Article VIII. Non-Discrimination and Harassment

Section 8.01 Violence & Unacceptable Behavior Policy

A basic tenet of our society is that every citizen has the right to security in both person and property.  Our laws prohibit the physical abuse of persons and the illegal appropriation and destruction of property. The effect of these laws is to provide a setting in which persons can realize their potential as social, political, economic, and creative beings.

Doane is a place of excitement and learning where all ages, abilities and disabilities, races, creeds, orientations, genders, identities, and ethnic and national origins have the opportunity to develop skills and knowledge toward goals that will make them effective citizens and promote their individual and group well-being.

Those students who do not share these goals, who flagrantly or consistently disrupt the educational process, or who physically abuse or harass, or attempt to physically abuse or harass, other persons in the Doane community or the Crete community as a whole, will be subject to disciplinary consequences.  Such individuals may be dismissed from school and may be subject to criminal charges.  Similarly, students who do not respect the property of others, thereby degrading the quality of student life and increasing the cost of education, will be held liable for such damages and may be dismissed from the institution as well as be subject to criminal liability.

Moreover, students found diminishing the dignity of other members of the community through illegal harassment, including sexual harassment, hate speech, hate/bias incidents or other means of disparagement, which are unlawful or inconsistent with the University’s aspiration to produce citizens respectful and tolerant of the diversity of people, may be disciplined or dismissed from the University.  Violation of this policy is prohibited both on campus and off campus during normal work or school hours and outside the normal work or school hours.  Off campus conduct constituting a violation of this policy is subject to disciplinary consequences up to and including expulsion from school when said off campus conduct is determined by the University to affect the normal student/faculty/staff relationships and/ or has negative effects on Doane University’s educational programs, students, faculty or school sponsored activities and/or is so severe, pervasive or objectively offensive that it interferes with student academic performance or student ability to fully participate in Doane University’s educational programs or activities

Students are encouraged to report criminal actions occurring on campus directly to the police by dialing 911.  In addition, they are encouraged to report crimes to the University.

Doane University does not condone and will not tolerate violence of any kind. This prohibition includes, but is not limited to, violation of Doane’s Sexual Assault and Rape Policy, Section 8.02; Doane’s Anti-Harassment Policy, Section 8.04; and Doane’s Bias/Hate Incident Policy, Section 8.03.  Violence prohibited under Doane’s policies includes, but is not limited to:

1. Domestic violence, which includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former co-cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
2. Dating violence, which means violence by a person who has been in a romantic or intimate relationship with the victim.  Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
3. Stalking, which means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.

Section 8.02 Sexual Harassment, Sexual Assault, Dating/Domestic Violence, and Stalking Policy (Title IX Policy)

STATEMENT OF PURPOSE

Doane University, referred to as the “University”, is committed to providing a safe and non-discriminatory learning, living, and working environment for all members of the University community. This policy addresses the University’s responsibilities under Title IX, the Violence Against Women Re-authorization Act of 2013, and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). 

Doane University does not condone and will not tolerate sexual misconduct, sexual or gender-based harassment, intimate partner violence, stalking and all other terms below defined (collectively referred to throughout as “Prohibited Conduct”). This policy refers only to those incidents that occur on campus or within the scope of campus activities and/or educational programs. Off-campus incidents (including those that occur in a study abroad context), incidents that fall outside the definitions listed below, and incidents that are reported after graduating, after a student voluntarily leaves the campus (by unenrolling or transferring), or leaving employment at the University are subject to our non-discrimination policy which can be found here.

Good Samaritan Policy

The Doane community values the health and safety of its members and supports an environment that encourages community members to come to the assistance of one another. To that end, the Good Samaritan policy applies to the Complainant, Respondent, third-party reporters, and all witnesses who were under the influence of alcohol or other substances when the Prohibited Conduct occurred. These individuals will not face judicial consequences for the use of alcohol or other substances. The Good Samaritan policy applies only to Doane students in accordance with other Student Handbook policies. Law enforcement may have different requirements.

WHEN AND TO WHOM THIS POLICY APPLIES

To Whom This Policy Applies

Any student, staff, faculty, or third party member (e.g. contractors, vendors, those contractually obligated to the University, in addition to visitors and guests of the University) has the option to file a formal complaint against a member of the community who is believed to have violated the policy. 

When This Policy Applies

1. The conduct occurs on University grounds, buildings, or other property owned, leased, or controlled by the University; or

2. The conduct occurs in the context of a University education program or activity within the United States, including online. An education program or activity is defined as programs or activities in which the University is in substantial control of the context, circumstances, and the respondent. 

3. The conduct occurs to an individual within the United States.

Note: Please see our Non-Discrimination Policy: Preventing and Addressing Discrimination, Harassment, and Retaliation & Reporting Procedures if you would like to report an incident that falls outside the above criteria. 

Any person having inquiries concerning the University’s compliance with the regulations implementing Title VI, of the Civil Rights Act 1964, or Section 504 of the Rehabilitation Act of 1973, is directed to contact: 

• Anne Ziola, Director of Human Resources and 504 Compliance Officer at anne.ziola@doane.edu or 1014 Boswell Ave., Crete, NE 68333; (402) 826-6795. 

Any persons having inquiries concerning the University’s compliance with the regulations of implementing Title IX of the Education Amendments of 1972, is directed to contact:

• Leah Cech, Equity Compliance Officer (Title IX Coordinator) at titleix@doane.edu, or Perry Campus Center, 1014 Boswell Ave. Crete, NE 68333; (402) 826-8118.

Any person may also contact the Assistant Secretary for Civil Rights, U.S. Department of Education, regarding the institution’s compliance with the regulations implementing Title VI, Title IX, or Section 504.

EMPLOYEE RESPONSIBILITY TO REPORT ALLEGATIONS

There are (3) general classifications of employees on campus. Two categories of employees, Confidential and Referral, have the ability to maintain a Complainant’s confidentiality. Responsible Employees, while they do not have the authority to institute corrective measures, are required by the University to report incidents of Prohibited Conduct to the Equity Compliance Officer (Title IX Coordinator).

(1) Confidential Resources (individuals listed in Section 8.07 with legally protected confidentiality): Confidential Resources can maintain the confidentiality of a Complainant’s disclosures and will not share any information with the University, subject to the exception of threat to self and others, or ongoing abuse of a minor.

(2) Responsible Employees: While able to maintain an individual’s privacy, Responsible Employees are required to immediately share all known details of incidents of Prohibited Conduct with only the Equity Compliance Officer (Title IX Coordinator). Doane considers all employees referred to as “Campus Security Authorities” (CSA) under the Clery Act as “Responsible Employees” or “Mandatory Reporters” within the scope of their CSA duties (e.g. an employee serving as an advisor for a student organization is only considered a Responsible Employee when serving in that role). You can find a full list of our CSAs here. 

Supervisors who receive reports of Prohibited Conduct from individuals they supervise are also required to share all known details with the Equity Compliance Officer (Title IX Coordinator).

(3) Referral Employees: All other employees who do not fall into categories (1) and (2) will be responsible for ensuring they provide a referral to confidential resources. These individuals will be trained yearly on how to respond to disclosures of interpersonal violence and the various resources offered. These employees are not subject to reporting requirements to the Equity Compliance Officer (Title IX Coordinator) nor do they have the authority to institute corrective measures. 

Training: All Responsible Employees, Campus Security Authorities, and Referral Employees are trained on an annual/ongoing basis. 

Clery Act Reporting: Pursuant to the Clery Act and VAWA, the University includes statistics about certain offenses in its daily crime log and Annual Security Report (ASR) and provides those statistics to the United States Department of Education in a manner that does not include any identifying information about persons involved in an incident. The University will also issue a timely warning to the community for reports of Clery-defined conduct that constitutes a serious and ongoing threat, as outlined in the Annual Security Report. All efforts will be made to maintain the privacy of the Complainant.

CAMPUS TRAINING

New students and new employees will be provided primary prevention and awareness programs to promote awareness of sexual assault, rape, sexual harassment, date rape, acquaintance rape, domestic violence, dating violence and stalking within the Doane community.  The training programs will include:

• the fact that Doane University prohibits these conducts and offenses;
• the definition of the prohibited conduct and offenses;
• the definition of consent with reference to sexual offenses;
• safe and positive options for bystander intervention which an individual may take to prevent harm or intervene in risky situations;
• how to recognize signs of abuse behavior and how to avoid potential attacks
• the presence of ongoing prevention and awareness campaigns for students, employees and faculty at Doane University as they relate to each of these topics.

DEFINITIONS

Sexual Harassment

Conduct on the basis of sex that satisfies one or more of the following: 

1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); 

2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education programs or activities; or 

3. Sexual assault (as defined in the Clery Act), or dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).

Note: Please see our non-discrimination policy if you would like to report an incident that falls outside the above criteria. 

Sexual Assault 

Sexual assault is any type of sexual contact that occurs without the explicit consent of the recipient. Sexual assault is forced, manipulated, or coerced sexual contact. 

Sexual contact is defined as:

• any intentional sexual touching with any object or body part, however slight, of the breasts, buttocks, groin or genitals, whether clothed or unclothed, or intentionally touching another with any of these body parts; or

• forcing or coercing another person to touch you or themselves in a sexual manner.

A number of different acts fall into the category of sexual violence, including rape, fondling, and sexual exploitation. 

Rape

Engaging in sexual intercourse (oral, anal, or vaginal) with another person without that person’s consent or cognizance. Rape is 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 consent. Rape may be accomplished by forcing or coercing an individual(s) to have sexual intercourse against their will, including the use of threat of physical force, or any behavior that is designed to intimidate and induce fear. Rape is the use of sex to inflict physical and emotional violence and humiliation on or to exert power and control over an individual. 

Rape can occur when an individual is under the influence of alcohol or drugs, is undergoing physical or emotional trauma, or is incapable of denying or giving consent (for example, when they are underage or in an unconscious or semi-conscious state). 

Acquaintance or date rape is rape committed against an acquaintance, friend, or date under any of the conditions described above. An individual’s consent to socialize or date does not constitute consent to sexual intercourse. Acquaintance or date rape is still rape. According to RAINN, 7 out of 10 rapes are acquaintance or date rape, making this the most common type of rape. 

Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent. In Nebraska, that is the age of 16. Statutory rape occurs when an individual is less than 16 and the other individual is at least 19. 

Incest

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 

Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, without consent of the person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental capacity. 

Sexual Exploitation

Sexual exploitation is defined as purposefully taking advantage of another person without consent for the purpose of sexual gratification, financial gain, or personal benefit or advantage. It may involve use of one’s own or another individual’s nudity or sexuality.

Examples of Sexual Exploitation include, but are not limited to:

• Inducing incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to consent to sexual activity;

• Disseminating, streaming, posting pictures or video, allowing someone to observe from a hidden location another person(s) in a state of undress, content of a sexual nature, or private sexual activity without the consent of all parties;

• Voyeurism: such as watching or taking pictures, videos, or audio recordings of another person in a state of undress or of another person engaging in a sexual act without the consent of all parties;

• Exposing one’s genitals to another person without consent;

• Forcing a person to engage in sex work; or

• Knowingly exposing another individual to a sexually transmitted infection or virus without the other individual’s knowledge and consent.

Revenge Porn

Revenge porn is a type of sexual exploitation that is illegal in Nebraska. Revenge porn is defined as sharing private images of intimate areas or people engaged in sexual acts. Threatening to distribute such images with the intent to intimidate or harass a person also falls within this definition.

Intimate Partner Violence

Intimate Partner Violence is an umbrella term that includes any act of violence or threatened act of violence used to maintain power and control over another. This can be a single act or a pattern of behavior within a relationship. 

An occurrence of Intimate Partner Violence will be judged:

• Objectively: a reasonable person would find the behavior to be emotionally, physically, or psychologically abusive

• Subjectively: the Complainant felt the behavior was emotionally, physically, or psychologically abusive

Intimate partner violence includes, but is not limited to, physical, sexual, emotional, economic, spiritual, and/or psychological actions or threats of action, including threatening to reveal personal or confidential information (including, but not limited to, information regarding one’s gender identity and/or sexual orientation). Prohibited Conduct under this definition includes threats of violence or harm to one’s self, one’s family member(s) and/or friend(s), and/or one’s pet. 

Domestic Violence

Domestic Violence is defined as abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another. This can be a single incident or pattern of behavior. Domestic Violence can be physical, sexual, emotional, economic, spiritual, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. 

Domestic Violence includes asserted violent misdemeanor and felony offenses committed by an individual’s current or former spouse, current or former intimate or romantic cohabitant, a person with whom the individual shares a child, a person similarly situated to a spouse under domestic or family violence law, or anyone else protected under domestic or family violence law.

Dating Violence

Dating Violence is defined as abusive behavior where one person uses threats of abuse, or actual abuse, to exert power and control over a current or former dating partner. This can be a single incident or pattern of behavior. Dating violence often involves a pattern of escalating violence and abuse over a period of time. Dating violence can include any person, regardless of gender, who is or has been in a social relationship of an intimate or romantic nature with another person primarily characterized by the expectation of affectionate involvement whether casual, serious, or long-term. Such a relationship will be gauged by its length, type, and frequency of interaction.

Dating Violence covers a variety of actions and can include physical, sexual, emotional, economic, spiritual, or psychological actions or threats of actions that influence another person. It can also include “digital abuse,” the use of technology, such as smartphones, the internet, or social media, to intimate, harass, threaten, or isolate an individual.

Stalking

Stalking is defined as a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to fear for their or others’ safety, or to suffer substantial emotional distress.

For the purposes of this definition- 

• Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. 

• Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant. 

• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Stalking often involves individuals who are known to one another or who have a current or previous relationship, but may also involve individuals who are strangers. Stalking is dangerous and can often cause severe and long-lasting emotional and psychological harm to an individual. Stalking often escalates over time and can lead to domestic violence, sexual assault, and even homicide. Stalking can include frightening communications, direct or indirect threats, and/or harassing an individual through the internet, also known as cyber-stalking. Cyber-stalking is a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, and/or other similar devices or forms of contact are used.

Stalking can include:

• Repeated, unwanted, intrusive, and frightening communications by phone, mail, email, and/or the internet;

• Repeatedly leaving or sending an individual unwanted items, even if they appear harmless such as presents, or flowers;

• Following or laying in wait for an individual at places such as home, school, work, or recreation place;

• Making direct or indirect threats to harm an individual, or the individual’s children, relatives, friends, or pets;

• Damaging or threatening to damage an individual’s property;

• Posting information or spreading rumors about an individual on the internet, in a public place, or by word of mouth; and/or

• Obtaining personal information about an individual by accessing public records, using internet search services, hiring private investigators, going through an individual’s garbage, following an individual, contacting an individual’s friends, family, work, or neighbors, etc.

Consent

Consent is a willing agreement and permission to engage in specific forms of sexual activity with other persons. It is the responsibility of each person to ensure they have the consent of others to engage in the sexual activity. Consent is always freely given and all people in a sexual situation must feel that they are able to say “yes” or “no” or stop the sexual activity at any point. When consent is withdrawn, sexual activity must cease.

Consent is: 

• Informed: having knowledge of the sexual activity to which you are agreeing;

• Voluntary: acting of one’s own free will;

• Mutual: all parties involved are in agreement;

• Ongoing: if confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and clarifies the others’ willingness to continue;

• Checking in with your partner(s) throughout the course of progressive sexual activity;

• Expressed outwardly through mutually understandable words or actions;

• Doane describes consent briefly as: Clear, Coherent, Willing and Ongoing.

Consent cannot be obtained when there is force, expressed or implied, when coercion or threats are used, or when a party is incapacitated. 

• Force: Expressed or implied physical violence, or force, means that a person is exerting control over another person through the use of physical force. Examples of physical violence include hitting, punching, slapping, kicking, restraining, choking, and brandishing or using any weapon.

• Threats are words or actions that would compel a reasonable person to engage in unwanted sexual activity. Examples include threats to harm a person physically, to reveal private information to harm a person’s reputation, or to cause a person academic or economic harm.

• Coercion is the use of an unreasonable amount of pressure and/or persistence to gain sexual access. It is more than an effort to persuade, entice, or attract another person to have sex. When a person makes clear their decision not to participate in a particular form of sexual contact or sexual intercourse, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can be coercive. In evaluating whether coercion was used, the University will consider: 

  • the frequency of the application of the pressure, 

  • the intensity of the pressure, 

  • the degree of isolation of the person being pressured, and 

  • the duration of the pressure.

• Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity. Consent cannot be gained by taking advantage of the incapacitation of another.

A person who is incapacitated is unable, temporarily or permanently, to give consent because of mental or physical helplessness, sleep, unconsciousness, or lack of awareness that sexual activity is taking place. Mental helplessness means a person is rendered temporarily incapable of appraising or controlling one’s own conduct. Physically helpless means a person is physically unable to verbally or otherwise communicate consent or unwillingness to an act.

A person may be incapacitated as a result of the consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental health condition. When alcohol or other drugs are involved, incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking or using drugs; the level of impairment must be significant enough to render the person unable to give consent. Where alcohol or other drugs are involved, evaluating incapacitation requires an assessment based on objectivity and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.

One must look for the common and obvious warning signs that show that a person may be incapacitated due to drugs or alcohol. Typical signs often include slurred or incomprehensible speech, unsteady manner of walking or difficulty maintaining balance, inability to focus eyes, disorientation, combativeness, emotional volatility, vomiting, incontinence, or unresponsiveness. Engaging in sexual activity with a person when you know - or reasonably should know - that the person is incapacitated is a violation of University policy.

Consent cannot be obtained if a person is incapable of giving consent based on:

• Mental incapacitation: a person impaired so that such person cannot understand the fact, nature, or extent of the sexual situation;

• Age of consent: Nebraska age of consent is 17 years old. However, a 16 year old can, in some cases, consent to sexual activity with someone who is no more than two years their senior.

Consent should not be assumed through: 

• Body language, appearance, or non-verbal communication: One should never assume by the way a person dresses, smiles, looks or acts, that they want to have sex with you.

• Dating relationships or previous sexual activity: The existence of a dating relationship or past sexual relations between the persons involved should never by itself be assumed to be an indicator of consent (nor will subsequent sexual relations or dating relationship alone suffice as evidence of consent to prior conduct).

• Marriage: Even in marriage, a person should not assume they have consent for sexual activity.

• Previous activity: Past consent to sexual activity does not imply ongoing consent or consent to that same sexual activity with another person. Consent to engage in one sexual activity at one time is not consent to engage in a different sexual activity or to engage in the same sexual activity on a later occasion. 

• Silence, passivity, lack of resistance, or immobility: Silence or absence of resistance or protest does not imply consent. 

• Incapacitation: If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes:

  • impairment or incapacitation due to alcohol or drug consumption that meets this standard. Alcohol is often used as a weapon to target individuals and is used to excuse a Respondent’s own actions. Students who are assaulted while intoxicated will not face judicial consequences for drinking. We encourage people to report. 

  • being asleep or unconscious. 

• Sexual orientation or gender identification: How someone identifies or expresses their gender or sexuality does not imply consent. 

WHAT TO DO IF AN INCIDENT OCCURS

Sexual Harassment

1. Document the harassment. You should:

   1. Keep a journal with detailed information: dates, time, witnesses, conversation, frequency, etc.

   2. Photograph or keep copies of any offensive material at the workplace. Save emails and other documents to a dedicated file that you have access to outside of work. 

   3. Tell trusted people, including personal friends and co-workers if possible.

2. Seek out support. Our Counseling Center is available for Crete students (myron.parsley@doane.edu; darcy.dawson@doane.edu, mindy.parker@doane.edu). Counseling services are available through Continuum EAP for Lincoln, and Omaha undergraduate students and all staff and faculty. These services are confidential and only meant for support, not for creating a report. 

3. Make a formal complaint to the Equity Compliance Officer (Title IX Coordinator) (titleix@doane.edu).

Sexual Assault

1. Get to a safe place. The most important thing after an incident of sexual assault is your safety. 

Note: It is important to preserve evidence as it may be needed to get a protection order with the local police department or for a criminal investigation (i.e. avoid showering, bathing, washing clothing, deleting electronic communications, etc.).

2. Know your options:

   1. You can report the incident to local law enforcement, a Residential Life Staff member, the Equity Compliance Officer (Title IX Coordinator), or any Doane employee designated as a Responsible Employee. 

Note: You have the right to decline involving the police.

• Crete Police Department (402)826-4311
• Residential Life Emergency Line (402)418-1575
• Doane Safety Office (402)826-8669
• Equity Compliance Officer (402)826.8118
• Omaha Police Department 402.444.5600
• Lincoln Police Department 402.441.6000

3. You can seek medical care. Call 911 or go to your nearest hospital emergency room to be examined and treated for injuries. The doctor or nurse may give you medicine to reduce the likelihood of HIV and some other sexually transmitted infections (STIs) and emergency contraception to prevent pregnancy.

Note: You have the right to request the presence of a victim advocate during your medical examination. Ask the police or nurse to request an advocate from a local crisis center on your behalf. 

4. You can seek confidential resources and guidance from the Counseling Center or a local victim services agency:

• Crete

• Lincoln

• Omaha

5. If you want to report to the police, any of the offices listed above or personnel at the hospital can help you contact the local police. If you are in immediate danger, call 911. 

Note: Doane University will provide assistance if you choose to report to the local police department. 

6. If you want to talk to someone first about reporting the assault, you can call the National Sexual Assault Hotline at 800-656-HOPE (4673). An advocate or counselor can help you understand how to report the crime.

7. If possible write down as many details as you can remember about the person and what happened. This will help you provide information in the event that you want to report the incident. With good information, police, medical examiners, and/or the Equity Compliance Officer (Title IX Coordinator) will be better able to assist you.

8. You may also report any sexual assault incident that happened in the past to any of the offices below.

• Police Department 

  • Crete: (402)826-4311

  • Lincoln: 402.441.6000

  • Omaha: 402.444.5600

• Equity Compliance Officer (Title IX Coordinator) (402)826.8118

• Doane Safety Office (402)826-8669

• Residential Life Emergency Line (402)418-1575

If you choose to report, avoid these things: 

• Washing or cleaning your body. If you shower, bathe, or wash after an assault, you might wash away important evidence. 

• Brushing, combing, or cleaning any part of your body, including your teeth. Don’t change clothes, if possible. If not, bag the clothing you were wearing during the assault. 

• Touching or changing anything at the scene of the assault. That way, the local police will have physical evidence from the person who assaulted you.

Useful information to be aware of:

• The National Sexual Assault Hotline at 800-656-HOPE (4673) can help you find a hospital with staff members who are trained to collect evidence of sexual assault. Ask for a sexual assault forensic examiner (SAFE) or a sexual assault nurse examiner (SANE). 

• A doctor or nurse will use a rape kit to collect evidence. This might be fibers, hairs, saliva, semen, or clothing left behind by the Respondent. You do not have to decide whether to press charges while at the hospital. You do not need to press charges in order to have evidence collected with a rape kit.

• If you think you were drugged, talk to the hospital staff about testing for date rape drugs, such as Rohypnol and GHB (gamma-hydroxybutyric acid). Date rape drugs pass through the body quickly and may not be detectable by the time you get tested.

• Reach out for help. The hospital staff can connect you with the local rape crisis center. Staff there can help you make choices about reporting the sexual assault and getting help through counseling and support groups. You can also call a friend or family member you trust to call a crisis center or hotline for you. Crisis centers and hotlines have trained volunteers and other professionals (such as mental health professionals) who can help you find support and resources near you. One hotline is the National Sexual Assault Hotline at 800-656-HOPE (4673). If you are in the military, you may also call the Department of Defense Safe Helpline at 877-995-5247.

Intimate Partner Violence

It can take someone who has experienced intimate partner violence multiple times to leave an abusive relationship. We are here to help you stay safe. 

Below are recommendations. By no means must you follow all of the below.

1. If you are in immediate danger, call 911. Get to a place of safety.

2. If you are injured, go to a doctor or an emergency room and report what happened to you. Ask that they document your visit.

3. Contact a crisis hotline, victim services agency, local police department, or counselor. 

4. Create a safety plan with help from local victim services agency advocates. They can give you information about local laws, refer you to other services, and weigh options such as seeking a protection order.

5. Keep a record of significant information:

   1. Date, time, place, and event

   2. Threatening messages, notes, letters, emails, or texts

   3. Pictures of injuries

6. Decide in advance what to do if your partner shows up at your home, work, school, or somewhere else. Tell people how they can help you.

7. Contact the police. 

8. If comfortable, tell family, friends, roommates, and co-workers and seek their support. 

9. If comfortable, tell the Doane Safety Office. Ask them to work with you to create a safety plan. 

Stalking

1. If you are in immediate danger, call 911. Get to a place of safety.

2. You can contact a crisis hotline, victim services agency, local police department, or counselor. 

3. Create a safety plan with help from local victim services agency advocates. They can give you information about local laws, refer you to additional services, and weigh options such as seeking a protection order.

4. Keep a record of any significant events/people

• Date, time, and place
• Phone calls (save any voicemails)
• Gifts, letters, notes, texts, or emails
• Photograph anything the stalker damages and any injuries the stalker causes 
• Vehicles parked outside your home, class, or workplace (take a photo if possible, note the registration, make, and color)
• People you told of an incident or who were witnesses (ask witnesses to write down what they saw)

5. Decide in advance what to do if the stalker shows up at your home, work, school, or somewhere else. Tell people how they can help you.

6. Don’t communicate with the stalker or respond to attempts to contact you. 

7. Contact the police. Consider getting a court order that tells the stalker to stay away from you. 

• Tell the police the nature of your relationship with the stalker, if any.

• Tell the police if there is a current protection or restraining order in place. Take a copy of this order with you.

8. Tell family, friends, roommates, and co-workers about the stalking and seek their support. 

9. Tell the Doane Safety Office. Ask them to work with you to create a safety plan.

GRIEVANCE PROCEDURES

In the event that the University has actual knowledge of the occurrence of Prohibited Conduct as defined within this policy, the Equity Compliance Officer (Title IX Coordinator) will schedule an initial meeting with the Complainant. During this meeting, supportive measures will be offered to restore the Complainant’s equal access to education. 

If and when a Formal Complaint is filed by the Complainant, the University will provide a prompt and equitable resolution of complaints of Prohibited Conduct. The University will ensure the procedures listed in this policy are followed providing for equal protection to both the Complainant and Respondent - including the assumption that the Respondent is not responsible for the Prohibited Conduct until the hearing reaches a conclusion. 

If an individual chooses not to file a Formal Complaint initially, they may do so at any point in the future. There is no statute of limitations on the filing of a complaint for Title IX purposes.

Time Frame of a Title IX Investigation

Upon receipt, the University will act promptly to address the complaint. A Title IX Investigation and Grievance Process should normally be completed within 75 calendar days after the University has notice of an allegation of Prohibited Conduct. The Equity Compliance Officer (Title IX Coordinator) or their designee may extend or delay this time frame for good cause, including University breaks and delays caused by a concurrent law enforcement investigation. 

Supportive Measures

Supportive measures are non-punitive measures that are taken to ensure the Complainant maintains access to the University’s education programs and activities. A comprehensive list can be found in Section 8.06. Upon first meeting, the Equity Compliance Officer (Title IX Coordinator) will provide supportive measures for the Complainant. 

Reporting Options

Filing a Complaint

1. Person(s) wishing to bring a complaint of Prohibited Conduct through the campus formal complaint process should contact the Equity Compliance Officer (Title IX Coordinator) Leah Cech: titleix@doane.edu, 402.826.8118. The Equity Compliance Officer will apprise the Complainant of the University’s policies and grievance procedures, including the procedures for the live hearing, and possible outcomes.

Note: any person can file a report of Prohibited Conduct, whether or not the person reporting is the alleged victim. 

2. If the Complainant wishes to proceed with a Formal Complaint, they must submit a formal complaint against the Respondent. The formal complaint may be filed via handwritten submission, email, mail, or phone. The complaint shall include a statement of the situation, date(s) of occurrence, and all parties related to the complaint. 

3. As a result of the initial discussions between the Complainant and the Equity Compliance Officer (Title IX Coordinator), the University will conduct a prompt, thorough, and equitable investigation into the matter, and will take any steps it deems appropriate to provide for the safety and security of all involved parties. 

4. An investigation will take place regardless of whether the Complainant chooses to file a formal written complaint to determine if an ongoing threat to the campus environment exists. By signing a formal complaint, the Equity Compliance Officer (Title IX Coordinator) can begin the formal complaint process on their own, even at times against the wishes of the Complainant, if there is an ongoing threat to the campus environment.

5. The University will attempt to honor a Complainant’s request for confidentiality unless an effective investigation cannot be conducted without disclosure of the Complainant’s identity. In which case the University will provide as much privacy for those involved as possible

6. Direct additional questions to the Equity Compliance Officer (Title IX Coordinator), Leah Cech: titleix@doane.edu, 1014 Boswell Ave., Crete, NE 68333; or 402.826.8118.

University Dismissal of a Formal Complaint

At any time during the investigation, a Complainant may withdraw their complaint. This must be made in writing and submitted to the Equity Compliance Officer (Title IX Coordinator). Additionally, the University must dismiss a complaint if:

• the alleged Prohibited Conduct falls outside the definition listed within this Policy; 

• the alleged Prohibited Conduct did not occur within the University’s education programs or activities; and/or

• the alleged Prohibited Conduct occurred or the allegations are against a person outside of the United States. 

In the event that the University dismisses a Formal Complaint for the aforementioned reasons, the University must provide written notification of the dismissal to all parties that includes the reasons why the complaint was dismissed. 

If you feel your allegations do not meet the standards outlined within this policy, please see our non-discrimination policy. If the event that the University dismisses your Formal Complaint for the aforementioned reasons, you may have recourse through our non-discrimination policy.

File a Complaint with the local Law Enforcement Agency

In addition to, and separate from, seeking redress through the University, the Complainant is encouraged to report criminal concerns to local law enforcement. Local law enforcement agencies do not notify the university when a crime has occurred in their jurisdiction, so the University will not have notice of an incident unless a report is also made to the University Equity Compliance Officer (Title IX Coordinator). A criminal investigation is separate from a University process and will not impact the investigative and adjudication process by the University. 

While the University will never file a criminal complaint on behalf of a Complainant, we will provide support to someone who is wishing to speak with and file a complaint with a law enforcement agency. 

Note: reports to the police are not a requirement under this policy.

Choose not to file a formal complaint

A person may choose not to file a formal complaint with the Equity Compliance Officer (Title IX Coordinator). In such cases, the Equity Compliance Officer will evaluate whether there is an ongoing threat of prohibited conduct within the community. If there is an ongoing threat, the Equity Compliance Officer is obligated to continue an investigation with the information received. However, if it is determined that an ongoing threat does not exist, the Equity Compliance Officer will not proceed with an investigation, but will provide supportive measures. If an individual chooses not to file a Formal Complaint initially, they may do so at any point in the future. There is no statute of limitations on the filing of a complaint for Title IX purposes.

Investigation

All interviews and meetings conducted in the course of a campus investigation will be video-taped. In addition to the below outlined requirements of written notice, all parties will be informed at each step of the Grievance Process.

Requirements of Written Notice

The University is required to send simultaneous, written notification (email or letter) to both the Complainant and Respondent: 

• Prior to any meeting, interview, or hearing throughout the investigation or hearing process.

• If a Formal Complaint is dismissed as outlined in the “University Dismissal of a Formal Complaint” section. 

• At the conclusion of the hearing process. 

• If an appeal is filed, at the conclusion of the appeal hearing. 

Investigator Training

Training for the Equity Compliance Officer (Title IX Coordinator) and Investigators will be consistent with Title IX and will include: 

• The definition and scope of the Prohibited Conduct;

• How to conduct an investigation into an alleged occurrence of sexual misconduct; 

• How to serve impartially, including training on how to avoid prejudgment determinations, conflicts of interest, and bias;

• The full grievance process; and

• Issues of relevance, primarily regarding application of Privacy Protections.

Investigation Process

The University assumes the responsibility for the burden of proof and for gathering evidence during the Investigation Process.  

Overview of Grievance Process

1. File a report/initial meeting of Complainant and Equity Compliance Officer (Title IX Coordinator)

2. Supportive measures provided and next steps in the Grievance Process discussed

3. File a formal complaint, if desired

4. Investigation:

   1. Meeting between Complainant and Title IX Investigator

   2. Meeting between Respondent and Title IX Investigator

   3. Meetings with witnesses and Title IX Investigator

   4. Review of the evidence by all parties involved

   5. Investigator submits evidence to Special Hearing Board

   6. Special Hearing Board hears the case with guidance from General Counsel

      1. Mandatory live hearing with cross examination

   7. The Special Hearing Board makes a decision of responsible or not responsible and provides sanction recommendations to the Senior Judicial Officer. 

   8. The Senior Judicial Officer determines sanction  

5. Both parties notified simultaneously of the outcome in writing

6. Both parties may appeal to the President 

7. Sanctions administered by the Equity Compliance Officer (Title IX Coordinator) 

Detailed

1. After the determination is made to proceed with a Title IX Investigation, the Equity Compliance Officer (Title IX Coordinator) will assign an investigator(s).

   1. The Equity Compliance Officer has the authority to consolidate formal complaints where allegations arise out of the same facts. 

2. The Equity Compliance Officer will meet with the Complainant to collect all information related to the alleged incident, including evidence and witness information. 

3. The Complainant may have one advisor of their choice present at this or any other investigatory meetings where the substance of the complaint is discussed.

   1. If the Complainant fails to choose an Advisor, the University will appoint an Advisor for the live hearing. 

   2. The role of the Advisor is to support the Complainant and provide advice to the Complainant in a manner that does not disrupt the meeting. The Advisor may not question the investigator or attempt to influence the substance of the information being provided. If the Advisor fails to act in accordance with these guidelines, they may be barred from further participation in the meeting. During the live hearing, the Advisor will perform the cross-examination for the Complainant. 

4. A written summary of this discussion, video, and all other evidence will be included in the investigation file. 

5. Following receipt of the formal complaint, the Equity Compliance Officer (Title IX Coordinator) will inform the Respondent of the complaint by the end of the next business day if the whereabouts of the Respondent are known. If the whereabouts of the Respondent are not known, the University will inform the Respondent of the complaint as soon as the Respondent is located. 

6. The Equity Compliance Officer (Title IX Coordinator) will assign an Investigator. 

7. The Respondent will have 24 hours from the time the Investigator contacts the Respondent to arrange for an investigative meeting to provide a statement about the allegation and to answer questions from the investigator. 

   1. The Respondent is not required to provide a statement, witnesses, or evidence on their own behalf. However, choosing not to provide information to the investigator will not impede the investigation and hearing from moving forward; rather, the case will proceed with only statements, witnesses, and evidence provided by others during the investigation.

8. The Equity Compliance Officer (Title IX Investigator) will meet with the Respondent to obtain a statement regarding the allegation, collect all information related to the alleged incident, including evidence and witness information.

9. The Respondent may have one Advisor of their choice present for this or any other investigatory meetings where the substance of the complaint is discussed. 

   1. If the Respondent fails to choose an Advisor, the University will appoint an Advisor for the live hearing. 

   2. The role of the Advisor is to support the Respondent and provide advice to the Respondent in a manner that does not disrupt the meeting. The Advisor may not question the investigator or attempt to influence the substance of the information being provided. If the Advisor fails to act in accordance with these guidelines, they may be barred from further participation in the meeting. During the live hearing, the Advisor will perform the cross-examination for the Respondent. 

10. A written summary of this discussion, video, and all other evidence will be included in the investigation file. 

11. The Investigator will meet with any witnesses identified by the Complainant or Respondent.

    1. All Doane University faculty, staff, students and community members are expected to cooperate in the investigation process, although the Respondent has the right not to incriminate themselves.

12. A written summary of these discussions, video, and all other evidence collected will be included in the investigation file.

13. In addition to meeting with witnesses, the Complainant and Respondent have the opportunity to present evidence and other inculpatory and exculpatory evidence following certain Privacy Protections. 

14. Throughout the course of the investigation, it may be necessary to recall the Complainant, Respondent, or witnesses to clarify information or ask questions as new information becomes available. Those who are recalled during the course of the investigation must respond to requests from the Equity Compliance Officer (Title IX Investigator) within 24 hours. 

15. At the completion of the investigation, the Investigator will create an impartial, fairly written summary of the relevant evidence. 

16. The Equity Compliance Officer will provide both parties, and their advisors, access to all evidence directly relating to the allegations as well as the impartial summary of the relevant evidence. 

    1. Parties must be given 10 days to review this evidence before they can be expected to respond. 

    2. Their responses must be completed prior to the finalization of the investigative report or convening of the Special Hearing Board. 

17. After approval from both parties, the Equity Compliance Officer (Title IX Coordinator) will convene the Special Hearing Board and provide the evidence. 

Hearing Process 

Standard of Proof

The standard of proof for complaints heard by the Special Hearing Board will be preponderance of the evidence or “more likely than not that the prohibited conduct occurred”. 

Privacy Protections

Limitation on Evidence. The University must not use, rely on, or seek disclosure of information protected under a legally recognized privilege (e.g. medical or psychological information). A party may waive this privilege allowing the University to use this information. 

Rape Shield Protections. All cross-examination must exclude evidence of the Complainant’s previous sexual behavior or history. Questions that seek this information will be deemed irrelevant by the Hearing Officer. Exceptions to this protection involve evidence: 

• offered to prove that someone other than the respondent committed the conduct alleged by the Complainant; or 

• presented to prove consent.

The Special Hearing Board

• All incidents of alleged Sexual Misconduct (5.02) involving members of the University community will be adjudicated by a Special Hearing Board consisting of five members selected on a rotating basis from a pool of trained individuals. 

• The Equity Compliance Officer (Title IX Coordinator), in consultation with the Division of Student Affairs, will coordinate the management of the pool of individuals for the Special Hearing Board. This includes periodic recruitment and training of individuals. 

• Training of all Special Hearing Board members will be the responsibility of the Equity Compliance Officer (Title IX Coordinator). The Equity Compliance Officer and each member of the pool will come to an agreement as to their readiness to hear the case.

• Training for the board will be consistent with Title IX and shall include:

  • The definition and scope of the Prohibited Conduct;

  • How to serve impartially, including how to avoid pre-judgment determinations on issues of fact or credibility of the parties;

  • Issues of relevance, primarily regarding application of Privacy Protections; and

  • Technology used for Live Hearings. 

• The pool of Special Hearing Board members shall consist of individuals drawn from the campus community (Doane faculty and staff). An attempt will be made to maintain gender-balanced representation for all areas of the campus community. 

  • The Special Hearing Board members will be free from conflicts of interest according to Adjudication of the Complaint 1a.

Note: In accordance with the recommendations from the Office of Civil Rights (OCR), students are not permitted to serve on the Special Hearing Board for alleged incidents of sexual misconduct.

• The Equity Compliance Officer (Title IX Coordinator), convening the board, will appoint one member of the board as chairperson for the case.

• Legal Counsel for the University will act as the Hearing Officer. They will provide technical and legal advice to the Special Hearing Board and assist with the conduct of the hearing, including determination of cross examination question relevance, but legal counsel is not a voting member of the board. 

• The investigation and deliberations will be conducted to insure interests of both parties are carefully protected. All matters before the Special Hearing Board are closed to the public. 

• The hearing conducted by the board will be videotaped. The investigation and hearing tapes, transcripts, documents and all evidence will be sealed in a locked file for seven (7) years and will not be published or released to anyone unless the University, in the context of legal proceedings, deems that publication necessary or required by court order. 

Adjudication of the Complaint 

1. Select the members of the Special Hearing Board:

   1. An initial slate of individuals from the pool will be proposed to the Complainant and Respondent who, for good cause, can challenge any individuals proposed. This process will be continued (as quickly as possible) until a complete Special Hearing Board of five (5) is assembled. 

2. The process will consist of a Mandatory Live-Hearing. 

   1. This hearing can be conducted with all parties physically present at the same location or virtually. 

   2. Either party may request the use of technology to provide separate rooms for the parties. This decision may also be made by the University. 

   3. The parties must be able to see and hear the other party. 

3. This process begins with presentation of a summary of the videotaped statements and other evidence collected by the Investigator. 

4. Following review of the Investigator’s report and the evidence collected in the course of the investigation, the Special Hearing Board or legal counsel may choose to ask questions of any party appearing before the board. 

5. Both parties are permitted, through their advisor, to cross-examine the other party and all witnesses. This must occur at the live hearing and must be conducted directly, orally, and in real-time by the party’s advisor. 

   1. The advisor can ask questions and follow-up questions, including those that challenge credibility.

   2. The Complainant and Respondent are not permitted to personally cross-examine the other party. 

   3. In the event that one party does not have an advisor, the University will provide one. 

   4. Only relevant questions may be asked. After a question is asked, the Hearing Officer will determine if the question is relevant before the other party answers. The Hearing Officer will provide an explanation for the irrelevance of the question. A party is not required to answer a question deemed irrelevant. 

   5. The Special Hearing Board must refrain from drawing any inference of a party’s potential responsibility (or lack thereof) based solely on a party or witness denying to participate in the cross-examination.

6. After the live hearing, the Special Hearing Board will decide whether the Respondent is responsible or not responsible for violation of the University Policy on Sexual Harassment, Sexual Assault, Dating/Domestic Violence, and Stalking or associated conduct codes. The board will meet off the record in closed session to deliberate and prepare a written report of its findings and determinations. The board may also make recommendations regarding disciplinary sanctions in the event the individual is found responsible. 

7. If the board finds that the Respondent is responsible for violation of University policy: 

   1. Students/Third-Party Visitors: the Senior Judicial Officer will determine appropriate disciplinary sanctions after consideration of the Special Hearing Board’s findings and recommendations. 

   2. Faculty/Staff/Third-Party Vendors: the Equity Compliance Officer or Director of Human Resources will determine appropriate disciplinary sanctions after consideration of the Special Hearing Board’s findings and recommendations.

Sanctions will not be imposed until after the Appeal Process is complete. Supportive measures will continue to be offered to the Complainant to ensure their equal access to education. 

Investigation Outcome 

Within two business days of receiving the final determination from the Special Hearing Board, the decision-maker or their designee will notify, simultaneously and in writing, the Complainant and the Respondent of: 

1. The determination of responsibility - the investigative outcome; 

2. Findings of fact; 

3. Conclusions of whether the alleged conduct was found to have occurred; 

4. Rationale for the result as to each allegation;

5. If applicable, any actions the University will take to provide remedies to the Complainant, or safety measures for the University community; 

6. Any disciplinary sanctions imposed on the Respondent; and

7. Information needed to file an appeal. 

All parties involved are responsible for providing the Equity Compliance Officer (Title IX Coordinator) and/or Human Resources appropriate contact information for receipt of such notice.

If the Respondent is staff or faculty, Human Resources will issue each party a written Outcome Letter. The letter may also describe whether any systemic remedies are being considered or implemented. Additionally, the letter may include a recommendation that the matter be referred for disciplinary review by another University process, such as the Judicial Affairs Office (for students) or the Employee Discipline Process (for faculty and staff). An Outcome Letter will be provided to both parties, although the contents of each letter may be modified subject to the limitations of FERPA and other relevant federal or state privacy laws. Where Prohibited Conduct has been found to have occurred by the Respondent, the Outcome Letter will be provided to the Respondent’s supervisor, HR manager or Dean, as appropriate under the circumstances.

Appeal Process 

Either the Respondent or Complainant has the right to appeal the decision of the Special Hearing Board, the imposed sanctions, the dismissal of the Formal Complaint, or the dismissal of any allegations therein. Merely disagreeing with the outcome is not grounds for appeal. An appeal is not a rehearing of the case, but a review of the process and procedure. One of the following criteria must be met in order to have an appeal heard: 

• Failure to follow procedural standards in the hearing that affected the outcome of the matter;

• The emergence of new evidence that was not presented in the original hearing and could affect the outcome;

• Equity Compliance Officer, Investigators, or Special Hearing Board members having a conflict of interest that could affect the outcome; and/or

• Substantial reason to believe the sanction is either too severe or lenient for the violation.

Appeal Timeline

1. Such an appeal must be made in writing via mail or email to the University president or their designee within two (2) business days of the notification of the Special Hearing Board decision. The appeal must state the specific basis of the appeal based on the above criteria. 

2. The President, or their designee, will notify the other party in writing that an appeal has been filed and act upon a written appeal within a reasonable time, normally five (5) business days after receipt of the appeal. 

3. The President, or their designee, shall convene a Committee to hear the appeal. 

   1. The Committee shall consist of three (3) members selected from the Doane community who have been trained to hear cases as a Special Hearing Board member. 

      1. These members are required to be different from the previous Special Hearing Board members. 

   2. The Committee will have access to all documents relating to the decision and any video tape or written transcript of the hearing. 

   3. The Committee may call witnesses and receive as evidence the information it deems necessary to assist it in reaching a determination of the merits of the allegation. 

4. A majority vote of the committee members is required to uphold or overturn the decision and any recommendation of sanctions. 

5. The Committee shall forward its decision and recommendations for sanctions directly to the University President and Equity Compliance Officer (Title IX Coordinator), or their designees, in the matter. 

6. The Equity Compliance Officer shall promptly act in response to the recommendations of the Committee. 

7. The President, or their designee, will then simultaneously notify both the Complainant and Respondent of the decision in writing. The decision of the President, or their designee, is final.

Remedies

If the Respondent is found responsible for violating University policy, possible discipline includes, but is not necessarily limited to, one or all of the following:

• Restorative Sanctions 

  • Academic Reassignment

  • Assignment of Community Service or Constructive Task

  • Athletic Reassignment

  • Disciplinary probation

  • Educational Bulletin Board/Program

  • Educational Paper

  • Educational Workshop

  • Evaluation and Counseling 

  • Housing Reassignment

  • Letter of apology

  • Mediation

  • No Contact Order

• Monetary Sanctions

  • Monetary Fine

  • Restitution

• Notification Sanctions

  • Dean of Students Hold on Record

  • Notification of Academics

  • Notification of Athletics

  • Notification of Financial Aid

  • Notification of Parent or Legal Guardian

  • Notification of Student Affairs

• Employment Related

  • Educational/Training requirement

  • Verbal warning

  • Written warning

  • Job suspension (with or without pay)

  • Job transfer or reassignment

  • Termination of employment

• Suspension/Restriction/Ban/Expulsion

  • Ban From University campus(es) 

  • Ban From University Residence Halls

  • Denial of on-campus use of automobile

  • Expulsion from the University

  • Hold on forwarding personal records to external institutions or individuals until satisfactory completion of disciplinary sanctions. 

  • Revocation of admission and/or degree

  • Revocation of housing accommodation 

  • Revocation of registered student organization

  • Suspension from extracurricular activities

  • Suspension of Residential Life Privileges

  • Suspension from University Housing

  • Suspension from the University 

  • Withholding degree

Note: Typically sanctions are not executed until the appeals process is concluded. 

Retaliation

Retaliation means any adverse action taken against an individual, including through third parties and/or legal counsel, because the individual has made a good faith report of Prohibited Conduct or is participating in the investigation or disciplinary processes in this Policy. This includes threats, intimidation, harassment, coercion, reprisals, and/or adverse employment or educational actions that would discourage a reasonable person from engaging in activity protected under this policy, such as seeking services, receiving protective measures and accommodations, and/or reporting Prohibited Conduct. 

Retaliation also includes charging an individual with Student Code of Conduct violations that do not involve Prohibited Conduct under this policy, but arise from the same facts or circumstances as a report or formal complaint of Prohibited Conduct, for the purpose of interfering with any right or privilege secured by Title IX. However, the exercise of rights protected under the First Amendment does not constitute retaliation. 

Student Code of Conduct violations for materially false statements, made in bad faith during the Title IX Grievance Process, do not constitute retaliation. 

Retaliation may occur whether or not there is a power or authority differential between the individuals involved. Retaliation may be present even where there is a finding of “not responsible” on the allegations of Prohibited Conduct.

PROCEDURAL DEFINITIONS

Actual Knowledge: Notice of allegations of Prohibited Conduct made to the Equity Compliance Officer (Title IX Coordinator) or any official who has authority to institute corrective measures on behalf of the recipient. 

Advisor: A person of choice that can accompany a Complainant or a Respondent during investigative and hearing proceedings. The role of the advisor is to support, provide advice, and conduct the cross-examination for the Complainant or Respondent. In the event that a party fails to choose an advisor, the University will appoint one for the live-hearing.

Appeal: Apply for a review of the decision made at the conclusion of an investigation. Both the Complainant and Respondent have equal opportunity and grounds for appeal. Both parties will receive simultaneous notification with a decision.

Appeal Officer: Individual assigned to review appeals from the Complainant or Respondent. Typically the President or their designee. 

Complainant: The individual alleged to be the victim of conduct that could constitute sexual harassment. 

Confidentiality: A state of keeping information about an alleged misconduct that limits others ability to access or share that information.

Deliberate Indifference: The response of the University must not be clearly unreasonable with regard to known information. 

Education Program or Activity: Programs or activities in which the University maintains substantial control of the context, circumstances, and the alleged Respondent. 

Formal Complaint: A document filed by the complainant, or signed by the Equity Compliance Officer (Title IX Coordinator), alleging sexual harassment against a respondent and requesting the school to investigate the allegation. 

The University asks that this is a written statement of the allegation with detailed description of what occurred, including date and time of occurrence, name(s) of the accused and names of all parties related to the complaint. 

Grievance Process: Procedure that outlines how the University responds to and addresses conduct or behavior that violates University policy. The process is designed to provide procedural fairness to all parties involved, and an educational and developmental approach. The standard of proof is preponderance of the evidence or “more likely than not”.

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act: The Clery Act is a federal law that requires Universities to provide crime statistics and policies for responding to emergency situations and sexual assaults that have occurred on campus, in off-campus buildings or property owned or controlled by the school and on public property. If there is an incident in Clery Act designated geography that is an ongoing threat, the university must communicate that to the campus. We will take all precautions to maintain privacy of the Complainant.

Not Responsible: Determination of not in violation of this policy reached using a preponderance of the evidence standard (that means whether it is more likely than not that Prohibited Conduct occurred).

Privacy: A state in which information alleging misconduct is not shared with the general public but on a “need to know” basis. It will only be shared internally with other University employees who need to know (like the Equity Compliance Officer (Title IX Coordinator) or a crisis advocate) and generally would not be shared externally. 

Remedies: Disciplinary consequences imposed if the Respondent is found responsible.

Respondent: An individual alleged to be the perpetrator of the reported misconduct that could constitute sexual harassment. 

Responsible: Determination of in violation of this policy reached using a preponderance of the evidence standard (that means whether it is more likely than not that Prohibited Conduct occurred). 

Retaliation: Retaliation means any adverse action taken against an individual, including through third parties and/or legal counsel, because the individual has made a good faith report of Prohibited Conduct or is participating in the investigation or disciplinary processes in this Policy. This includes threats, intimidation, harassment, coercion, reprisals, and/or adverse employment or educational actions that would discourage a reasonable person from engaging in activity protected under this policy, such as seeking services, receiving protective measures and accommodations, and/or reporting Prohibited Conduct. 

Retaliation also includes charging an individual with Student Code of Conduct violations that do not involve Prohibited Conduct under this policy, but arise from the same facts or circumstances as a report or formal complaint of Prohibited Conduct, for the purpose of interfering with any right or privilege secured by Title IX. However, the exercise of rights protected under the First Amendment does not constitute retaliation. 

Student Code of Conduct violations for materially false statements, made in bad faith during the Title IX Grievance Process, do not constitute retaliation. 

Retaliation may occur whether or not there is a power or authority differential between the individuals involved. Retaliation may be present even where there is a finding of “not responsible” on the allegations of Prohibited Conduct.

Special Hearing Board: Board consisting of five members (Faculty and Staff) selected on a rotating basis from a pool of trained individuals that assist with resolving complaints of sexual misconduct.

Standard of Proof: Level of certainty and the degree of evidence necessary to establish whether or not a policy violation occurred. The University uses a standard of proof that is preponderance of the evidence or “more likely than not that the Prohibited Conduct occurred”. This means, the evidence gathered by the University, during its investigation, must illustrate that it is more likely than not that the misconduct occurred.

Supportive Measures: Individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to either party. These measures help to ensure equal educational access and safety are protected, as well as to mitigate further Prohibited Conduct. 

Title IX: Title IX prohibits discrimination on the basis of sex in all educational programs and activities (including academics, employment, athletics, and other extracurricular activities) that receive federal assistance.

Title IX Coordinator, renamed to Equity Compliance Officer: The Title IX Coordinator’s primary responsibility is to coordinate the University’s compliance with Title IX, including the University’s grievance procedures for resolving Title IX complaints. The Equity Compliance Officer (Title IX Coordinator) is also responsible for imposing and/or enforcing possible sanctions. 

Title IX Investigator: A neutral party that conducts a prompt and thorough investigation of complaints and provides a detailed, unbiased report regarding the findings of the investigations. The Equity Compliance Officer (Title IX Coordinator) cannot serve as the Investigator. 

Violence Against Women Reauthorization Act of 2013 (VAWA): The Violence Against Women Reauthorization Act of 2013 (VAWA) section 304 requires that universities have procedures in place to respond to matters of sexual assault, domestic violence, dating violence, and stalking (collectively referred to as interpersonal violence in this policy). 

Witness: A person who may have knowledge of a prohibited conduct under this policy.

SUPPORTIVE MEASURES

Each case will be treated with sensitivity and privacy. In order for staff to respond effectively to an incident, it should be reported as soon as possible. The Equity Compliance Officer (Title IX Coordinator) titleix@doane.edu; 1014 Boswell Av, Crete, NE 68333; or (402)826.8118 will promptly determine the need or options for modifying living arrangements or other accommodations. All steps taken for supportive measures should be non-punitive to both parties. 

• Accommodations and Safety Measures: The University will take steps to prevent the recurrence of Prohibited Conduct through safety measures, and will redress its effects through appropriate accommodations. To the extent reasonable and feasible, the University will consult with the Complainant and Respondent in determining accommodations and safety measures. During this process, we will maintain privacy of the parties involved. 

• Appropriate actions may include:

• Class reassignments

• Housing reassignments

• Limitation on extracurricular or athletic activities

• No contact directives

• Review or possible revision of  University policies or practices

• Additional training

• Transportation to and from healthcare or court appointments

• Other appropriate actions as necessary to stop the Prohibited Conduct, prevent its recurrence, remedy its effect on the Complainant or improve University policies or practices.

• Removal from the University community may occur on an emergency basis if the Respondent (student, staff, or faculty) has been deemed an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Prohibited Conduct. The University must provide the respondent with notice and an opportunity to challenge the decision immediately after removal. 

• Interim Measures: When the University has notice of an allegation of Prohibited Conduct, the Equity Compliance Officer (Title IX Coordinator) may impose interim accommodations or safety measures, which will remain in effect throughout the duration of the Title IX Investigation and appeals process, if an appeal is filed. When a qualified University staff member imposes interim measures, a report of the actions taken should be reported to the Equity Compliance Officer (Title IX Coordinator) as soon as possible. Interim Measures may include the same accommodations provided above.

• Potential Accommodations in the Event of No Investigation: Even if the University decides not to confront the Respondent because of the Complainant’s request for confidentiality, the University may pursue other reasonable steps to limit the effects of the alleged harassment and prevent its recurrence as reasonable in light of the Complainant’s request for confidentiality.

RESOURCES

Whether or not a Complainant chooses to make an official report of Prohibited Conduct, they are urged to seek appropriate help and services. There are numerous resources for students, faculty, and staff. Specific resources, either on or off campus, for medical treatment, obtaining information, support and counseling, and officially reporting violations of the Sexual Harassment, Sexual Assault, Intimate Partner Violence, and Stalking Policy are listed below. Each resource can assist a person to access the full range of services available.

Crete

Confidential Resources

Local Crisis Centers and Counseling 

• Counseling Center

  • myron.parsley@doane.edu

  • darcy.dawson@doane.edu

  • mindy.parker@doane.edu

• Health and Wellness

  • jody.yank@doane.edu

  • 402.826.8265

• Hope Crisis Center

  • 1.877.388.HOPE (4673)

Formal Reporting Options

• Equity Compliance Officer (Title IX Coordinator): Leah Cech: titleix@doane.edu, 1014 Boswell Ave., Crete, NE 68333; or 402.826.8118

• Doane Safety Office: doanesafetyoffice@doane.edu; 402.826.8669

• Crete Police Department: Non-emergency: 402.826.4311

Other Resources 

• CAPE Project: capeproject@doane.edu; 402.826.8117

• Vice President, Diversity, Equity and Inclusion: luis.sotelo@doane.edu; 402.826.8116

  • Equity Compliance Officer: leah.cech@doane.edu; 402.826.8118

• Human Resources: anne.ziola@doane.edu; 402.826.6795

• Vice President for Student Experience: judy.kawamoto@doane.edu; 402.826.6789

Services Available 24 Hours a Day

• For Crete campus undergraduate students, contact the Community Assistant on duty and request that the on-call Community Director be called.

  • Hansen, Sheldon, Frees, Smith (402) 418-1575

• For emergency medical and police services, call 911. Individuals may also go to the nearest hospital emergency department.

  • Crete Area Medical Center (open until 7pm)

    • 402.826.2102

    • 2910 Betten Dr. Crete, NE 68333

  • Bryan Medical Center West Campus

    • 402.481.1111

    • 2300 S 16th St. Lincoln, NE 68502

• Crete Police Department

  • Non-emergency: 402.826.4311

• Confidential Crisis Line

  • Hope Crisis Center

    • Crisis line: 1.877.388.HOPE (4673)

    • http://hopecrisiscenter.org/

    • support@hopecrisiscenter.org

Medical Treatment - An individual who has been sexually assaulted is urged to seek appropriate medical evaluation as promptly as possible. Preserve evidence using a paper bag (rather than plastic).

• For life-threatening conditions, go to the closest medical center, call 911, or seek a Blue Emergency Phone Box on the Crete campus. 

  • Butler Gymnasium

  • Frees Hall

  • Hansen Hall

  • Lied Science and Mathematics Building

  • Memorial Stadium

  • Padour Walker

  • Smith Hall

  • Sheldon Hall

• For treatment of less serious injuries: students on the Crete campus can see Nurse Jody Yank in the Health and Wellness Center (jody.yank@doane.edu; 402.826.8265).

• For evaluation of sexually transmitted infections or pregnancy, please visit the closest medical center. 

Medical/Legal Evidence Collection - An individual who has been sexually assaulted is encouraged to request collection of medical/legal evidence. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action.

Note: Once in a safe place, preserve evidence in a brown paper bag. Do not shower or bathe, douche, or change clothes.

Federal law provides free medical/legal exams to victims of sexual assault. For assistance in seeking such an exam, contact: 

• Hope Crisis Center at 1.877.388.HOPE (4673)

Obtaining Information, Support and Counseling - Regardless of filing an official report, the University encourages the Complainant(s) to seek out information, support, and counseling. 

These services are available to anyone in the Doane Crete community who wishes to discuss issues related to any Prohibited Conduct outlined in this policy, whether such conduct has actually occurred, and whether the person seeking information has been subject to Prohibited Conduct, has been accused of Prohibited Conduct, or is a third party.

The degree to which confidentiality can be protected depends upon the professional role of the person being consulted and should be addressed with that person before specific facts are disclosed. 

Lincoln

Confidential Resources

• Voices of Hope

  • 402.475.7273

• Employee Assistance Program (for undergraduate students and employees): 

  • 402.476.0186

  • Toll-free: 800.755.7636

Formal Reporting Options

• Equity Compliance Officer (Title IX Coordinator): Leah Cech: titleix@doane.edu, 1014 Boswell Ave., Crete, NE 68333; or 402.826.8118

• Doane Safety Office: doanesafetyoffice@doane.edu; 402.826.8669

• Lincoln Police Department: Non-emergency: 402.441.6000

Other Resources

• CAPE Project: capeproject@doane.edu; 402.826.8117

• Vice President, Diversity, Equity and Inclusion: luis.sotelo@doane.edu; 402.826.8116

• Chief Academic Officer: lorie.cookbenjamin@doane.edu; 402.466.4774​

• Human Resources: anne.ziola@doane.edu; 402.826.6795

Services Available 24 Hours a Day

• For emergency medical and police services, call 911. Individuals may also go to the nearest hospital emergency department.

  • Bryan Medical Center West Campus

    • 402.481.1111

    • 2300 S 16th St. Lincoln, NE 68502

• Lincoln Police Department

  • Non-emergency: 402.441.6000

• Confidential Crisis Line

  • Voices of Hope

    • Crisis line: 402.475.7273

    • http://www.voicesofhopelincoln.org/

Medical Treatment - An individual who has been sexually assaulted is urged to seek appropriate medical evaluation as promptly as possible. Preserve evidence using a paper bag (rather than plastic). 

• For life-threatening conditions: call 911 or go to the closest medical center. 

• For evaluation for sexually transmitted infections or pregnancy: please visit the closest medical center. 

Medical/Legal Evidence Collection - An individual who has been sexually assaulted is encouraged to request collection of medical/legal evidence. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action.

Note: Once in a safe place, preserve evidence in a brown paper bag. Do not shower or bathe, douche, or change clothes.

Federal law provides free medical-legal exams to victims of sexual assault. For assistance in seeking such an exam, contact: 

• Voices of Hope at 402.475.7273

Obtaining Information, Support and Counseling - Regardless of filing an official report, the University encourages the Complainant(s) to seek out information, support, and counseling. 

These services are available to anyone in the Doane Crete community who wishes to discuss issues related to any Prohibited Conduct outlined in this policy, whether such conduct has actually occurred, and whether the person seeking information has been subject to Prohibited Conduct, has been accused of Prohibited Conduct, or is a third party.

The degree to which confidentiality can be protected depends upon the professional role of the person being consulted and should be addressed with that person before specific facts are disclosed. 

Omaha

Confidential Resources

• WCA Omaha

  • 402.345.7273

• Employee Assistance Program (for undergraduate students and employees): 

  • 402.476.0186

  • Toll-free: 800.755.7636

Formal Reporting Options

• Equity Compliance Officer (Title IX Coordinator): Leah Cech: titleix@doane.edu, 1014 Boswell Ave., Crete, NE 68333; or 402.826.8118

• Doane Safety Office: doanesafetyoffice@doane.edu; 402.826.8669

• Omaha Police Department: Non-emergency: 402.444.5600

Other Resources

• CAPE Project: capeproject@doane.edu; 402.826.8117

• Vice President, Diversity, Equity and Inclusion: luis.sotelo@doane.edu; 402.826.8116

• Director of Omaha Campus: chris.brady@doane.edu; 402.891.6600

• Human Resources: anne.ziola@doane.edu; 402.826.6795

Services Available 24 Hours a Day

• For emergency medical and police services, call 911. Individuals may also go to the nearest hospital emergency department.

  • CHI Health Lakeside Hospital

    • 402.717.8000

    • 16901 Lakeside Hills Ct. Omaha, NE 68130

• Omaha Police Department

  • Non-emergency: 402.444.5600

• Confidential Crisis Line

  • WCA Omaha

  • Crisis line: 402.345.7273

• • • wcaomaha.org/

Medical Treatment - An individual who has been sexually assaulted is urged to seek appropriate medical evaluation as promptly as possible. Preserve evidence using a paper bag (rather than plastic). 

• For life-threatening conditions: call 911 or go to the closest medical center. 

• For evaluation of sexually transmitted infections or pregnancy, please visit the closest medical center. 

Medical/Legal Evidence Collection - An individual who has been sexually assaulted is encouraged to request collection of medical/legal evidence. Prompt collection of physical evidence is essential should a person later decide to pursue criminal prosecution and/or a civil action.

Note: Once in a safe place, preserve evidence in a brown paper bag. Do not shower or bathe, douche, or change clothes.

Federal law provides free medical-legal exams to victims of sexual assault. For assistance in seeking such an exam, contact: 

• WCA Omaha at 402.345.7273

Obtaining Information, Support and Counseling - Regardless of filing an official report, the University encourages the Complainant(s) to seek out information, support, and counseling. 

These services are available to anyone in the Doane Crete community who wishes to discuss issues related to any Prohibited Conduct outlined in this policy, whether such conduct has actually occurred, and whether the person seeking information has been subject to Prohibited Conduct, has been accused of Prohibited Conduct, or is a third party.

The degree to which confidentiality can be protected depends upon the professional role of the person being consulted and should be addressed with that person before specific facts are disclosed.

Policy update and attorney review August 2020

Section 8.03 Bias/Hate Incident Policy

Members of the Doane University community are expected to demonstrate individual responsibility in showing consideration for the beliefs and feelings of others, abiding by federal, state and local laws, and demonstrating exemplary conduct. When a student’s behavior has direct implications for others and/or the well-being of the campus community, there is cause for community involvement, regardless of where the situation occurs (e.g. home or abroad).

Doane University creates a social and academic environment where students develop awareness of diversity and multiculturalism and how to function in a pluralistic and global society. Any behavior that threatens this environment will not be tolerated. Any such reports will be made to the Senior Judicial Officer, brian.stutz@doane.edu; 402.826.8546. The actions/incidents outlined in the report will constitute a possible violation of the Student Conduct Code. Sanctions will be determined based upon information gathered from investigations.

Bias/hate incidents include, but are not limited to, attempted or actual harassment or violence based wholly or in part on the victim’s membership in a legally protected class, or based on the victim’s sexual orientation or gender identity. See also Anti-Harassment Policy, Section 5.04, and Violence and Unacceptable Behavior Policy, Section 5.01. Bias/hate incidents are prohibited both on campus and off campus during normal work or school hours and outside the normal work or school hours. Off campus conduct constituting a violation of this policy is subject to disciplinary consequences up to and including expulsion from school and/or termination of employment when said off campus conduct is determined by the University to affect the normal working or student/faculty/staff relationships and/ or has negative effects on or interferes with Doane University’s educational programs, educational purpose, students, faculty or school sponsored activities and/or is so severe, pervasive or objectively offensive that it interferes with any student’s academic performance or student ability to fully participate in Doane College’s educational programs or activities

Section 8.04 Non-Discrimination Policy: Preventing and Addressing Discrimination, Harassment, and Retaliation & Reporting Procedures

POLICY PURPOSE

Doane University (the “University”) believes that diversity is our strength and is committed to an inclusive community that values all community members so all may live, learn, and work in a safe environment, free from illegal discrimination and illegal harassment. 

POLICY STATEMENT

The University prohibits discrimination and harassment on the basis of age, color, (dis)ability, gender identity, gender expression, marital status, national or ethnic origin, race, religion, sex (including pregnancy), sexual orientation, veteran status, genetic information or any other protected class recognized by state or federal law in University academics, employment, or in its programs or activities. Retaliation against any individuals who, in good faith, report illegal discrimination and/or harassment will not be tolerated.  

SCOPE

Any student, staff, faculty, or third party member (e.g. contractors, vendors, those contractually obligated to the University, in addition to visitors and guests of the University) has the option to file an informal and/or formal report (outlined below) against a member of the community who is believed to have violated the policy. To the extent possible, both informal and formal procedures will seek to maintain confidentiality. 

The report can be filed with: 

• Luis Sotelo, Vice President for Diversity, Equity and Inclusion at luis.sotelo@doane.edu, 402-826-8116, 1014 Boswell Ave. Crete, NE 68333 (Padour Walker Administration Building, second floor),

• Anne Ziola, Director of Human Resources at anne.ziola@doane.edu, 402-826-6795, 1014 Boswell Ave. Crete, NE 68333 (Chab Weyers Education & Art Building), or 

• Brian Stutz, Director of Residential Life and Education and Senior Judicial Officer at brian.stutz@doane.edu, 402-826-8546, 1014 Boswell Ave. Crete, NE (Perry Campus Center). 

• Leah Cech, Equity Compliance Officer at leah.cech@doane.edu, 402-826-8118, 1014 Boswell Ave., Crete, NE 68333 (Lower Level Perry Campus Center).

The following internal reporting procedures govern the reports of illegal conduct, such as discrimination, harassment, or retaliation, and outline reporting and resolution options. The procedure applies to employees, students, and third parties.

DEFINITION OF TERMS

Discrimination: Inequitable treatment of a person based on one or more of that person’s protected characteristics or statuses, excepting any treatment permitted or required by law.

Protected Characteristics/Statuses: Age, color, disability, gender identity, gender expression, marital status, national or ethnic origin, race, religion, sex (including pregnancy), sexual orientation, veteran status, genetic information or any other protected class recognized by state or federal law. 

Harassment: Unwelcome conduct directed against a person based on one or more of that person’s protected characteristics or statuses, which conduct is so severe or pervasive that it interferes with an individual’s employment, academic performance or participation in University programs or activities, and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive.

Report: Allegation(s) of discrimination, harassment and/or retaliation, filed in good faith (holding a genuine belief in the truth of one’s allegations).

Reporting Party: The person who has filed a report of a violation of this policy which may or may not be the victim of the prohibited conduct. 

Responding Party: The person who is accused of engaging in prohibited conduct. 

Retaliation: Any adverse action taken or threatened against an employee or student because the individual has, in good faith, engaged in protected activity, such as alleging the violation of state or federal law, University policy, rule or regulation, or has participated in any manner with an investigation of such allegation. 

INFORMAL PROCEDURES

An informal report aims to reach a resolution between the Reporting Party and Responding Party without any formal filing and/or fact finding investigation by following any of the three options below. Employees, students, and third parties are encouraged to start with informal procedures, when appropriate and safe to do so. However, some reports of illegal discrimination, harassment, and/or retaliation may be too severe to proceed under informal procedures and may require a formal investigation. Informal procedures may resolve concerns through educational programming or tailored training (but not limited to) for involved parties, if warranted, to achieve the goals of this policy. Reporting Party may file a formal report if informal procedures fail to resolve concerns. 

1. Direct Communication with Responding Party: If the Reporting Party reasonably believes that the Responding Party will be receptive to one-on-one communication, does not feel threatened or at risk of physical harm, they may communicate directly with the Responding Party to reach a resolution. 
2. Third Party Assistance: Reporting Party has the option to seek third party assistance to informally serve as mediator of the report of discrimination, harassment, and/or retaliation from (a.) the Division of Diversity, Equity and Inclusion’s designee, (b.) Human Resources or their designee, or (c.) Director of Residential Life and Education. No party shall be represented by legal counsel.
3. Consulting: Reporting Party may choose to consult with (a) the Vice President for Diversity, Equity and Inclusion or designee, (b) Human Resources or their designee, or (c) Director of Residential Life and Education to receive resources to informally address concern with the Responding Party, in which case the Responding Party would not be notified without the consent of the Reporting Party. 

The Responding Party is encouraged to use one or all of the informal procedures outlined above in whichever order is appropriate. If resolution is reached using any of the above informal procedures, the report of discrimination, harassment, and/or retaliation will be considered closed. If involved parties fail to follow an agreed-upon resolution, formal procedures may be filed. The University holds the right to initiate a formal investigation at any time. 

PROCEDURES

A formal report aims to reach a resolution between the Reporting Party and the Responding Party through a fact-finding investigation. 

1. Filing a Report: Provide the name and address of the Reporting Party and address the Complainant, using a description of the facts that support the alleged prohibited discrimination or retaliation. 

Reports may be submitted, in writing or verbally, to any of the following ways.

• Email to Vice President for Diversity, Equity and Inclusion luis.sotelo@doane.edu, to Human Resources Director anne.ziola@doane.edu, to Equity Compliance Officer Leah Cech at leah.cech@doane.edu, or Director of Residential Life and Education Brian Stutz at brian.stutz@doane.edu.
• Mail to 1014 Boswell Avenue, Crete, NE 68333, to the attention of Vice President for Diversity, Equity and Inclusion, Luis Sotelo; Human Resources Director, Anne Ziola; Leah Cech, Equity Compliance Officer, or Director of Residential Life and Education, Brian Stutz. 
• Hand-deliver to the Division of Diversity, Equity and Inclusion (Padour Walker Administration Building), Office of Human Resources (Chab Weyers Education & Art Building), Equity Compliance Officer (Perry Campus Center) or Office of Residential Life and Education (Perry Campus Center). All offices are located in buildings in the Crete Campus, 1014 Boswell Ave. 

Reasonable accommodations may be made to assist the Reporting Party in filing a written report. 

2. Evaluation of Report: 

   1. Once the report is received, an Investigator will be appointed by the Division of Diversity, Equity and Inclusion. The University may take interim measures to address safety and well-being concerns and to allow the Reporting Party continued access to education, employment, or other university activities. Possible interim measures may include, but not limited to, change in course/work schedule, housing arrangement, safety plan or other reasonable measures available to the University. Title IX does not place a time limit on supportive measures, Title IX Policy does state that for interim measures (meaning those that are in effect for purposes of a case/investigation, “will remain effect throughout the duration of the Title IX Investigation and appeals process, if an appeal is filed.   

   2. The Investigator will decide if the report states a potential violation of the Preventing and Addressing Discrimination, Harassment, and Retaliation Policy (“Policy”). The Reporting Party may be contacted during this process to obtain necessary information not provided in the initial report. 

      1. If the allegations support a potential violation of the Policy, the Investigator will meet with the Reporting Party to gain additional information, confirm allegations, discuss procedures, and-when appropriate-offer resolution without formal findings (explained later in procedures). If the allegations do not fall under this policy, the Reporting Party may be referred to other campus policies or resources. 

      2. If the allegations do not support a potential violation of Policy, the Investigator will issue a written notice to the Reporting Party explaining why the report does not violate the policy and may inform the Reporting Party of other resolution pathways.  

3. Resolution Without Formal Findings: A resolution without formal findings seeks to resolve a report equitably, quickly, and to the satisfaction of all involved parties without conducting a formal investigation, but does include a written resolution signed by both parties outlining agreed-upon terms. Generally, a resolution without formal findings does not require a facilitated meeting between the Reporting Party and Responding Party, unless both parties agree to do so. This process will only involve the Reporting Party, Responding Party, and other University officials to consult on University policies and procedures or available resolutions. 

   1. If a resolution without a formal findings option is provided to the Reporting Party during initial evaluation of the report, they will be given five (5) business days to decide whether to pursue that option. 

   2. If the Reporting Party agrees to resolution without formal findings, the Investigator will notify the Responding Party that they have been named in a report and will be provided with the allegation(s). This notification will also include information regarding procedure and the option to follow the resolution without a formal findings option. The Responding Party has five (5) business days after notification to decide whether to exercise this option.  

   3. The resolution without formal findings process may be terminated at any point and the investigation will begin, at the discretion of the University. 

   4. If the report is successfully resolved, the parties will sign a formal resolution. 

4. Investigation: If either party declines to exercise resolution without a formal findings option or if the Investigator does not find this option suitable for the report, the Investigator will conduct investigation following the steps outlined below. The investigation will typically be completed within seventy-five calendar days of the receipt of the report, unless circumstances prevent meeting that deadline. In such cases, both parties will be notified of extensions.  

   1. The Reporting Party and Responding Party will be notified in writing and at the same time when the investigation begins. Communication to the parties will (a) name the Reporting Party and the Responding Party, (b) detail the allegations, (c) provide the policy & procedures, and (d) identify the Investigator. 

   2. The Investigator will conduct formal interviews with the Reporting Party and the Responding Party, with equal opportunity to be heard. During this phase of the investigation, both parties may submit evidence and identify witnesses who may have relevant information.  

   3. The Investigator will meet with third party witnesses. Witnesses do not have to or have been identified by the Reporting Party or Responding Party to be interviewed. 

   4. The Investigator will gather other relevant and available evidence and information not provided by the Reporting Party and Responding Party. 

   5. Upon completion of the investigation, the Investigator will issue a written report that will include a recommendation as to whether there is sufficient information, by a preponderance of the evidence, to support a finding that the Responding Party engaged in illegal discrimination, harassment, and/or retaliation. The report will be delivered at the same time to the Reporting Party, Responding Party, and the administrative official(s) responsible for the area in which the Reporting and Respondent Parties are involved in (College Dean for faculty, Dean of Students for students, Vice President for staff member’s division, President for those directly reporting to President, Vice President of Division most closely connected to the third party member or the Vice President of Finance and Administration, as applicable). 

   6. If the investigation finds that the report of discrimination is founded, the Responding Party’s administrative official, in consultation with the Senior Judicial Officer (if the Responding Party is a student), or with the Director of Human Resources (if the Responding Party is an employee or third party member), is responsible for making the decision on appropriate sanctions, including but not limited to suspension, expulsion, reassignment, termination, delivered to Responding Party. The Division of Diversity, Equity and Inclusion will also provide support in making decisions about appropriate sanctions. 

APPEALS PROCEDURE

Either the Reporting Party or Responding Party has the right to appeal the Investigator’s written report. Merely disagreeing with the assessed sanction or outcome of the investigation is not grounds for appeal. 

1. Criteria for Appeal: One of the following criteria must be met in order to file an appeal: (a) Failure of investigation to follow procedural standards of the policy, (b) The emergence of new evidence that was not presented in the original investigation, or (c) Substantial reason to believe the sanction is too severe for the violation and/or does not fall within the range of penalties imposed for similar misconduct. 

2. Appeal: The appeal must be made in writing to the Chief Academic Officer or their designee for faculty, the Vice President for Student Affairs or their designee for students, or the Vice President for Finance and Administration or their designee for staff members, and the Chair of the Board of Trustees for direct reports to the President within five (5) business days of the notification of the investigation or sanction (whichever is delivered last). The appeal shall consist of a concise and complete written statement outlining the criteria for appeal and all supporting information to substantiate the grounds for the appeal.  

1. The aforementioned person receiving the appeal, or their designee, will act upon a written appeal within a reasonable time, normally five (5) business days after receipt of the appeal. Deadlines may be modified depending on the complexity of the case and/or if the severity of the allegations warrant variation from the normal appeal process timeline. 

2. The person receiving the appeal, or their designee, will have access to all documents relating to the investigation and sanction decisions, if sanction is applicable to a specific case.  

3. The person receiving the appeal, or their designee, will issue a written decision on the appeal. The written decision of the person receiving the appeal, or their designee, shall constitute the University’s final decision.

Section 8.05 ADA Grievance Procedure

Doane University wants to ensure prompt and equitable resolution of complaints alleging any discrimination or other conduct prohibited by the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. 794.)  If at any point a student, faculty or staff member believes that there has been a violation of ADA or Section 504, he or she should follow these steps:

1. To file a grievance, the student, faculty or staff member must contact the University’s Section 504 Coordinator within 30 working days of the alleged discrimination or other conduct. (In special circumstances an extension may be granted for filing a grievance.) All grievances should be filed with Anne Ziola, Director of Human Resources and the University’s designated Section 504 Coordinator. She may be contacted at (402) 826-6795 or via email at anne.ziola@doane.edu.
2. The 504 Coordinator will make contact with the student or employee filing the grievance within two business days. The 504 Coordinator will make a record of the meeting and may request person filing the complaint to present the grievance in writing.
3. Upon review of the documentation and information gathering, the 504 Coordinator will render a findings report to Doane University, the student bringing forth the grievance and the parents or guardian of the student if FERPA (Family Educational Rights and Privacy Act) permits or employee within 30 days after its filing.
4. The person filing the complaint may request reconsideration of the report determination and findings if he or she is dissatisfied with the resolution. This request should be made to the Section 504 Coordinator within 10 working days. With such a request, the findings report will be provided to the appropriate Vice President (e.g., Student Affairs, Financial Affairs, or Academic Affairs). The designated Vice President will be responsible for reviewing the report findings and resolution and making a determination.  A copy of their written determination will be provided to the person filing the grievance within 10 working days of the request. The written determination will also be filed with the 504 Coordinator.