Section 5.01 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 those 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, races, creeds, orientations, and ethnic 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. The College expects that all members of the College community share these goals.
Those students who do not share these goals, who flagrantly and consistently disrupt the educational process, and who physically abuse or harass other persons, will not be tolerated. Such individuals may be dismissed by the campus judiciary process and may be subject to arrest. 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 sexual harassment, hate speech, or other means of disparagement, which are unlawful and inconsistent with the College’s aspiration to produce citizens respectful and tolerant of the diversity of people, may be disciplined or dismissed from the College.
Students are encouraged to report criminal actions occurring on campus directly to the police by dialing 9-911. In addition, they are encouraged to report crimes to the College as follows.
Section 5.02 Sexual Assault and Rape Policy
Statement of Purpose: Doane College does not condone and will not tolerate sexual assault or rape in any form. In the event of a reported incident, confidentiality, protection of the victim, and prevention of further injury or continued stress are the first priorities. The College will make every effort to be responsive and sensitive to the victims of sexual assault and rape. We encourage the involvement of law enforcement immediately. It is also the College’s responsibility to provide a forum in which anyone involved in an incident will have it addressed promptly, fairly and impartially. Because of the traumatic and sensitive nature of these incidents, the Special Hearing Board described herein will respond quickly to the allegation and resolve the matter as expediently as possible while insuring that interests of all parties involved are protected.
Whether making the complaint or the person accused, questions may arise regarding implementation of Section 5.02, the Sexual Assault and Rape Policy for Doane College. A Rights and Responsibilities handout is available (upon request) and is designed to answer some of the frequently asked questions regarding the investigation and hearing process. If specific questions are not answered, in Section 5.02 or this handout, direct additional questions to the Student Leadership Office.
- Definitions:
- Sexual Assault is defined as engaging in any sexual contact other than intercourse with another person without that person’s consent or cognizance.
- Rape is defined as engaging in sexual intercourse oral, anal, or vaginal) with another person without that person’s consent or cognizance. Rape may be accomplished by forcing or coercing the victim to have sexual intercourse against his or her will, including the use of threat of physical force, or any behavior that is designed to intimidate and induce fear in the victim. Rape can also occur when a victim 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 a victim is in an unconscious or semi- conscious state).
- Acquaintance Rape or Date Rape is defined as rape committed against an acquaintance, friend, or date under any of the conditions described above. The victim’s consent to socialize or date does not constitute consent to sexual intercourse. Acquaintance rape or date rape is still rape.
- The Special Hearing Board
All incidents of alleged sexual assault or rape involving members of the Doane College community will be decided by a Special Hearing Board consisting of five members selected on a rotating basis from a pool of trained individuals. The pool shall consist of individuals drawn from all areas of the campus community.
The Student Leadership Office, in consultation with the Human Resources coordinator and the Health and Wellness director, will coordinate the management of the pool of individuals for the Special Hearing Board. This includes periodic recruitment and training of individuals. An attempt will be made to maintain equal and gender-balanced representation for all areas of the campus community.
Training of all Special Hearing Board members will be the responsibility of the Chief Judicial Officer to organize each fall. The Associate Dean of Student Leadership and Security and each member of the pool will come to agreement as to his or her readiness to hear the case.
College officials convening the board will appoint one member of the board as chairperson for the case.
- Procedures for Handling Incidents of Sexual Assault and Rape
Persons who believe they have been sexually assaulted or raped may choose any or all of the following options:
- Make use of campus and community resources (Crete Police Department).
- Report the incident.
- File a formal complaint.
The decision of whether or not to report an incident of sexual assault or rape can be a difficult one, especially in the immediate aftermath of the incident. Talking with a trained counselor can be extremely helpful in dealing with the emotional trauma and arriving at a decision about whether or not to report the incident. The counseling staff at Doane College is available to help. Talking to a counselor does not constitute reporting the incident; however, the counselor can help report the incident if the student chooses to do so. When the counseling center is closed, counselors are still available and can be reached by contacting the Senior Director of Housing or a Residence Director.
- Initial Reporting of Incidents
All incidents should be reported immediately to one of the following offices:
- Safety Office, ext. 8669.
- Senior Director of Housing, ext. 6721.
- Student Leadership Office, ext. 8111.
- Office of Human Resources, ext. 6773.
Staff in these offices will treat each case with sensitivity and confidentiality. In order for staff to respond effectively to an incident, it should be reported as soon as possible.
The Senior Director of Housing or Associate Dean of Student Leadership will promptly determine the need for modifying living arrangements.
- Bringing a Complaint
After consulting with the staff of any of the offices listed above, a victim may decide to press criminal charges with the Crete Police Department and/or file a formal complaint for violation of College rules with the appropriate Doane College officials. If both criminal charges and a complaint for violation of College rules are filed, the College disciplinary process will remain separate and distinct from the criminal process as they involve different interests. A student may be suspended immediately following report of violation of a serious crime.
Students wishing to bring a complaint of sexual misconduct should contact the Senior Director of Housing. The director will apprise the student of the College’s policies and procedures in such cases, the interests of both parties, and the possible outcomes. The director will request the student complete a formal written statement.
As a result of the initial discussions between the complainant and the appropriate college official, the College will conduct a prompt and thorough investigation into the matter, and will take any steps it deems appropriate to remedy the situation. This investigation will take place regardless of whether the complainant chooses to file a formal, written complaint. The College will attempt to honor a complainant’s request for anonymity; unless an effective investigation cannot be conducted without disclosure of the complainant’s identity. The standard of proof for sexual assault and harassment complaints will be preponderance of the evidence.
- The investigation may consist of any or all of the following:
- Meeting with the complainant to determine the nature and extent of the alleged incident. The complainant will be allowed to have a representative of his or her choice present. A written summary of this discussion will be included in the investigation file.
- Meeting with the person accused and informing him or her that a complaint has been made, discussing with him or her, the allegations made by the complainant, and obtaining additional relevant information from the accused. The person accused will be allowed to have a representative of his or her choice present. A written summary of this discussion will be included in the investigation file.
- Meeting with any witnesses. A written summary of these discussions will be included in the investigation file.
- Determining if immediate action is needed to protect the educational atmosphere and, if so, make appropriate recommendations to the president of the College immediately.
- Taking any other action deemed appropriate to resolve the matter, including conducting a joint meeting with the affected parties.
- Making a written report outlining in detail the persons involved, the facts, conclusions as to the validity of the allegations in the charge, and a recommendation for further disposition including, but not limited to, remedial steps and appropriate discipline. The report shall state whether the matter has been resolved to the satisfaction of the complainant and the person accused.
- If the complaint has not been resolved informally, the complainant must write and sign a formal complaint against the accused party if he/she wishes the complaint to proceed further. The complaint shall include a statement of the situation, dates of occurrence, and all parties related to the complaint.
- A Sexual Assault or Rape Incident
What to do after an incident occurs:
- Get to a safe place or situation.
- Do not shower or bathe, douche, or change clothes.
- Contact the Doane Safety Office or any Residence Life Staff member.
- The Residence Life staff member will contact the Vice President for Student Leadership.
- The Student Leadership Office will assist with contacting professional counselors, family members, faculty members, friends, and law enforcement as directed by the student.
Informing the alleged offender of the complaint once a formal complaint has been filed, the official receiving the complaint will immediately (by the end of the next business day) contact the Student Leadership Office and provide a copy of the formal, written statement.
The college will, in turn, inform the alleged offender of the complaint by the end of the next business day if the whereabouts of the alleged offender are known. If the whereabouts of the alleged offender are not known, the College will inform the alleged offender of the complaint as soon as the alleged offender is located. The official will apprise the alleged offender of the College’s policies and procedures in such cases, the interests of both parties, and possible outcomes.
- Resolving the Complaint
The Special Hearing Board will convene as soon as possible to resolve the matter. An initial slate of individuals from the pool will be proposed to parties involved who, for good cause, can challenge any individuals proposed. This process will be continued (as quickly as possible) until a complete Special Hearing Board is assembled.
The Special Hearing Board will investigate the matter as quickly as possible in order to determine whether or not the individual is responsible for violation of Doane College Policy on Sexual Assault and Rape as described in this document. 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 or at the election of the College will be recorded by a court stenographer, or both. The tape and any transcript will be sealed in a locked file and will not be published or released to anyone unless the College, in the context of legal proceedings, deems that publication necessary.
The person bringing the complaint and the person responding to the complaint, may have one appropriate adviser of their choice from the College community (faculty, staff, or student body) present. Legal counsel, parents, and/or advisers who are not a part of the College community are not allowed to attend. The board will hear testimony from the complainant and accused party and any witnesses requested by either party or by the Board. Board members may choose to ask questions of any party appearing before it.
The Board will decide whether the individual is responsible for violation of the Doane College Policy on Sexual Assault and Rape. After adjourning the hearings, the board will meet in closed session to prepare a written report of its findings. The board may also make recommendations regarding discipline in the event the individual is found responsible.
If the board finds that the alleged offender is responsible for violation of college policy, the Chief Judicial Officer will determine appropriate discipline after consideration of the Board’s findings and recommendations.
The college will notify the complainant and the alleged offender of the board’s decision and any discipline in writing within two business days of receiving the Board’s decision. All parties involved are responsible for providing the Chief Judicial Officer life appropriate contact information for receipt of such notice.
- The Appeal Process
Either party has the right to appeal the decision of the Special Hearing Board or the imposed discipline. Such an appeal must be made in writing to the president of Doane College within three business days of the notification of the decision. The President will act upon a written appeal within a reasonable time, normally five business days after receipt of the appeal. The President will have access to all documents relating to the decision and any video tape or written transcript of the hearing. The President or his/her designee will then notify the appellant of the decision in writing. The decision of the President is final.
- Possible Disciplinary Sanctions
If the alleged offender is found responsible for violating College policy, possible discipline includes, but is not necessarily limited to, one or all of the following:
- A letter of censure to be placed in the student’s non-academic file.
- Mandatory counseling.
- Disciplinary probation.
- Suspension from Doane College.
- Expulsion from Doane College.
The above sanctions may be applied immediately, which may include loss of campus privileges.
Section 5.03 Bias/Hate Incident Policy
Members of the Doane College 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 College 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 which threatens this environment will not be tolerated. To aid the College in responding to incidents of bias and hate, an Advocacy Response Team has been created which will offer support and assistance to victims as well as insuring incidents is documented properly.
This group of students, faculty and staff function as a systematic response mechanism to engage in preventative measures to combat hate and biases on campus. The Advocacy Response Team does not conduct formal investigations or replace existing sanctioning bodies of authority. The team will help the victim (if he/she so desires) report the incident formally to the College. Any such reports will be made to the Senior Director of Housing or the Associate Dean of Student Leadership. 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 and input from the Advocacy Response Team.
A full description of the team’s function, goals, and membership can be found in the Student Leadership Office.
Section 5.04 Anti-Harassment Policy
A fundamental policy of the College is that employees and students should be able to work and study at the College in an environment free of discrimination and any form of harassment based on race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. To further this fundamental policy, the College prohibits the harassment of any person, student, or employee and the prohibition extends to harassment based on race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. Harassment is counterproductive and will not be tolerated. Such behavior is unacceptable because it is a form of unprofessional behavior threatening to the academic freedom and personal integrity of others. Failure to follow this policy will result in disciplinary action including possible suspension or expulsion.
The type of harassment that is prohibited may take many forms and includes, without limitation, verbal harassment (derogatory comments and/or slurs), physical harassment (assault or physical interference), visual harassment (posters, cartoons, drawings), use of the Internet or e-mail to harass or embarrass, and innuendo or false rumors. Further, harassment includes conduct that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment. Harassment is prohibited both during normal work or school hours and outside the normal work or school hours if such harassment is determined by the College to affect the normal working or student/faculty/staff relationships.
Harassment can take a number of forms, but of particular concern is sexual harassment, which is a violation of state and federal law. It includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or visual forms of harassment of a sexual nature. Harassment includes, but is not limited to, the following forms:
- Unwelcome or unwanted advances, including sexual advances. This means patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact.
- Unwelcome requests or demands for favors, including sexual favors. This include subtle or blatant expectations, pressures or request for any type of favor, including a sexual favor, whether or not it is accompanied by an implied or stated promise of preferential treatment or negative consequences concerning academic or employment status.
- Verbal abuse or kidding that is oriented toward a prohibited form of harassment, including that which is sex-oriented and considered unwelcome. This includes offensive comments which harass an individual based upon his or her sex, sexual orientation, race, age, national origin, disability, or marital status; telling “dirty jokes” that are inappropriate and considered offensive, or any tasteless, sexually oriented comments, innuendos, or actions that offend.
- Creating a work or academic environment that is intimidating, hostile, abusive, or offensive because of unwelcome or unwanted conversations, suggestions, requests, demands, physical contacts, or attentions, whether sexually oriented or otherwise related to a prohibited form of harassment.
The College’s concern is to provide a working and academic environment that is comfortable, conducive to the academic enterprise, and free from this type of behavior. This policy is written to be sure that everyone understands the College’s intent to provide an academic and working environment free of harassment.
Obviously, the College cannot prevent violations of this policy unless such behavior is observed or the College is told of the violations. The procedures regarding complaints of harassment are described below. All persons are assured that they will not suffer negative consequences as a result of bringing their concerns to the College’s attention. Failure of any person involved in the investigation of a harassment complaint to keep the complaint confidential shall be a separate violation of this policy. A separate violation shall also occur if any retaliatory action is taken against or directed at any person who has made a harassment complaint. Violations will result in disciplinary action.
Procedures Regarding Complaints of Harassment
All members of the College community who believe they have been the victim of harassment as defined above may bring the matter to the attention of the individuals designated to handle complaints of harassment. If the potential offender is a staff member, reports should be made to the Vice President for Finance. If the potential offender is a faculty member, reports should be made to the Vice President for Academic Affairs. If the potential offender is a student, reports should be made to the Vice President for Student Leadership. If the potential offender is an outside party, such as a vendor or contractor of the College, reports should be made to the Vice President for Finance and the procedures for handling complaints against staff members shall apply. Any person shall also have the option of reporting the concern to the College Nurse in the Health and Wellness Office or to the Human Resources coordinator, who will inform the appropriate individual of the concern. If the person designated to receive the report is part of the problem, a report can be made to any other person designated to handle complaints of harassment.
The complainant should present the complaint as promptly as possible after the alleged harassment occurs.
The initial discussion between the complainant and the person designated to receive the complaint should be kept confidential with no formal written record. The person receiving the complaint, however, can and should provide to the complainant a written memorandum advising the complainant that in order for the College to address the complaint, a written complaint is required in order that the College can further address the complaint under these procedures. If the complainant, after the initial meeting with the person designated to receive the complaint, decides to proceed, the complainant must submit a written statement to the person designated to receive the complaint describing the alleged harassment. The written statement should identify any persons with knowledge of any facts relevant to the harassment complaint.
Except as reasonably necessary to investigate the written complaint and to give the person accused of harassment an opportunity to respond, all written complaints of harassment shall be kept confidential.
The written complaint shall be promptly forwarded to the person accused of harassment and the person accused of harassment shall submit a written response to the allegations within seven days. The response should identify any persons with knowledge of any facts relevant to the harassment complaint.
Upon receipt of the response, the person designated to receive the complaint or an impartial investigator appointed by the person receiving the complaint shall promptly investigate the complaint. Normally, the investigation period should not exceed 21 days. During the investigation, the person receiving the complaint shall take whatever steps he or she deems appropriate to affect an informal resolution of the complaint acceptable to the College, the person making the complaint and the person accused of harassment.
Upon completion of the investigation and if an informal resolution has not been reached, the person receiving the complaint shall promptly provide a written statement of the findings of the investigation and any discipline to be imposed to both the person making the complaint and the person accused of harassment.
Either the person making the complaint or the person charged with harassment may appeal the findings or the decision to impose or not to impose disciplinary action by filing a written appeal within two business days of receipt of the findings.
If the person accused of harassment is a staff member, the appeal shall be directed to the College President in accordance with the Grievance Procedures set forth in the Employee Handbook.
All harassment complaints will be reported to the designated Title IX official.
If the person accused of harassment is a faculty member, the appeal shall be communicated to the College President, who shall convene a committee to hear the appeal. The committee shall consist of three tenured faculty members from three different divisions; if the complainant is a student, an officer of the student body shall also sit on the committee. The committee may conduct its own investigation, call witnesses, and gather whatever information it deems necessary to assist in reaching a determination of the merits of the allegation. Once such a determination has been reached, the committee shall communicate its findings in writing to the person making the complaint and the person accused of harassment. If the committee determines that no harassment has occurred, its decision shall be final. A finding that harassment has occurred requires a majority vote of committee. Prior to communicating its decision, the committee shall also have the opportunity to seek an informal resolution of the matter satisfactory to the College and other parties involved. If the committee finds harassment and further finds that reasonable cause exists for seeking sanctions against the faculty member, the committee shall forward its recommendations for sanctions directly to the College President. A recommendation for sanctions required the majority vote of committee members. The College President, although not bound by the recommendations, shall promptly act upon the recommendations of the committee. If the person accused of harassment holds a tenured faculty position and the potential discipline includes dismissal, the College President, in reviewing the matter, shall comply with the procedures for dismissal proceedings for faculty on continuous tenure as set forth in the Faculty Handbook.
If the person accused of harassment is a student, the appeal shall be communicated to the College President, who shall convene a committee to hear the appeal. The committee’s composition shall be determined by the status of the complainant and the respondent (i.e. student to staff, student to faculty, etc.). In any case where both the complainant and the person accused of harassment are students, the committee shall be comprised of members of the Peer Judicial Review Panel as selected by the College president. The Vice President for Student Leadership shall chair the committee. The committee shall observe the following guidelines:
- An opening statement by the chair regarding the nature of the case, the identity of the parties, and the nature of the allegations.
- Sequence of presentation of evidence:
- Complainant presents evidence.
- Person accused of harassment presents evidence.
- Complainant presents rebuttal evidence.
- Chair or investigator presents additional evidence from initial investigation of the matter.
- Closing statements from complainant, person accused of harassment, and chair or investigator. The committee shall then determine, by majority vote, if a violation of the harassment policy occurred. If a violation is found, the committee shall then determine, by majority vote, the appropriateness of the discipline to be imposed. The chair shall forward the committee’s written findings regarding harassment or discipline to the College president by filing a written appeal within two business days or receipt of the findings. The president shall promptly review the matter, and the president’s decision is final.
All written records of harassment complaints shall be kept in a separate confidential file in the President’s Office and not in the faculty evaluation files, staff personnel files, or student permanent records. All files shall be labeled generally by type of complaint.
Section 5.05 HIV/AIDS Policy
The purpose of this policy is to:
- Inform and educate persons in the Doane College community regarding HIV/AIDS (Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome)
- Assist in offering services to persons with suspected or known cases of HIV/AIDS in the Doane College community.
This policy is intended to be flexible to best address the changing parameters of the disease’s process. It is also intended that the HIV/AIDS policy for Doane College comply with the recommendations of the American College Health Association (ACHA). Given the current scientific findings, the primary goal is to protect confidentiality and health of anyone in the Doane College community who has been diagnosed as having been exposed to HIV/AIDS without creating a health risk for the College community. The second goal of this policy is to provide education for the Doane community about HIV/AIDS. This education shall be multifaceted in nature, involving speakers, written materials, and answering individual questions. The goal will be to teach persons in the Doane College community how to prevent exposure to and transmission of the HIV/AIDS virus.
The most current research indicates that the HIV/AIDS virus is not transmitted through casual contact. Exposure through intimate sexual contacts, or through contaminated needles or blood and blood products, is the only known method of transmission. The HIV/AIDS virus has been isolated in small amounts in other body fluids such as tears and perspiration, but not in amounts sufficient for transmission.
In addition to protecting the confidentiality of people exposed to the HIV/AIDS virus, the greatest efforts will be in education and efforts to avert HIV/AIDS hysteria and irrational fear of exposure to HIV/AIDS. This fear is often as disabling to a community as the disease itself. Doane College will also make available referral for individual counseling and medical treatment for any student, faculty, or employee exposed to the HIV/AIDS virus.
Administrative responsibility for this policy shall rest with the Health and Wellness Staff, Vice President for Student Leadership, Vice President for Academic Affairs, and Vice President for Finance. Recommendations by the various health agencies (i.e. Public Health Service, American College Health Association, etc.), derived from the best epidemiological data available, will continue to be the basis for maintaining standards of infectious disease control that protects the College community without unduly restricting the academic and/or occupational pursuits of the infected person(s) or the daily operation of the campus.
All students who have been exposed to the HIV/AIDS virus will be allowed regular classroom attendance in an unrestricted manner as long as they are physically able to attend class.
If a student who is carrying the HIV/AIDS virus displays behavior (i.e. biting, aggressive behavior, sexual promiscuity, etc.), which would increase the risk of transmission, determination of appropriate action shall be made on a case-by-case basis by the College in consultation with appropriate persons, who may include: Nebraska State Department of Health; the student’s physician; the student or, if a minor, the student’s parent or guardian; appropriate school personnel; Vice President for Academic Affairs; Associate Dean of Student Leadership; and the Health and Wellness Staff.
Infected employees will be allowed to continue their employment in an unrestricted manner as long as they are physically able and do not display behavior that could increase the risk of transmission of the disease. Infected employees are entitled to applicable benefits and information regarding supportive services. Infected students and/or employees shall inform the appropriate administrator and/or campus health authority of their condition. Information will be handled in a strictly confidential manner. No general or specific information concerning complaints or diagnosis will be made available without the expressed written permission of the patient. Following diagnosis, the individual’s medical condition will be monitored on a regular basis.
Doane College will provide educational services for all students and employees. Referral to counseling services and referral for medical treatment will be provided for all persons exposed to the HIV/AIDS virus. The College will provide information about the nature and financial information, and provide information regarding community resources. Referral for initial, free, voluntary testing to determine exposure to the HIV/AIDS virus will be provided for all students, faculty members, and employees. Test results will be strictly confidential between the physician and patient. All persons tested will be required to read and sign an informed consent and waiver form prior to testing. Payment for further testing will be the responsibility of the individual.
This policy is currently under review. Final disposition for the enforcement of this policy rests with the president of the College.
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