Rights and Options After Filing a Complaint
The following information provides a summary of your rights and options after filing a complaint of sex discrimination, sexual harassment, sexual violence (including sexual assault), domestic violence, dating violence, or stalking at Nebraska Wesleyan University. Please contact the Title IX Coordinator or Deputy Coordinator if you have any questions about this information.
I. General Information
- Options: Once you have made a complaint, you have several options, including, but not limited to:
- Contacting parents or a relative
- Seeking legal advice
- Seeking personal counseling
- Pursuing legal action against the perpetrator
- Pursuing school disciplinary action
- Requesting that no further action be taken
- Requesting further information about the investigation and resolution process.
- Notifying Authorities: If requested, the Title IX Coordinator or Deputy Coordinator will assist you in contacting local law enforcement regarding the incident. You may decline to notify such authorities.
- Restraining Orders: If you have obtained or obtain a temporary restraining order or other no contact order against the alleged perpetrator from a criminal, civil, or tribunal court, please provide such information to the Title IX Coordinator or Deputy Coordinator. Nebraska Wesleyan University will take all reasonable and legal action to implement the order.
- Requesting Changes to Your Current Situation or Other Protective Measures: Please inform the Title IX Coordinator or Deputy Coordinator if you wish to change your academic, housing, transportation, or working situation, if you want information about taking a leave of absence and related financial information, or if you want any other specific protective measure to be implemented. Nebraska Wesleyan University will make such accommodations or provide such protective measures if so requested and if they are reasonably available, regardless of whether you choose to report the incident to local law enforcement.
- Preservation of Evidence: It is extremely important that you preserve evidence, as it may be necessary to prove the complaint you are making or needed to obtain a protection order. In the case of physical violence, including sexual assault, domestic violence, and dating violence, you should go directly to the emergency room and should not bathe, urinate, douche, brush teeth, drink liquids, or change clothes until after you are examined and, if necessary and you so choose, a rape examination is completed by a trained forensic professional at the hospital. Having a forensic examination does not obligate you to file criminal charges. Evidence in electronic formats should be retained (e.g. text messages, emails, photos, social media posts, screenshots, etc.). This type of evidence is important and may be the only available evidence in cases of sexual harassment or stalking.
II. Institutional Procedures
- Nebraska Wesleyan Universities Sexual Misconduct or Violence Policy (Title IX) and accompanying procedures govern complaints of sex discrimination, sexual harassment, sexual violence (including sexual assault), domestic violence, dating violence, and stalking. The Procedures:
- Will provide a prompt, fair, and impartial resolution of your complaint, under the evidentiary standard of preponderance of evidence, i.e. more likely than not that the alleged conduct occurred.
- Are carried out by Nebraska Wesleyan University officials who have received training on these issues and how to conduct an investigation (and hearing process) that promotes safety and accountability.
- Provide you and the respondent the right to have a support person/advisor accompany you to all aspects of the investigation and resolution process. A support person/advisor may not advocate for a party like an attorney would in court.
- Ensure that both you and the respondent will be notified simultaneously in writing of the outcome of all stages of the process, including any appeals.
- Prohibit retaliation by the respondent or anyone else against you for making a complaint or against anyone else for participating in the investigation.
III. Possible Interim Measures and Sanctions
- Interim Measures: At any time during the investigation, Nebraska Wesleyan University may impose interim remedies or protections for the parties or witnesses for the protection of those involved and to ensure equal access to Nebraska Wesleyan University’s educational programs and activities. These may include separating the parties, placing limitations on contact between the parties, suspension, or making alternative living, class placement, or workplace arrangements.
- Sanctions: If there is a finding that a violation of Nebraska Wesleyan University’s Sexual Misconduct or Violence Policy (Title IX) has occurred, sanctions may include counseling or training, separation of the parties, and/or discipline of the respondent, including written reprimand, probation, suspension, demotion, termination, or expulsion.
- If you request confidentiality or ask that a complaint not be investigated, Nebraska Wesleyan University will take reasonable steps to investigate and respond to the complaint consistent with the request. However, Nebraska Wesleyan University’s ability to respond may be limited in such cases, and Nebraska Wesleyan University may not be able to grant such a request when the respondent poses a continuing threat to the Nebraska Wesleyan University community.
- Throughout the investigation of your complaint, Nebraska Wesleyan University will maintain as confidential any accommodations or protective measures provided to you, to the extent maintaining such confidentiality does not impair Nebraska Wesleyan University’s ability to provide such accommodations or protective measures.
- Nebraska Wesleyan University is required by law to make certain statistical disclosures of crimes reported to it. If you report an incident that is a crime, Nebraska Wesleyan University will make the statistical disclosure without disclosing personally identifying information about you.
V. Resources Available
- Nebraska Wesleyan University’s Title IX Coordinator
Tyre J. McDowell, Jr. (T.J.)
Smith-Curtis – Room 303
tmcdowe2 [at] nebrwesleyan.edu
- Nebraska Wesleyan University’s Title IX Deputy Coordinator
Dr. Susan Wortmann
Smith Curtis – Room 140F
swortman [at] nebrwesleyan.edu
- Voices of Hope Victim Advocate
Roy G. Story Student Center – Room 040
402.475.7273 (24-Hour Crisis Hotline)
lindsay [at] voicesofhope.org
- NWU Counseling Services
2641 N. 49th Street
counseling [at] nebrwesleyan.edu
- NWU Financial Aid Office
Smith Curtis – Room 207
tjo [at] nebrwesleyan.edu
- Lincoln Police Department
911 – Emergency
Title IX Coordinator:
Tyre J. McDowell, Jr. (T.J.)
Deputy Title IX Coordinator:
Dr. Susan Wortmann
Rev. H. Eduardo Bousson
Amy Harrison, Omaha location
Lindsay Spaulding, Voices of Hope
Campus Victim Advocate, 402.465.2533
lindsay [at] voicesofhopelincoln.org