Filing a Report with…
The Colleges have a responsibility to respond to reports of sexual violence or sex harassment and attend to the needs of the students who are involved. Reports of sexual violence and sex harassment are taken with the utmost seriousness, and the student will be promptly referred to the appropriate persons or resources for assistance. The Colleges are also responsible to ensure that the individual charged with committing such violence or harassment is treated fairly. Individuals are presumed innocent unless proven responsible, and will also be referred to appropriate services for assistance.
The individuals noted below are trained in responding to sexual violence reports and prepared to work with you to make sure you understand the process and resources available to you. The Title IX Coordinator or other appropriate administrator will work with you to determine what, if any, accommodations such as a no-contact order, change of housing assignment, or classroom accommodation are needed in order to provide a safe environment on campus for you as the College responds to your report.
Reports can be filed by the alleged victim or a third party who is aware of allegations of sexual violence or sex harassment, including other students or College employees. Reports should be filed with one of the designated College administrators and/or employees responsible for student services, as follows:
Reports to the above designated administrators or employees will constitute “notice” to the College for the purposes of considering an investigation and institutional response in conjunction with the Title IX Coordinator.
College employees (even medical or mental health professionals identified below) are required by law to report any allegations of sexual abuse or assault of a minor to either law enforcement or the Department of Health and Human Services.
Exception Regarding Employee Reporting: The law recognizes and protects the confidentiality of communications between a person seeking care and a medical or mental health professional. Medical or mental health professionals employed by the Colleges (Licensed Student Counselors and Nurses) respect and protect confidential communications from students, faculty, and staff to the extent they are legally able to do so. Employees may have to breach a confidence, however, when they perceive an immediate and serious threat to any person or property.
Additional details related to confidentiality and the disciplinary process from Board Policy 3020 are noted below:
The College appreciates the privacy concerns inherent in allegations of sexual violence or sex harassment. To protect students’ privacy rights, the names of students or other identifying information, especially that which is contained in written documents and notes, will only be disclosed to third parties if; (a) prior written permission is given by the student concerned; (b) the disclosure is necessary to conduct an investigation; (c) the disclosure is necessary to pursue disciplinary action; or, (d) the disclosure is otherwise required by law.
Victims will be informed that the College has a legal duty to include information about reports of criminal sexual misconduct in annual security report statistics which do not identify either the person claiming to have been subject to criminal sexual misconduct or the alleged perpetrator.
If an alleged victim is under the age of eighteen (18) years, the College will obtain consent from the parents or guardians prior to beginning an investigation or disclosing information, unless otherwise required by law.
If the alleged victim requests confidentiality, asks that the report not be pursued, or declines to participate in an investigation or disciplinary proceeding, the College will document the request. The College will take reasonable steps to investigate and respond to reports consistent with such a request, if possible. Requests will be evaluated and weighed against the College’s responsibility to provide a safe and nondiscriminatory environment.
Disciplinary Processes and Consequences
Processes and procedures described in Board Policies 3100 and 3200 may be used subsequent to a sexual violence or sex harassment investigation to address cases of student misconduct, due process and discipline. If the alleged perpetrator is an employee, other Board Policies or Collective Bargaining Agreements will determine the due process steps and disciplinary consequences.
Disciplinary consequences may include, but are not limited to: warnings, disciplinary probation, loss of privileges, restitution, remedial work assignments, remedial educational requirements, service requirements, remedial behavioral requirements, College housing relocation, College housing suspension, removal from College housing, suspension, and expulsion.
The College encourages individuals to file a report with the Nemaha County Sheriff’s Department in the event of sexual violence or sex harassment. A member of Campus Security or a College employee can accompany you to make the report at your request.
Students are advised that physical evidence can be collected at the same time as medical care is provided, but that medical evidence for a criminal prosecution cannot be collected without a report being made to local law enforcement. It is important that you make an informed decision regarding important physical evidence that can be preserved.
The closest location for performing a post-evidence collection kit to preserve physical evidence is Lincoln or Omaha, both approximately an hour from campus. You may choose to bring a friend and/or College employee for support and/or the College can arrange for an advocate from Project Response at your request. Physical evidence must be collected within 72 hours of the incident and can take up to 4 or more hours to complete.
While students are not required to notify law enforcement authorities regarding a report of sexual violence or sex harassment, reports still need to be filed with Campus Security to inform them that an act of violence may have occurred. Campus Security shall notify the Title IX Coordinator, who is responsible for coordinating the College response to the reports of sexual violence and sex harassment. Pursuant to federal law, the College has a legal responsibility for documenting and reporting an incidence of sexual violence and sex harassment.
Regardless of whether or not the law enforcement authorities choose to prosecute a reported offense, the College can pursue formal disciplinary action against a student or employee alleged to have committed sexual violence or sex harassment.
The College offers an anonymous reporting site for all violations of Peru State College policy including sexual assault, rape, stalking, relationship violence and sexual harassment. If a potential Title IX violation has been reported, this report will be sent to the Title IX Coordinator for investigation and follow-up, all other policy violation reports will be reviewed by the Dean of Student Life. Please note, by filing an anonymous report, limitations in information provided may prevent the College from completing a thorough investigation.
The law recognizes and protects the confidentiality of communications between a person seeking care and a medical or mental health professional. Medical or mental health professionals employed by the Colleges (Licensed Student Counselors and Nurses) respect and protect confidential communications from students, faculty, and staff to the extent they are legally able to do so. Employees may have to breach a confidence, however, when they perceive an immediate and serious threat to any person or property.
Your confidential reporting options are as follows: