or constitute an immediate harm,
threat of harm, hostile
environment and/or danger to the health,
safety, or welfare of the Respondent, the Complainant, any alleged victim, or any member of the
University community. The Student
Affairs Officer should work with the appropriate Dean in making
the decision to discontinue
the Respondent’s continued
participation as a student
prior to the completion of the formal proceedings.
- During the suspension described in this article,
the Respondent may be denied access
to any University premises,
including classes, residence hall access,
sporting events, and/or all other
University programs, activities or privileges
for which the student
might otherwise be eligible,
as the Student Affairs Officer may
determine to be appropriate.
- If a student placed on interim suspension is ultimately found “not
in violation” of the Code, such student
shall be allowed,
at the reasonable discretion of the appropriate faculty,
to make up academic work missed while on
Conduct Officer, Conduct Board, and Appeals Board, in addition to allegations
of sexual harassment, can hear any allegations of any other violations of the
Student Code of Conduct committed by the Respondent that is directly related to
the alleged sexual harassment. If the
Conduct Officer, Conduct Board, or Appeals Board determines the Respondent
violated other provisions of the Student Code of Conduct, they may impose
- Any student involved in a Conduct proceeding has the right to
confidentiality as mandated by the Family Educational Rights and
Privacy Act of 1974 (FERPA) and
- No process implemented by this Procedure
shall be open to the public, including Administrative Resolutions, Conduct Board Hearings, and
- In such cases when a student
fails to appear
before the Conduct Officer,
Conduct Board, or Appeals Board, a plea of “not in
violation” shall be entered
on the Respondent’s behalf and the hearing may proceed as scheduled.
- In all cases, whether the Respondent is present or not, the evidence in support of the allegations shall be presented
- The Conduct Officer’s, the Conduct
Board’s, or the Appeals Board’s determination of the merits of each case shall be made on a
preponderance of the evidence standard,
meaning it is more
likely than not that the Respondent violated
- The burden
of proof shall
rest upon the Conduct Officer
or Complainant bringing the charge.
A Respondent is presumed not to
be in violation of the
Code until proven otherwise.
- Rights of the Complainant and the Respondent
- Both a Respondent and the Complainant have the right to see all
charges in written form.
- Both the Respondent and the Complainant have a right
to confidentiality during these proceedings to the extent possible.
However, the duty of confidentiality does not preclude the University from conducting a meaningful investigation or reporting such incidents
as required. The duty of confidentiality shall also
extend to all persons involved in processing the complaint and the investigation. The Complainant has a right to anonymity
only to the extent
that the Complainant does not wish to file an official complaint with the University or does not wish the University to
take any action against the Respondent in regard
to the complaint.
- All charges shall be presented to the Respondent and the Complainant in written form by
a University official or the Conduct
Officer within seven (7)
University business days after the investigation is complete.
- Both a Respondent and the Complainant have a right to prepare
a written statement in advance
of a hearing. Both parties will have the right to view each other’s statement.
- The Complainant and the Respondent have the right to be assisted
by any advisor they choose, including legal counsel, at their own expense.
- The role of the advisor is limited in that they may only confer privately with the party they are representing and cannot directly
address any other member for the Conduct proceeding. The only appropriate role for the advisor is to
provide advice to the party who has requested
his/her presence in a manner which does not disturb Conduct proceedings. If an advisor
fails to act in accordance with these guidelines, he/she
may be barred from the Conduct
Respondent and the Complainant
have the right
to hear all evidence, present evidence, testify, and to hear and question
- Students will not be allowed
to ask each other questions directly, but the questions shall be addressed
to the Chair of the Conduct Board, who will determine
if the question is appropriate, and then ask the witness.
- A Respondent and the Complainant have the right to inspect all
documents used as evidence and a list of all witnesses for the
hearing in advance of the hearing.
- The Respondent may not be found to have violated the Code solely because the student failed
to appear for a Conduct
hearing or before a Conduct Officer.
Respondent and the Complainant have the right to be notified of the decision rendered.
Respondent and the Complainant have the right to request an appeal.
- Administrative Resolution
- Both the Complainant and the Respondent
may elect to dispose of the claim administratively. This meeting will be scheduled
not less than three (3), nor more than fourteen (14) University business days after the Conduct
Officer’s investigation is complete. The Respondent may elect to
acknowledge his or her actions
and take responsibility, or the Respondent may deny responsibility but the Conduct Officer determines by an independent
investigation that it was more likely than not the Respondent violated the Code. In
either situation, the Conduct
Officer could propose
a resolution and an appropriate sanction. If both the Complainant
and the Respondent agree to the proposed sanction,
the complaint is resolved without a formal hearing and without any further rights
of appeal to either party. Mediation shall
not be used to resolve sexual assault complaints.
- If either the Complainant or the Respondent objects to the finding of liability or the proposed sanction,
he or she may appeal the
decision to the Conduct Board to determine liability and/or the proper
sanction within seven (7) University business days of delivery of the decision to the Respondent or the Complainant.
- If the Conduct Officer
determines it is more likely than not the Respondent did not violate the
code, the Conduct Officer
may decide to dismiss the complaint and not pursue a sanction. If both the Complainant and the Respondent
agree to the dismissal, the complaint is resolved
without any further
rights of appeal to either
party. If the Complainant
objects, he or she may appeal that decision administratively to the Student Affairs Officer within seven (7) University business days, who will either affirm the
Conduct Officer’s determination, or refer the complaint to the
Conduct Board. The
Student Affairs Officer’s decision will be final.
- Student Conduct Board Hearings
- Both a Respondent and the Complainant shall have the right to attend
a pre-hearing meeting to discuss the issues and facts that will
be presented at the hearing,
to exchange information about witnesses likely to be called, answer procedural questions, and settle those matters which may be agreeably
concluded. The meeting will not be used to settle the issue of whether or not the violation was committed or to challenge any recommended sanctions. This meeting
shall be held at least two (2) days prior to
the scheduled Conduct Board hearing. Failure for either party to attend the meeting will not affect the parties’
rights at the Conduct Board hearing.
- Students will be instructed about the use of past sexual behavior of the Complainant
or past sexual assault by the Respondent
as evidence at the hearing.
In most situations, evidence
of the past sexual history of either the Respondent or the Complainant will not be admitted at the
hearing except in very limited situations.
time shall be set for a hearing, not less than three (3), nor more
than fourteen (14) University
business days after the Respondent and the Complainant have been notified
that the complaint was appealed or referred
to the Conduct Board. Maximum
time limits for scheduling of hearings
may be extended at the discretion of the
- Conduct Board hearings shall be carried out according to the following guidelines:
- In cases where either University
Suspension or University Expulsion are considered, the case shall be referred to a Conduct Board for an original hearing.
- The Conduct Board shall be composed of at least 3 members of the University community.
- Any real or perceived conflict of
interest or bias between a member of the Conduct Board and the Respondent or
the Complainant must be brought to the Conduct Officer’s attention no less than
two (2) University business days in
advance of the hearing.
- The Respondent(s) and the Conduct Officer and/or the
Complainant are responsible for presenting their respective
cases to the Conduct Board.
- The Respondent(s), the Complainant,
and the Conduct Officer shall have the right to hear all evidence, present evidence, testify, and to hear
and question witnesses.
- The Respondent, the Complainant, and the Conduct Officer
shall have an opportunity in advance to inspect documents
and a list of witnesses for the hearing
no less than 2 University business
days in advance of the hearing.
- Pertinent records, facts, reports,
and statements may be accepted as evidence for consideration by a Conduct Board.
- All procedural and evidentiary questions are subject
to the final decision of the Chair
of the Conduct Board.
- After the hearing, the Conduct Board shall determine by simple majority vote whether
or not the student is found to be “in violation” because sexual harassment occurred or of other
violations of the Code. The decision shall be based
solely upon evidence introduced and
received at the hearing.
- [The Conduct Board shall select
its own Chair with all members possessing voting privileges.
- In hearings involving more than
one Respondent, the Chairperson of the Conduct Board, in his or her discretion,
may permit the hearings concerning each student to be conducted separately.]
- There shall
be a single verbatim record,
such as a sound recording, of all hearings before
a Conduct Board. The
record shall be the property of the University.
- In each case in which a Conduct Board determines that a
Respondent has violated the Code,
the sanction(s) shall be determined and imposed by the Conduct Board.
- Within seven (7) University business days following the hearing, the Conduct Board shall inform
the Respondent, the Complainant, and the Conduct Officer,
in writing, of its findings
and of the sanction(s) imposed, if any.
- [The Conduct Officer and the Conduct Board may seek advice from
the University’s Office of the General Counsel throughout
the hearing process on questions of law and procedure.
However, the Conduct Board is responsible for making its own factual
- Conduct Sanctions Against
- The following
sanction(s) may be imposed
upon any individual student found to be “in
violation” of the Code.
- Warning: A formal, written notice that the student
is violating, or has violated, one or more University
Conduct Rules and Regulations and that a continuance of the misconduct may lead to additional disciplinary action. Also, that the incident has been documented and shall remain in the student’s
Conduct file for the remainder of their University career.
A formal, written
reprimand for a student’s
violation(s) of specified University Conduct Rules and Regulations. This probation, including
strict UNK conduct guidelines, is for a designated period
of time and may remain
in effect for the remainder
of a student’s University career. It includes the probability
of more severe disciplinary
sanctions if the student is found to
be in violation of any University Conduct Rules and Regulations during the probationary
- Loss of Privileges: Denial specified
privileges for a designated period of time.
Compensation for loss, damage, or injury.
This may take the form of appropriate service and/or monetary and/or
- Discretionary Sanctions: In accordance with the goal of
education and assisting students
with conduct problems, this may include work assignments, educational requirements, service to the University
or local community, parental notification, or other related discretionary
assignments (such assignments must have the prior
approval of the Conduct Officer).
Any costs associated with the
assignment are the responsibility of the student.
- Residence Hall Relocation: Moving a student from one room to
another and/or one residence hall to another.
- Residence Hall Suspension:
Separation of the student from the residence halls for a definite period of
time, after which the student is eligible to return. Conditions for readmission may be specified.
- Residence Hall Expulsion:
Permanent removal of the student from any and all of the residence halls. Student may not re-enter the residence halls,
under any condition, even as a visitor.
Students expelled from the residence halls remain liable for all
Residence Life costs and meal plan fees and may not be eligible for refunds for
the full occupancy period of the student’s housing contract.
- University Suspension: Separation of the student
from the University for a definite period of time, after which the
student may be eligible for return, contingent upon meeting specified conditions for re-admittance. The student
must satisfactorily demonstrate to the Student Affairs Officer
that all conditions for re-admittance
have been met before the student will be allowed to matriculate.
- University Expulsion: Permanent separation of the student from the University, without the possibility of re-admission.
- More than one of the sanctions
listed above may be imposed for any single violation.
- If a student fails to abide by one or more of the sanctions
imposed, a hold may be placed on his/her
registration account until
satisfactory progress is made towards completion.
- Other than University expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the
student’s confidential disciplinary record.
- After graduation,
and upon application to the Conduct
Officer, the student’s confidential disciplinary record may be
expunged of disciplinary actions other than residence-hall
expulsion, University suspension, or
- Cases involving the imposition of
sanctions other than residence hall expulsion, University suspension, or University expulsion, shall be expunged
from the student’s confidential record seven (7) years after graduation, final disposition of the case, or as otherwise authorized or required by law.
- A decision and/or sanction(s)
reached by the Conduct Board may be appealed
by the Respondent or the Complainant within seven (7)
University business days of delivery of the decision to the
Respondent or Complainant.
- Appeals shall be in writing and shall
be delivered to the Student Affairs Officer.
- Upon the filing of an appeal,
whether from an Officer Hearing or Conduct Board, the Student Affairs Officer shall appoint an Appeals Board to consider
- Upon receipt
of an appeal, a time shall be set for a hearing, normally not less than three (3), nor more than fourteen (14), University business days after the appeal notice has been received,
unless waived by mutual consent of the Respondent, the Complainant, and the Conduct
Officer. Maximum time limits for scheduling of hearings may be extended
at the discretion of the Appeals Board.
- Appeals may be filed for one
or more of the following purposes:
- To determine whether the original hearing was conducted fairly in light of the charges and evidence presented,
and in conformity with
prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Code was violated,
and giving the Respondent a reasonable
opportunity to prepare and to present a rebuttal of those
- To determine whether the decision reached
regarding the Respondent was based on the evidence,
that is, whether the evidence presented
was sufficient to establish that it was more likely than
not that a violation of the Code
- To consider new evidence, sufficient to alter a decision or other
relevant facts not brought
out in the original hearing,
because such evidence and/or facts were not known to the person appealing at the time of the original hearing or could not have been
discovered by the person.
- To determine whether
the sanction(s) imposed are appropriate for the violation of the Code, which the student was found to have
- An appeal that does not clearly
raise in writing
one or more of the issues listed above shall be dismissed without further
- In cases citing issues raised in Section X(c)(iv)
of this Code/Procedure, by students
found to have violated
the Code, review by the Appeals
Board of the sanction(s)
imposed by the Conduct Officer or Conduct Board shall not result
in more severe sanction(s) for the Respondent.
- Except as required to explain the basis of new evidence,
an appeal shall be limited to review of the record
of the initial hearing and supporting documents.
- Appeals Board hearings
shall be carried out according to the following guidelines:
- The Appeals Board
shall be composed
of 3 members of the
- The Appeals Board shall select its
own chair, with all members possessing voting privileges.
- Hearings shall not be open to the
- Members of the Appeals Board shall
not have been members of the original Conduct Board who heard the facts and
incidents of the case at hand.
- In hearing an appeal, the Appeals Board’s scope shall be limited to only those issues directly raised in the written appeal.
- The Appeals Board may ask the
Respondent or Complainant making the appeal and the Conduct Officer to make an
oral presentation. The board may then
ask questions of both parties.
- The Appeals Board shall
complete its review of the appeal normally within fourteen (14) University
business days after its hearing,
and shall promptly issue its written decision to the Respondent, the Complainant and
the Conduct Officer.
2011 1108 UNK Student Disciplinary
Section 5.4(e) of the Bylaws of the Board of Regents requires “a hearing before a
board in all cases involving expulsion or suspension.”
By making a finding of whether it is more likely than not
that a violation did or did not
occur, a “preponderance of the evidence” standard is being
The record should note whether the alleged victim of sexual
harassment or the Complainant wishes
to remain anonymous.
page 12. A maximum timeframe of 60 days
for the initial investigation is allowed. This time frame is
different and independent
from University business days, and is not affected by closing of administrative offices, class schedules, or national holidays.
See Neb. Rev. Stat. §
27‐412 (2010 Cum. Supp.)
(relevance of alleged victim’s
past sexual behavior or alleged sexual predisposition).
See Neb. Rev. Stat. §
27‐415 (2010 Cum. Supp.)
(evidence of crimes in sexual
assault cases; civil case).