Sex Discrimination and Sex-Based Harassment Prevention and Response (Title IX)

Nebraska Wesleyan University is committed to establishing and maintaining a community that does not tolerate unlawful discrimination or illegal harassment. The university seeks to create an environment in which students can reach their greatest academic potential and employees can reach their greatest professional potential. In order to create and maintain such an environment, the university recognizes that all who work and learn at the university are responsible for supporting a community that rejects sex discrimination and sex-based harassment. These behaviors threaten our learning, living and work environments and are considered prohibited conduct for all university students and employees.

Who to call if you are in immediate danger

Call 911
SM论坛 Security, (402) 432-9238
On-Call Residential Education Coordinator, (402) 601-2114

What is Title IX?

Title IX of the Education Amendments Act of 1972 is a federal law that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Title IX protects students and employees from sex discrimination and sex-based harassment in schools, colleges and universities that receive federal funds. Title IX prohibits:

Sex Discrimination	Sex-Based Harassment
Assigned sex at birth "Biological" sex Sex stereotypes Sex characteristics Pregnancy and pregnancy-related conditions Sexual orientation Gender Identity	Quid Pro Quo Harassment Hostile Environment Harassment Sexual Assault Dating Violence Domestic Violence Stalking Retaliation related to Title IX reports/complaints

What behavior is a violation under SM论坛's Title IX policy?

Prohibited conduct will be addressed when it involves:

• Current or former students as the complainant or the respondent.
• Current employees as the complainant or the respondent.

And when any one or more of the following criteria regarding scope/jurisdiction are met:

• Misconduct occurs under an institution鈥檚 educational program or activity in the United States.
• There is any operation of the institution involved or present, regardless of location.
• Misconduct occurs in buildings owned or controlled by the institution.
• Misconduct occurs in buildings owned or controlled by an officially recognized student organization.
• Misconduct is subject to the institution鈥檚 disciplinary authority.
• The exercise of institutional power or authority by employees and agents exists, regardless of location.
• Misconduct creates a 鈥渟ex-based hostile environment鈥� in a program or activity that occurred off campus, including abroad.

And when the report/complaint involves the following prohibited conduct:

1. Discrimination on the basis of sex
   Discrimination on the basis of sex are actions that cause an individual to be excluded from participation, denied benefits or subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the university. This includes, but not limited to, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity.
   
   Employees, students, student organizations and third parties shall not engage in any prohibited conduct on the basis of sex related to university programs, activities, and/or operations that causes harm. Examples of harm on the basis of sex include the following conduct:

   • Treating one person differently from another regarding decisions about requirements or conditions for aid, benefits or services.
   • Providing or denying aid, benefits or services in a different manner.
   • Subjecting any person to separate or different rules of behavior, sanctions or other treatment.
   • Applying any rule concerning the residence of a student or applicant, including eligibility for in-state fees and tuition.
   • Aiding or perpetuating discrimination by providing assistance to any organization or person that discriminates when providing any aid, benefit or service to students or employees. 
   • Otherwise limiting any person(s) right, privilege, advantage or opportunity.
   • Adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with the person鈥檚 gender identity.

   Title IX permits sex-separated activities such as sex-separated living facilities, sex-separated sports teams involving a contact sport or where selection is based on competitive skill, social fraternities and sororities, father-son/mother-daughter activities.

2. Sex-Based Harassment
   Sex-based harassment means sexual harassment and other harassment on the basis of sex, as defined by Title IX, including harassment on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Prohibited sex-based harassment includes the following conduct:
   1. Quid Pro Quo Harassment
      Quid pro quo harassment occurs when an anyone representing the university provides an aid, benefit or service under the university鈥檚 education programs or activities, explicitly or impliedly conditions the aid, benefit or service on a person鈥檚 participation in unwelcomed sexual advances, requests for sexual favors or other verbal, nonverbal or physical conduct of a sexual nature. Quid pro quo harassment is equally unlawful whether the harmed party resists and suffers the threatened harm or submits and thus avoids the threatened harm.
   2. Hostile Environment Harassment
      Hostile environment harassment is defined as unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person鈥檚 ability to participate in or benefit from the university鈥檚 education program or activity. Prohibited conduct examples may include, but are not limited to, abusive or intimidating comments, jokes, acts, name-calling, graphic and written statements, bullying, physically humiliating or threatening/harmful conduct. This prohibited conduct may be verbal or non-verbal. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
      • the degree to which the conduct affected the individual鈥檚 ability to access the university鈥檚 education program or activity
      • the type, frequency and duration of the conduct
      • the parties鈥� ages, roles within the university鈥檚 education program or activity, previous interactions, and other factors about a party that may be relevant to evaluating the effects of the conduct
      • the location of the conduct and the context in which the conduct occurred
      • other sex-based harassment in the university鈥檚 education program or activity

   3. Sexual Assault
      Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault, as defined by the Clery Act and further defined by the university, includes:

      • Rape is defined as 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 the consent of the victim.鈥� Attempted rape falls under this prohibition.
      • Fondling is defined as the touching of the private body parts of another for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
      • Incest is defined as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.鈥��
      • Statutory rape is defined as sexual intercourse between a person who is 19 years of age or older and an individual under the statutory age of consent.鈥� The statutory age of consent is 16 years of age in the state of Nebraska. Overt force or threat is not typically present, or required, in instances of statutory rape.

      The university further defines a sexual act to include intentional contact with the intimate parts of another, causing another person to touch one鈥檚 intimate parts, disrobing, or exposure of intimate parts without consent. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner. Sexual contact also includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand, etc.) or object, or oral penetration involving mouth-to-genital contact.

   4. Dating Violence
      Dating violence, as defined by the Violence Against Women Act (VAWA) and further defined by the university, is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the harmed party. The existence of such a relationship shall be determined based on the reporting party鈥檚 statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
      • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
      • Dating violence does not include acts covered under the definition of domestic violence.

   5. Domestic Violence
      Domestic violence, as defined by VAWA, is a felony or misdemeanor crime of violence committed by:

      • a current or former spouse or intimate partner of the harmed
      • a person with whom the harmed party shares a child in common
      • a person who is cohabitating with, or has cohabitated with, the harmed party as a spouse or intimate partner
      • a person similarly situated to a spouse of the harmed party under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
      • by any other person against an adult or youth harmed party, who is protected from that person鈥檚 acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred

      A crime of violence is an offense that has an element of the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense
      
      Sexual harassment may also take the form of threats, assault, property damage, or violence or threat of violence to one's self, one's sexual or romantic partner, one鈥檚 family members or friends, or to the family members or friends of the sexual/romantic partner. The university further includes emotional violence and emotional abuse as elements of sexual harassment within dating violence and domestic violence. Alone these elements do not constitute the definition of dating or domestic violence, however, either element will be addressed by the university within the context of a hostile environment.
      
      Emotional violence can be described as any act including confinement, isolation, verbal assault, humiliation, intimidation, infantilization, insults, threats, degradation, control, or any other treatment which may diminish the sense of identity, dignity and self-worth.
      
      Emotional Abuse, also known as mental or psychological abuse, encompasses many different tactics such as verbal abuse, playing mind games, attacking one鈥檚 character, threatening acts of violence in person, in writing, or electronically, against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with that person.

   6. Stalking
      Stalking, as defined by VAWA and further defined by the university, is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

      • Fear for the person鈥檚 safety or the safety of others.
      • Suffer substantial emotional distress.

      For the purposes of this definition:

      • Course of conduct means two or more 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鈥檚 property.
      • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
      • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
   7. Sexual Exploitation
      Sexual exploitation is sex-based harassment that violates the sexual privacy of another, or takes sexual advantage of another without consent, constitutes unwelcome conduct that a reasonable person would find subjectively and objectively offensive and is severe or pervasive.
      
      Examples of sexual exploitation include, but are not limited to:
      • Voyeurism is watching or taking pictures, videos or audio recordings of another person in a state of undress, or in a place where the other person would have a reasonable expectation of privacy, or of another person engaging in a sexual act without the consent of all parties.
      • Creating, disseminating, streaming or posting pictures or video of another in a state of undress, of a sexual nature or for sexual intent without the person鈥檚 consent.
      • Trafficking or prostituting of another individual.
      • Exposing one鈥檚 genitals to another person without consent through electronic means.
      • Knowingly exposing another individual to a sexually transmitted infection without the other individual鈥檚 knowledge and consent.
      • Inducing incapacitation or attempted incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.
      • Intentional sharing of information about the sexual privacy or gender identity of another person without their consent, either verbally, electronically, or through written material/photos, excluding reports to designated reporting officials for the purpose of harm.
   8. Intentional Falsification
      Intentional falsification, distortion, or misrepresentation of information as part of the sex discrimination and sex-based harassment resolution process is a violation of university policy. Any person who abuses the university conduct processes in this way may face disciplinary charges for that violation.
   9. Retaliation
      Retaliation is any act, material adverse action or attempt to seek retribution from any individual or group of individuals involved in the disclosure, reporting, investigation, and/or resolution of a sex discrimination and sex-based harassment allegation. Examples of retaliation are continued abuse or violence, threats, exclusion, harassment, coercion, discrimination and intimidation. Any individual or group of individuals can engage in retaliation. Acts of retaliation will be addressed under this policy and related procedures, just as a complaint of sex discrimination or sex-based harassment is handled. Perceived petty slights or trivial annoyances do not constitute retaliation.
      
      The prohibition against retaliation applies to any individuals who participate (or student who refuse to participate) in any manner in an investigation or proceeding. Student witnesses are expected and encouraged to participate in investigations, proceedings and hearings. The university requires employees to participate as a witness in, or otherwise assist with, an investigation, proceeding or hearing involving sex discrimination and sex-based harassment.
      
      Retaliation may occur even where there is a finding of 鈥渘ot in violation鈥� under this policy. Good faith actions lawfully pursued in response to a report of prohibited conduct are not retaliation. The exercise of rights protected under the First Amendment does not constitute retaliation prohibited in this policy.

What is consent?

Elements of consent as it relates to prohibited conduct

Consent is an affirmative and willing agreement to engage in specific forms of sexual contact with another person. Consent requires an outward demonstration, through mutually understandable words or actions, indicating that an individual has freely chosen to engage in sexual contact. Consent cannot be obtained through the use of coercion or force or by taking advantage of the incapacitation of another individual.

Silence, passivity, or the absence of resistance does not constitute consent for sexual activity. If confusion or ambiguity arises during a sexual interaction, it is essential that each participant stop and clarify the other鈥檚 willingness to continue.

Consent can be withdrawn at any time. When consent is withdrawn, sexual activity must cease. Prior consent does not imply current or future consent; even in the context of an ongoing relationship, consent must be sought and freely given for each instance of sexual contact. 

Consent is not present when there is sexual contact with someone who is known, or should have been known, to be incapacitated or otherwise mentally or physically incapable of resisting or appraising the nature of conduct. Likewise, consent is not present if the use of force or coercion of another person to engage in sexual contact against their will has occurred.

Coercion is defined as the use of pressure to compel someone to initiate or continue sexual activity against their will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person's words or conduct are sufficient to constitute coercion if they inhibit another individual's freedom of will and ability to choose whether or not to engage in sexual activity. 

Force is defined as the use or threat of physical violence or intimidation to overcome an individual's freedom to choose whether or not to participate in sexual activity. There is no requirement that a party physically resists the sexual advance or request, but resistance will be viewed as a clear demonstration of non-consent. 

Incapacitation is defined as the inability, temporarily or permanently, to give consent because the individual鈥檚 mental and/or physical ability is diminished, and/or the individual is asleep, unconscious, or unaware that sexual activity is occurring. A person who is incapacitated lacks the ability to make informed, rational judgments and cannot consent to sexual activity. 

Incapacitation may result from the use of alcohol and/or drugs. The impact or impairment from alcohol and other drugs vary from person to person (e.g. vomiting, sleeping, blacking out, unconsciousness). Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual assault or harassment in any form and does not diminish the responsibility to obtain informed and freely given consent. 

What are my reporting options?

Who to call if you are in immediate danger

Call 911
SM论坛 Security, (402) 432-9238
On-Call Residential Education Coordinator, (402) 601-2114

Individual disclosure

An individual may choose to report to the university, including the Title IX coordinator, a confidential resource, or through anonymous reporting. An individual may choose to report to law enforcement. These reporting options through the University and law enforcement are not exclusive. An individual may simultaneously pursue a civil or criminal investigation off campus and the university sex discrimination and sex-based harassment resolution process. 

How to make a report vs. filing a complaint to the university

• Making a report is the notification of an incident of sex discrimination and sex-based harassment to a Title IX coordinator by any reporting party. A report may be accompanied by a request for any of the following: resources, no further action, supportive measures, and/or initiation of the complaint process. The university recognizes that not every individual will be prepared to request supportive measures or to file a complaint; therefore, reporting parties may pursue these options any time in the future. Individuals are not expected or required to pursue any specific course of action. The university reserves the right to move forward with filing a complaint in situations 2-4 explained in "Filing a complaint."
• Filing a complaint is defined as the request to the Title IX coordinator to initiate the university's formal and informal resolution processes regarding incidents of sex discrimination and sex-based harassment. The decision to file a complaint may be made at any time via email/electronically, phone or physical mail, or in person during regular business hours. The Title IX coordinator will provide assistance about what course of action may best support the individual(s) involved and how best to address the complaint. There are four situations in which a complaint may be filed:
  1. A harmed party wants to pursue a complaint.
  2. A parent, guardian, or other authorized individual with the legal right to act on behalf of a harmed party in the event a harmed party does not wish to file the complaint.
  3. The Title IX coordinator may file the complaint when the prohibited conduct presents an imminent threat to campus safety or the safety of an individual on campus.
  4. For sex discrimination other than sex-based harassment, any student or employee, or other person who was participating or attempting to participate at the time of the alleged discrimination.
• Reporting anonymously 鈥� Individuals may report sexual harassment and sexual misconduct concerns anonymously to the university through the university website by clicking on the link 鈥�Report a Concern鈥�, located at the bottom of every webpage. Please note, the university may be limited in its ability to respond to concerns reported anonymously.

Reporting to confidential employees

A confidential employee is an individual designated by the University to provide support to students and employees without being required to report to a Title IX coordinator. 

When an individual shares information with a confidential employee or a community professional with the same legal protections, the confidential employee cannot reveal the information to any third party except when an applicable law or court order requires or permits disclosure of such information. For example, information will be disclosed when:

1. The individual gives written consent for the disclosure;
2. There is concern that the individual will likely cause serious physical harm to self or others; or

3. The information concerns conduct involving suspected abuse or neglect of a vulnerable adult or abuse of a minor by an adult. In Nebraska, minors are considered anyone under the age of 19.

   Connect with a Confidential Resource

   All Students and Employees
   SM论坛 Victim Advocate, (402) 465-2533, advocate [at] nebrwesleyan.edu (advocate[at]nebrwesleyan[dot]edu)
   University Minister, (402) 465-2398, minister [at] nebrwesleyan.edu (minister[at]nebrwesleyan[dot]edu)

   Undergraduate Students
   Counseling Services, (402) 465-2464, counseling [at] nebrwesleyan.edu (counseling[at]nebrwesleyan[dot]edu)

   Employees
   Directions Employee Assistance Program, (402) 434-2900, directionseap [at] directionseap.com (directionseap[at]directionseap[dot]com)

   Lincoln Community
   Voice of Hope Crisis Line, (402) 475-7273

Reporting to law enforcement

Individuals have the right to notify or decline to notify law enforcement. Police have legal authority to criminally investigate reports of sexual assault, domestic abuse, and stalking, collect evidence, make arrests, and assist in seeking emergency protective measures. The university will assist individuals in notifying law enforcement if they choose to do so.

Lincoln Police Department Non-Emergency
(402) 441-6000

Lincoln Police Anonymous Reporting
(402) 441-3866; https://lincoln.ne.gov/city/police/anonfrm.htm

Who are the Title IX coordinators at SM论坛 and what is their role?

Title IX coordinators

The Title IX coordinators oversee the university's assessment, investigation, and resolution of reports of sex discrimination and sex-based harassment ensuring compliance with Title IX and other relevant state and federal laws. A report can be made at any time via email/electronically, phone, or physical mail, or in person during regular business hours. 

Director of Title IX services and Title IX coordinator: Maria Harder, Nebraska Wesleyan University, Smith Curtis 202E, 5000 Saint Paul Ave., Lincoln, NE 68504 (402) 465-2117, mharder [at] nebrwesleyan.edu (mharder[at]nebrwesleyan[dot]edu)

Assistant director of Title IX services and Title IX coordinator: Natasha Moreno, Nebraska Wesleyan University, Burt Hall 112, 5000 Saint Paul Ave., Lincoln, NE 68504 (402) 465-2356, nmoreno [at] nebrwesleyan.edu (nmoreno[at]nebrwesleyan[dot]edu) or titleix [at] nebrwesleyan.edu (titleix[at]nebrwesleyan[dot]edu)

Title IX coordinators are:

• Responsible for oversight of the assessment, investigation, and resolution of all reports of sex discrimination and sex-based harassment;
• Committed to supporting all parties involved in understanding and assessing all rights, options, and resources;
• Knowledgeable and trained in relevant state and federal laws and University policy and procedures.
• Responsible for oversight of annual training programs for Title IX personnel and all members of the campus community. Trainings include, but are not limited to, the definition of sex discrimination and sex-based harassment, the scope of the University鈥檚 education program or activity, how to conduct an investigation and resolution process including hearings, appeals, and how to serve impartially, including to avoid prejudgment of the facts at issue, conflicts of interest, and bias. Additionally, training ensures that Title IX personnel do not rely on sex stereotypes and promotes impartial investigations and adjudications of Complaints of sex discrimination and sex-based harassment.
• Available to provide information to any involved party about the courses of action available at the University; 
• Available to assist any party regarding how to respond appropriately to reports of sex discrimination and sex-based harassment; 
• Responsible for oversight of sexual violence prevention education;
• Responsible for monitoring full compliance with all requirements and timelines specified in the reporting and complaint procedures; 
• Responsible for ensuring resolution procedures are in compliance with Federal and University policies and regulations;
• Collaborate with the Provost, or designee, when disclosures or supportive measures are related to issues of academic freedom or instructional methods;
• Responsible for ensuring the timely completion of any remedies or sanctions, and;
• Responsible for compiling annual reports.

Who is required to report a Title IX concern or provide a Title IX resource card?

The 2024 Federal Title IX Regulations require employees with specific job responsibilities that include the authority to institute corrective measures, individuals who serve the institution in a supervisor capacity, administrators, faculty/instructors, advisors, and other positions (listed below) to promptly report conduct that reasonably could be sex discrimination or sex-based harassment to the Title IX Coordinator.

Employees and student employees are required to report to a Title IX coordinator:

1. Advisors, Academic and Club
2. Chief of Staff
3. Coaches (All)
4. Deans, Assistant Deans
5. Department Chairs, Program Directors
6. Directors, Assistant Directors
7. Faculty, full-time, part-time, adjuncts
8. Provost/Vice Presidents
9. Student Life/Affairs Personnel
10. Supervisors
11. Title IX Personnel
12. University President

All other employees and student employees may choose*:

1. Report to a Title IX coordinator; or
2. Provide the resource information below. 

Title IX Resource Card90.38 KB

*Confidential Employees only provide the following information and are exempt from reporting to a Title IX coordinator.

What options are available to address a Title IX concern?

There are multiple options available to address a Title IX concern which are listed below. The university will generally honor the harmed party's choice. There are certain instances in which the university has a broader obligation to the community. Times when the university may need to take action in addition to a harmed party's request are listed in "How does the university respond to requests for confidentiality or no further action" section of this webpage. 

Report Only/No Action

Whether a reporting party or harmed party reports to a Title IX coordinator, a harmed party can decide to keep the Title IX concern as a report 

When a harmed party requests confidentiality from a confidential resource, that resource will follow confidentiality guidelines outlined in the Title IX policy and procedures and in the "What are my reporting options" section of this webpage. Confidential resource contact information can be found on the sidebar of this webpage.

Supportive Measures

Supportive measures are individualized services administered by the university intended to assist in maintaining access to and participation in SM论坛's education programs and activities. Possible supports and accommodations the University may implement include facilitation of connections to on- and off-campus resources, issuance of a No Contact/Limited Contact Order (relief of intentional contact by someone), change of work or class assignment/location/schedule, change of on-campus living space, change of class schedule, and/or security escort.

Requests for supportive measures can be directed to the Title IX Coordinator, who will use an interactive process to identify and administer appropriate and reasonable measures.

Supportive measures do not preclude later use of another option to address a Title IX concern. For example, a harmed party can later pursue another resolution method.

Informal Resolution

The informal resolution process is a way to resolve a Title IX complaint without a full investigation or finding of responsibility. This process is voluntary, meaning  For some types of reported sex discrimination and sex-based harassment, informal resolution may offer parties resolution in a timeframe that is shorter than a formal resolution; it is a confidential, non-adversarial manner that allows the parties to discuss the issues and clear up misunderstandings. This process involves a neutral facilitator who helps the involved parties discuss the issues, explore solutions, and reach a mutually agreeable resolution.

Any party may craft or create the terms of their agreement and will be asked for their suggestions or ideas during the process. Examples of agreements may include but are not limited to: 

1. An agreement that the respondent will change classes or housing assignments;
2. An agreement that the parties will not communicate or otherwise engage with one another;
3. Completion of a training or educational project by the respondent;
4. Completion of a community service project by the respondent;
5. An agreement to engage in a facilitated dialogue; and/or
6. Discipline agreed upon by all parties.

To initiate this voluntary resolution process the complainant requests this resolution option to a Title IX coordinator. The Title IX coordinator may be able to coordinate SM论坛's informal resolution process if the respondent and the University agree to participate. There are some matters the university cannot resolve through informal resolution due to the imminent threat of safety to the campus community. 

Formal Resolution

The formal resolution process is a comprehensive examination of the Title IX complaint involving more structured and time-intensive procedures. The process involves an equal opportunity to respond through investigative and hearing procedures to determine whether a policy violation has occurred. A full investigation is conducted by an investigator who gathers evidence, interviews involved parties, and compiles a report detailing the information provided. After the investigation, a Decisionmaker leads a hearing as an additional opportunity to respond to the complaint. All evidence is then reviewed by a Decisionmaker, who determines whether a policy violation has occurred. If a policy violation is found, appropriate sanctions or remedies are imposed. For a list of sanctions and remedies, see "What can happen if someone violates SM论坛's Title IX policy" section of this webpage.

Both parties have the right to appeal the decision based on specific grounds, such as procedural errors, conflict of interest, or new evidence. 

How does the university respond to requests for confidentiality or no further action? 

When a harmed party requests confidentiality from a confidential resource, the University will follow the guidelines outlined in the Title IX policy and procedures and in the "What are my reporting options" section of this webpage for more information. Confidential resource contact information can be found on the sidebar of this webpage.

When a harmed party requests that the Title IX coordinator not use their name as part of any resolution process, or that the university not take any further action, the University will generally try to honor those requests. However, there are certain instances in which the university has a broader obligation to the community and may need to act against the wishes of the harmed party. In such circumstances, the Title IX Coordinator will notify the harmed party in writing of the need to take action. The factors the Title IX Coordinator will consider when determining whether to act against the wishes of a harmed party include:

1. The harmed party鈥檚 request not to proceed with initiation of a complaint.
2. The harmed party鈥檚 reasonable safety concerns regarding initiation of a complaint.
3. The risk that additional acts of prohibited conduct would occur if a complaint is not initiated.
4. The severity of the alleged prohibited conduct, including whether the sex discrimination or sex-based harassment, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the sex discrimination or sex-based harassment and prevent its recurrence.
5. The relationship of the parties, including whether the respondent is an employee.
6. The scope of the alleged prohibited conduct, including information suggesting a pattern, ongoing nature, or is alleged to have impacted multiple individuals.
7. The availability of evidence to assist a Decisionmaker in determining whether sex discrimination or sex-based harassment occurred.鈥�
8. Whether the university could end the alleged sex discrimination and sex-based harassment and prevent its recurrence without initiating its resolution procedures under the Title IX Policy.

Whether the conduct as alleged presents an imminent and serious threat to the health or safety of the harmed party or other persons, or that the conduct as alleged prevents the university from ensuring equal access on the basis of sex to its education program or activity.

How does the university resolve Title IX complaints (policies and procedures)?

Nebraska Wesleyan University, as a recipient of federal funds, must follow the 2024 Final Rule for Federal Title IX Regulations when handling Title IX reports and complaints. Below are SM论坛's Title IX Policy and Procedures.

2024 Federal Title IX Policy Governing Sex Discrimination and Sex-Based Harassment503.81 KB

Resolution Procedures for Addressing Sex Discrimination and Sex-Based Harassment under the 2024 Final Rule for Federal Title IX456.89 KB

What can happen if someone violates SM论坛's Title IX policy?

Remedies are measures provided, as appropriate, to a complainant or any other person the university identifies as having had their equal access to a university鈥檚 education program or activity limited or denied by sex discrimination or other prohibited conduct covered by the Title IX Policy. These measures are provided to restore or preserve that person鈥檚 access to the education program or activity after the university determines that sex discrimination occurred.

Sanctions are disciplinary steps that may be imposed on a respondent who is found responsible for a violation of the university鈥檚 policies. 

Remedies and sanctions will be determined based on the nature and severity of the policy violation(s) and in consideration for the safety of the campus community. Conduct history will also be considered as part of the sanctioning process. Possible sanctions may include, but are not limited to, protective measures, restrictions, letters of reprimand, action plans, reference to counseling, performance improvement plans, apology letter, reflection statements, targeted educational projects, coaching, probation, suspension, expulsion, and/or separation.

Where can I find more information on rights, advocacy, medical care and support?

You can speak with a Title IX coordinator and/or review the documents below for more information:

SM论坛 Advocate Brochure
Advocacy is important. An advocate can provide you with information about your options and resources involving the harm you have experienced. Our SM论坛 Advocate through Voices of Hope can give you confidential support, listen to your unique needs, and help you find ways to accomplish your goals. For more information about Voices of Hope SM论坛 Advocate, click on the resource below:

SM论坛 Advocate Brochure12.34 MB

Medical Care and Evidence Collection
Survivors of sexual assault and intimate partner violence may choose to have a forensic examination to collect evidence. For more information on what all is involved with a forensic exam, how to help preserve evidence, and other frequently asked questions, click on the resource below:

Medical Care and Evidence Collection162.07 KB

Rights and Options
The following information provides a summary of rights and options following a report or a complaint of an alleged violation of sexual harassment and sexual misconduct policies. Contact a Title IX Coordinator if you have any questions about this information.

Rights and Options109.89 KB

Support Person/Advisor of Choice Agreement
A Support Person/Advisor of Choice can support you during any part of the Title IX resolution process, including reporting, assessment, investigation, hearing, and appeal stages. The Support Person or Advisor of Choice can be a staff member, student, friend, family member, community member, or an attorney. For more information on the roles and responsibilities of a Support Person/Advisor of Choice, click the resource below:

Support Person and Advisor of Choice Agreement87.08 KB

What support is available related to pregnancy and pregnancy-related conditions? 

Title IX prohibits discrimination based on sex, which includes pregnancy, childbirth, termination of pregnancy, lactation, and related conditions, including recovery. It also guarantees that pregnant and postpartum individuals have the right to request necessary changes related to their on-campus learning or working environment and to take medically required leave. The law also protects students and employees from harassment, intimidation, or other forms of discrimination due to pregnancy-related conditions.

Additionally, any policies related to parental, family, or marital status must be applied equally to all genders. For instance, universities cannot allow only women time to bond with or care for their children while excluding men from the same opportunity.

A Title IX coordinator is responsible for ensuring pregnant and postpartum students and employees have access to reasonable on-campus academic/job-related adjustments, medically-necessary leave, lactation space, and anti-discrimination protections. 

If you are in need of pregnancy-related accommodations, please contact a Title IX coordinator. 

Where can I find the faculty Title IX syllabus statement?

Title IX Syllabus Statement
Each course syllabi include SM论坛's statement of intent regarding Title IX regulations and employee reporting obligations related to Nebraska's mandatory reporting law and reporting Title IX disclosures. Course syllabi also identify whether a faculty member is a SM论坛 Security Authority who must report Clery Act offenses. Finally, Title IX coordinators and confidential resources are listed in each syllabus. 

Depending on whether or not a faculty member is a SM论坛 Security Authority, faculty will include one of the following syllabus statements below:

Employee Reporting Obligations Syllabus Statement for SM论坛 Security Authorities82.37 KB

Employee Reporting Obligations Syllabus Statement for Non-SM论坛 Security Authorities81.88 KB

How can I get involved with prevention and response efforts?

At SM论坛, students, employees, and community resources collaborate to prevent and respond to sex discrimination and sex-based harassment.

Peer Educators are students who:

• plan and implement gender-based violence prevention programs approved by the Office of Violence Against Women and manage gender-based violence awareness efforts on social media
• strengthen partnerships between existing student organizations to promote gender-based violence prevention programs
• facilitate bringing in bystander training in person and virtually
• develop a strategic plan for a permanent Student Violence Prevention Council

It's On Us student group

The mission of It's On Us is to build the movement to combat campus sexual assault by engaging all students in grassroots awareness and prevention education programs.

Gender-Based Violence Prevention and Response Team (GBVT)

In partnership with Title IX Staff members, the Gender-Based Violence Prevention and Response鈥疶eam collaborates to support our Nebraska Wesleyan University community by directing sexual and relationship violence prevention, response, and survivor services.

• Maddi Baugous, university minister
• Peggy Behrens, nursing professor and Title IX investigator
• Chad Berens, head cross country coach and assistant track and field coach
• Kevin Bollinger, director of student integrity and campus community
• Michael Cruce, director of student accessibility
• Rebecca Czaja-Stevens, social work faculty and investigator
• Capt. Jake Dilsaver, Lincoln Police Department Special Victims Unit
• Jen Dyson, project director for the GBVT
• Raisa Gallegos, Residential Education Coordinator
• Adrian Gomez Ramos, director of diversity and inclusion
• Derrick Gulley, director of student engagement
• Maria Harder, assistant vice president of human resources and director of Title IX services
• Erin Hoffman, vice president for student life
• Capt. Max Hubka, Lincoln Police Department for the Northeast Team
• Toni Jensen, social work faculty and decisionmaker
• Jenne L., Voices of Hope campus advocate
• Marissa Machado, assistant director of advising graduate students and Title IX investigator 
• Kelia McKaskle, It's On Us Student Organization Liaison
• Natasha Moreno, assistant director of Title IX services and Title IX coordinator
• Alex Munson, assistant director of student engagement
• Rachel Pokora, communication studies faculty and investigator
• James Ruzicka, director of the physical plant
• Roxanne Styskal, assistant director of the physical plant
• Kelly Swoboda, assistant director of counseling services

Contact our Department of Justice grant coordinator, Jen Dyson at jdyson [at] nebrwesleyan.edu (jdyson[at]nebrwesleyan[dot]edu) if you have a gender-based violence prevention and response discussion topic, or would like to become more involved in prevention and response efforts.