Rights and Options

The following information provides a summary of rights and options following a report or a complaint of an alleged violation of the Sexual Misconduct and Sexual Harassment Policy. Please contact the Title IX Coordinator if you have any questions about this information.

Rights

  1. To report a sexual misconduct and/or sexual harassment concern to anyone in order to ensure your equal access to educational or employment opportunities.
    1. Two main categories of resources on the Nebraska Wesleyan campus include:
    1. Confidential Resources (University Minister, Campus Advocate, NWU Counselor, and Employee Assistance Program): Confidential Resources are not required to report to the Title IX Office.
    2. Responsible Employees (All University Employees other than Confidential Resources): Responsible Employees are required to report disclosures to the Title IX Office.
      For clarification about the difference between confidentiality and privacy, please refer to Section IV of NWU’s Sexual Misconduct and Sexual Harassment Policy.
  2. To be treated with appropriate compassion and respect, and in a manner considerate of your privacy.
    As noted above, confidentiality cannot be guaranteed unless disclosing to a confidential resource.
  3. To a prompt and efficient processing of all reports and complaints received by NWU’s Title IX Office, in accordance with NWU’s procedures.
  4. To be informed of a complaint, and the alleged misconduct on which the complaint is based, if you are the Complainant or the Respondent.
  5. To decide whether or not to participate in the resolution process.
    Please note, if a complaint is filed and either party chooses not to participate or chooses not to answer certain questions during the resolution process, the process will continue nonetheless. Decisions will be made without that party’s participation.
  6. To request reasonable accommodations, including but not limited to, needs for disabilities, language translation, or interpretation services, in order to allow participation in the Title IX reporting and resolution process.
  7. To be supported by an Advisor of Choice during any part of the Title IX reporting and resolution process. The Advisor of Choice may speak only to the individual being advised.
    1. When the Advisor of Choice is an attorney, it is at your own expense, and the administrator hosting the meeting must be given two days advance notice.
    2. If you desire the support of an Advisor of Choice, but cannot find someone that you are comfortable with, please contact a Title IX Coordinator at titleIX [at] nebrwesleyan.edu.
  8. To request the recusal of any member of the Title IX reporting and resolution process because of potential bias.
  9. To be advised of the outcome of the Title IX resolution process.
  10. To appeal the findings if there are grounds for an appeal.

Options

  1. To request that the Title IX Coordinator assists victims in contacting local Law Enforcement regarding incidents that are considered a criminal offense. The Title IX Coordinator will follow mandatory reporting laws involving abuse or neglect of a minor.
  2. To request that the Title IX Coordinator assist complainants or respondents in contacting resources that may provide legal advice.
  3. To request that Nebraska Wesleyan University provides interim remedies or protections for the parties or witnesses involved in order to ensure equal access to NWU’s educational programs and activities.
    1. Protection Orders: If you have obtained or obtain a temporary protection order, or other no contact order, against the alleged perpetrator from a criminal, civil, or tribunal court, please provide that information to the Title IX Coordinator. Nebraska Wesleyan University will take all reasonable action to implement the order.
    2. Remedial and Protective Measures: The Title IX Coordinator has the discretion to determine the appropriateness of any remedial and protective measure based on all available information. Remedial and protective measures may include but are not limited to: the issuing of a No Contact Order, change of work assignment, change of campus living space, interim suspension, change of class schedule, and/or security escort.

Other Considerations

  1. Preservation of Evidence: It is important that you consider the preservation of evidence. Please see the Medical Care and Evidence Collection document for information on how to protect physical evidence.
    Evidence in all electronic formats should also be retained (e.g. text messages, emails, photos, social media posts, screenshots, etc.).
  2. Retaliation: NWU prohibits retaliation by any party against Respondents, Complainants, witnesses, reporters, or anyone involved in or participating in NWU’s Title IX reporting and resolution process.

Updated: February 14, 2020
Approved by: The Title IX Office