The illegal possession, use or distribution of drugs or alcohol by any persons is a violation of university rules as well as state and federal laws. Officers of the University cooperate with State and Federal agencies in the prevention of drug abuse. University Police Officers enforce all Nebraska laws and university policies concerning the purchase, possession, consumption, sale and storage of alcoholic beverages and drugs. These would include:
- Use, possession, manufacture, distribution or sale of illegal drugs or drug paraphernalia on university premises or while on university business or at university activities or in university vehicles either during or after working hours;
- Unauthorized use or possession or the manufacture, distribution, or sale of a controlled substance as defined by the Federal Controlled Substances Act, 21 U.S.C. 801 et seq., or Nebraska Drug Control Laws, Neb. Rev. Stat. 28-410 et seq., on university premises, or while engaged on university business or attending university activities or in university vehicles either during or after working hours;
- Unauthorized use, manufacture, distribution, possession or sale of alcohol on university premises or while on university business or at university activities, in university supplied vehicles either during or after working hours;
- Storing in a locker, desk, vehicle or other place on university owned or occupied premises, any unauthorized controlled substances, drug paraphernalia or alcohol;
- Use of alcohol off university premises that adversely affects an employee’s or student’s work or academic performance, or an employee’s or student’s safety or the safety of others;
- Possession, use, manufacture, distribution or sale of illegal drugs on university premises that adversely affects an employee’s or student’s work or academic performance, or an employee’s or student’s safety or the safety of others;
- Violation of state or federal laws relating to the unauthorized use, possession, manufacture, distribution or sale of alcohol, controlled substance or drug paraphernalia;
- In the case of employees, failure to notify an employee’s supervisor of an employee’s arrest or conviction under any criminal drug statute as a result of a violation of law which occurs at the University of Nebraska workplace.
- In the case of students it is against the Student Code of Conduct to be in the presence of alcohol or drugs while on the university premises or at official university functions.
Conviction for violations of these laws could result in fines, loss of driver’s license and imprisonment. Students who violate the Student Code of Conduct will be subject to the process and sanctions as outlined by the code; separate from any legal sanctions they may receive. Sanctions may range up to and include suspension or expulsion from either University housing and/or the institution.
In the event a faculty or staff member violates this policy or is convicted for unlawful manufacture, distribution, dispensation, possession or use of controlled substances or alcohol on University property or as part of any University activity, the University will take appropriate action.
Administrators, staff, and faculty not included in the UNK AAUP bargaining unit, one or more of the following actions may
- Referral to the Faculty/Employee Assistance Program for evaluation
and assessment to determine the appropriate treatment for rehabilitation.
- Participation in a drug rehabilitation program.
- Disciplinary action, up to and including termination of employment
and referral for prosecution.
For faculty included in the UNK AAUP bargaining unit, conviction for such offenses
may be considered adequate cause for imposition of the disciplinary process
provided in Article XIV of the Collective
Bargaining Agreement. Violation of this policy may also be considered adequate
for imposition of the disciplinary process and referral for prosecution.
As required by the
Drug-Free Workplace Act of 1988, faculty and staff involved in the performance
of federal contracts or grants must notify their supervisor within five days if
they are convicted of any criminal drug statute as a result of violation of the
law that occurs at the workplace. The term “conviction” means a finding of
guilt (including a plea of nolo contendre) or imposition of sentence, or both,
by any judicial body charged with the responsibility to determine violation of
the Federal or State criminal drug statutes. The supervisor will immediately
notify the Academic Affairs Office when faculty members are affected or the
Human Resources Office when staff are affected. The University in turn, will
notify the applicable granting or contracting agency or agencies of the
conviction within ten days after receiving notice of an employee’s criminal
drug statute conviction.
The BestCare Employee Assistance Program (EAP) at the University of
Nebraska at Kearney is available to all faculty and staff and their immediate
family members in need of information and/or assistance with any personal
concern, including alcohol or drug-related problems. BestCare EAP provides confidential, free,
professional, short-term counseling, assessment and referral for employees
and/or family members who need assistance regarding substance abuse or
dependency. Supervisors can also obtain
assistance in referring employees. Counseling can be obtained by calling BestCare EAP at 1-800-66-8606. A
listing of additional regional resources can be found on the 10th
District Court (www.district10.us/drug_and_alcohol_evaluation.htm) (last
visited Feb. 11, 2013).
|Student on-campus resources
UNK Counseling & Health Care
Counseling Care Office, 144 MSAB
|Kearney community resources
South Central Behavioral Services
3810 Central Avenue
Peer Health Education (PHE) assists Counseling & Health Care in
providing Alcohol and Other Drug (AOD) prevention programs and presentations.
Specifically PHE provides classroom and residence hall presentations, Alcohol
CHOICES, which focus on:
- Why some college students drink alcohol.
- How alcohol works in the body and mind
- Alcohol poisoning and blood alcohol content (BAC)
- Wise decision making regarding alcohol.
PHE hosts programs including OkSOBERfest and Dance Marathon, a night of
alcohol free fun at the Cushing Field House or Ponderosa room Student Union.
PHE also has several grant funded activities that fall under
the umbrella of www.itaintpretty.org, its alcohol prevention
website, focused on the reduction of binge drinking among 18-24 year olds. On
the site, the UNK community can find resources such as BAC goggles for
interactive presentations, brochures, pamphlets, games and more. Faculty, staff
and students can also request programs through the site in which student
volunteers, counselors or nurses can present. Finally, facts, videos, and
other resources can be accessed through the site.
Many physical and psychological health risks are associated
with the misuse and abuse of alcohol and other substances, including but not
limited to the following:
- Accidents due to impaired judgment and
- Unwanted sexual activity.
- Difficulty with attention and learning.
- Physical and psychological dependence.
- Damage to the brain, pancreas, kidneys, liver,
heart and lungs.
- High blood pressure, heart attacks, strokes, and
- Birth defects.
- Diminished immune system.
For additional information on the description of
applicable legal sanctions under federal, state or local law for unlawful
possession or distribution of illicit drugs and alcohol, state penalties and
sanctions for illegal possession of controlled substances and descriptions of
health risks associated with use of illicit drugs and abuse of alcohol go to http://www.unk.edu/uploadedFiles/Student_Affairs/vcsa/Drug%20Free%20Schools%20and%20Campuses.pdf
to view the University of Nebraska at Kearney Drug Free Schools and Campuses
The university is committed to providing an institutional environment where all persons may pursue their studies, careers, duties and activities in an atmosphere free of threat of unwelcome and unwanted sexual actions. UNK will not tolerate any form of sexual misconduct.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when;
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic standing.
- Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual, or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working/academic environment.
Complaints regarding sexual harassment of a student by a student can be made to the UNK Senior Student Affairs Officer (Dean), Memorial Student Affairs Building, #180, (308) 865-8528 or Associate Dean: Conrad Hall, (308) 865-8519; or Associate Director Residence Life: Conrad Hall, (308) 865-8519 or the Title IX Coordinator, Director Human Resources: Founders Hall #1200, (308) 865-8388. Further support may be obtained from the UNK Women’s Center whose Assistant Director is a trained licensed mental health counselor and, as such, maintains complete confidentiality; Memorial Student Affairs Building #158, (308) 865-8279.
Complaints regarding sexual harassment of a student by a faculty or staff can be made to the UNK Human Resources Office or Title IX Coordinator: Founders Hall #1200, 308-865-8388.
Sexual activities should be explicitly agreed upon by all parties involved in the act. Verbal communication of non-consent, nonverbal acts of resistance or mental impairment, to include impairment due to alcohol and drug use of the victim will constitute lack of consent. Sexual assault includes sexual penetration (by any object) or sexual contact by intentional touching another’s intimate parts or the clothing covering these parts.
If you are a victim of a sexual offense:
- Get to a safe place.
- Seek medical and counseling assistance. Students can contact: Students can contact: Women’s Center (308) 865-8279 or after hours at (308) 865-8248, Student Health Care at (308) 865-8218, Counseling Care at (308) 865-8248 (24/7) or contact your local physician. Employees can contact Best Care EAP at (800) 666-8606 or contact your local physician.
- Report the incident to the university police at (308) 627-4811 or local police at (308) 237-2104 or 911 in a timely manner.
- Time is a critical factor for evidence collection and preservation. An individual who has been sexually assaulted should not shower, bathe, or douche. If possible do not urinate. Do not eat, drink liquids, take any medications, smoke or brush teeth if oral contact took place.
- Keep the clothes worn during the offense. If clothes are changed place clothes in a paper bag. DO NOT clean any clothing garment.
- Do not destroy any physical evidence. If the crime occurred in the victim’s home, the victim should not clean or straighten until the police have had an opportunity to collect evidence.
Following an incident, victims are encouraged to make a report to campus or local police. If an individual needs assistance in notifying authorities University officials will assist them in doing so. Filing a police report does not obligate prosecution but does provide the opportunity for the collection of evidence, investigation into the allegations and makes legal action possible. The earlier an incident is reported the easier it is to collect valuable evidence.
Victims have the option of keeping their report of sexual assault in complete confidence, protecting their right to anonymity, when making a report through the University Women’s Center, Counseling Care or Best Care EAP for employees. When reporting to anyone other than the University Counseling and Health Care or Best Care EAP individuals are obligated to forward the information on to the University Title IX Office for investigation and to UNK Police and Parking Services for investigation/statistical collection.
University code of conduct action, Title IX action, employee disciplinary action, criminal prosecution and civil suits are all options available to victims of sexual assault. To begin the university conduct process, the campus authority or victim should contact the Title IX Coordinator: Founders Hall #1200, 308-865-8388. the Dean-Student Affairs, Memorial Student Affairs Building, #180, 308-865-8528 University Student Conduct Officer, Nebraskan Student Union #142A, #865-1619 or the Human Resources office Founders Hall #1200, 308-865-8388. Once the university has been notified they are obligated to investigate the incident and complete their processes.
During campus conduct proceedings, (not involving sexual harassment or sexual assault) both the victim and accused may be present. Both may have a counselor, attorney and/or an advisor present to provide support and advice. Both the victim and accused will be informed of the results of the proceeding in the same manner and in the same time period. Victims of other types of crimes of violence or a non-forcible sex offence will be notified on the results of any disciplinary proceeding upon written request. If the alleged victim is deceased as a result of such crime or offense the next of kin shall be treated as the alleged victim.
The following sanctions may be imposed upon an individual who is found to be in violation of this policy; warning, probation, loss of privileges, restitution, referral, discretionary sanctions, residence hall relocation, suspension or expulsion, University suspension or expulsion, demotions or termination.
Students who have been sexually assaulted or harassed or complainants have access to University assistance in changing academic and living situations after an alleged incident. If the request is made by the student or complainant and if such changes are reasonably available, Accommodations to minimize burden on the student or complainant may include:
- Changes of an on-campus student housing to a different on-campus location.
- Assistance from 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.
- Taking an incomplete in a class.
- Transferring between class sections.
- Temporary withdrawal.
- Alternative course completion options.
- Arranging to complete a course or lectures via distance education methods with the assistance of technology.
If individuals need assistance in contacting resources University officials will assist. Other services are available to assist victims through their situation. Some of these organizations are the SAFE Center, Victim Witness, UNK Counseling & Health Care, UNK Women’s Center and Family Advocacy Network (FAN) and Best Care EAP for employees.
The Safe Center provides a place for individuals to escape domestic violence situations. They provide support groups and assist victims throughout the court process.
Phone: (308) 237-2599
Location: 3710 Central Avenue Suite 10.
Victim Witness is given your information once legal proceedings have begun. They will contact you and explain all the steps of the legal process and support you along the way.
Phone: (308) 233-5263.
Location: 2025 Avenue A
The Family Advocacy Network (FAN) provides a safe environment for the survivor while meeting their medical, psychological and safety needs. FAN brings together all necessary parties needed to meet these needs for the survivors. They have trained staff to assist in all aspects of the assault and are equipped with trained medical personnel and equipment.
Phone: (308) 865-7492
Sexual Assault Response Team (SART) is a community coordinated response to sexual assaults which include a sexual assault nurse examiner (SANE), a sexual assault investigator and trained mental and physical health care providers. The SART team can be activated by the majority of the listed agencies.
The Women’s Center is staffed by a licensed mental health practitioner, two personal counseling graduate assistants, and a work study. All are trained to respond to victims of sexual assault using strict confidential guidelines.
Phone: (308) 865-8279
(308) 865-8248 (Available 24 hours a day)
Hours: Monday through Friday—please call! Know that we welcome you.
Location: Memorial Student Affairs Building, South Hallway, Room 158
Counseling Care provides personal counseling intended to empower UNK students with making choices and decisions from within each student's own unique circumstances. The American Counseling Association Code of Ethics and Standards of Practice serves as its standard in provision of services. Strict confidentiality is a core principle. All of Counseling Cares's counselors are master's-prepared and are nationally certified and state licensed.
Phone: (308) 865-8248 (Available 24 hours a day)
Hours: Monday – Friday from 8:00 a.m. to 5:00 p.m.
Location: Memorial Student Affairs Building, South Hallway, Room 144
Health Care staff is comprised of fully licensed, qualified nurse practitioners and registered nurses who provide primary health care services for UNK students. All are trained to respond to victims of sexual assault using strict confidential guidelines.
Phone: (308) 865-8218
Hours: The Health Care clinic is open from 8:00 a.m. to 5:00 p.m. Monday through Friday (Wednesdays 9:00 a.m. to 5:00 p.m.). Walk-in clinic hours are from 8:15 a.m. until 4:00 p.m., and until 6:00 p.m. Thursdays.
Location: Memorial Student Affairs Building, Northwest Door, Room 184
Best Care EAP offers free, confidential counseling for benefit eligible employees and their families. Phone: (800) 666-8606
Prevention, intervention and education programs specifically addressing stalking, relationship violence, sexual assault, rape, acquaintance rape and other sexual offenses are offered by Police and Parking Services, Counseling and Health Care, Women’s Center, Peer Health Education and Residence Life. Some of these programs include RAD (Rape Aggression Defense), and RAPE (Rape Awareness Prevention and Education). Human Resources also provides information to all new employees. They have a library of training resources available to departments and offers training on sexual harassment and Title IX issues.