What to expect if an allegation of employee sexual misconduct is sent to the Title IX Coordinator
Sexual misconduct is conduct 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. This policy applies to all University of Nebraska employees and students regardless of sexual orientation or gender identity, and to all programs and activities under the jurisdiction of the University of Nebraska. A person subjected to sexual misconduct may be helped whether or not a complaint or report of any kind is filed. Changes in academic, living, transportation, and working situations may be made available by the University as remedies to protect persons, complainants, or witnesses.
- Upon receipt of a sexual misconduct complaint or report, the University will provide the Complainant a written notice describing available options. The Complainant may go forward with one or more of the following options at the same time:
- Pursuing a criminal complaint with a law enforcement agency (in order to help law enforcement agencies in their roles, it will be important to preserve any evidence of the misconduct)
- Filing an administrative charge with an external agency
- Using the University’s investigation and disciplinary processes
- University internal investigation and disciplinary proceedings are independent of any criminal or external proceedings.
- The University may pursue disciplinary action against an employee at the same time the employee is facing criminal charges for the same offense, even if the criminal prosecution is pending, or has been dismissed, or the charges have been reduced.
- The University’s investigation may need to be delayed temporarily by, or scheduled around, an ongoing criminal or external administrative investigation
- The Complainant will be asked if he or she wishes to pursue a complaint.
- If he or she does not wish to pursue the complaint and/or requests that his or her identity remain anonymous, the Title IX Coordinator will make note of that wish in the report. The University must balance this request with the need to provide a safe and nondiscriminatory environment for all members of the university community.
- Regardless of the Complainant’s choice, the University is still required to investigate the complaint. The Title IX Coordinator will inform the Complainant if the University cannot ensure anonymity.
- Once the University is aware of allegations of sexual misconduct against an employee, an investigator will be designated by the Title IX Coordinator to conduct an investigation to determine if the allegation(s) have merit.
- Once a complaint has been received by the University, there are several interim actions that can be taken on behalf of the Complainant, which may include:
- Access to available University assistance such as “no contact” orders, changing working schedules, work stations and/or reporting relationships after an alleged incident, if so requested by the employee or Complainant and if such changes are reasonably available.
- Pending completion of an investigation, the University may alter work assignments or conditions of a respondent.
- If a complaint of sexual misconduct is found to have merit, the claim can be resolved through Informal Resolution. During this proceeding, the Respondent may take responsibility for their actions. To which, the Investigator may propose resolution and sanction(s). If both parties are in agreement, the complaint is resolved without a Formal Hearing. When a claim of sexual misconduct against an employee is not concluded through Informal Resolution, a Formal Hearing may be held at the request of either party. A Formal Hearing may also be selected by either party when there has been no attempt at Informal Resolution. Resolution and Hearing Procedures are found in the Response to Allegations of Employee Sexual Misconduct, Sections 6 & 7.
- The Respondent and Complainant will be informed in writing of the findings and of the sanction(s) imposed, if any.
- A list of possible sanctions up to, and including, termination of employment can be found in Section 8 of the Response to Allegations of Employee Sexual Misconduct.
Many laws have been recently updated increasing the reporting requirements. It is important that UNK Faculty and Staff understand what is necessary to report and where to go to do so.
Title IX – Title IX states that if a school knows or reasonably should know about student-on student or employee involved sexual harassment that creates a hostile environment, the school is required to take immediate action to eliminate the harassment, prevent its recurrence, and address its effects. Contact UNK’s Title IX Coordinator at 308-865-8655, to report or for further inquiry.
Clery & SaVE Acts – The Clery Act defines "Campus Security Advisors” (CSA’s) as having “significant responsibility for student and campus activities”. A CSA’s responsibility under Clery is to report crimes that are to be included in an annual report published by the University. The Campus Sexual Violence Elimination (SaVE) Act expands the reportable crimes required by Clery to include Domestic Violence, Dating Violence and Stalking and as such complements Title IX. To report, contact Police and Parking Services at (308) 865-8517 or (308) 627-4811.
Crime Statistic Reporting Form
Hate Crime Statistic Reporting Form
Child Abuse – Reporting the abuse or neglect of someone, age 18 or under, is the responsibility of all of the citizens of Nebraska. These reports may be made to Nebraska Department of Health and Human Services or in the case of an Emergency, 911.
Responding to Students
Faculty and staff members may be among the first to notice a student struggling. Those that have experienced trauma from sexual assault, sexual harassment, relationship violence or stalking may be impacted in their ability to eat, sleep, concentrate, etc. Behavior changes may become noticeable in the form of attendance to class or work; missing or incomplete assignments or tests; becoming either more withdrawn or taking additional risks. Not everyone responds in the same manner, so any behavior that is out of character warrants checking in with that individual.
Checking in may trigger disclosure of a sexual assault, sexual harassment, relationship violence or stalking. Disclosure may also come in the form of homework assignments or electronic media responses. If this happens, you must report it to the Title IX Office (308-865-8655) and/or Police and Parking Services at (308) 865-8517 or (308) 627-4811 immediately! Reporting will include all of the information that was shared with you. Typical examples will be names, dates, locations, witnesses, etc. If you suspect disclosure while checking in or during the course of conversation, you may always stop the conversation and let the individual know that if they tell you about Clery reportable crimes that you will have to involve others but, that confidentiality will be maintained to the greatest extent possible. If remaining anonymous is the students wish, UNK Counseling Care should be contacted: 24/hr. crisis line (308) 865-8248.
It is important for faculty and staff members to know if incidents of sexual assault, sexual harassment, relationship violence or stalking is revealed to them, regardless of whether the incidents occurred on or off campus
, their role is to refer the student to UNK Counseling Care for confidential consultation, to Police and Parking Services and/or to the Title IX office as appropriate for the circumstances.
Services for Employees
If you are experiencing or know a co-worker is experiencing sexual assault, sexual harassment, relationship violence or stalking, they may be referred to Best Care EAP.
These situations must also be reported to the Title IX office at (308) 865-8655. Remedial measures will be made available appropriate to the circumstances.
Reports may also be made to Police and Parking Services at (308) 865-8517 or (308) 627-4811.