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College Policies

The administration, staff, and faculty of the Nebraska Indian Community College (NICC) are committed to a program of equal opportunity for education, employment,and participation in college activities without regard to race, color, sex, age, religious creed, political ideals, marital status, physical or mental handicap, national origin or ancestry.

The Nebraska Indian Community College complies with Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, as well as applicable federal, state, tribal, and local laws. The person charged with monitoring and coordinating Equal Opportunity and Affirmative Action matters, as well as compliance with the aforementioned laws is the Business Office Director.

The College retains the right to follow a policy of Indian preference in employment in line with the Title VI and Title VII of the Civil Rights Act of 1964, the Title IX of the Education Amendments of 1972 and any other applicable federal, state and tribal laws.

The College and its Board of Directors reserve the right to make changes in course offerings, policies, tuition and fees without notice.

Sexual and Gender Harassment

NICC is pledged to maintain a safe working and learning environment because sexual harassment can interfere with a student's academic performance and emotional and physical well-being, and that preventing and remedying sexual harassment in schools is essential to ensure nondiscriminatory, safe environments in which students can learn.

Current laws define various violent and/or non-consensual sexual acts as crimes. Additionally, Nebraska Indian Community College has a defined category of sexual misconduct for which action under this policy may be imposed. Generally speaking, NICC considers sexual intimidation or exploitation violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, NICC reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any act of sexual misconduct or other gender-based offenses, including intimate partner or relationship violence, nonconsensual sexual contact, and stalking based on the facts and circumstances of the grievance.

Complaints regarding sexual and gender harassment will be directed to the Human Resource Manager and/or Academic Dean. For additional information refer to: http://www.thenicc.edu/index.php/en/nebraska-indian-community-college/about-nicc-1/campus-security-report-2

Discrimination

Fair, prompt, and impartial consideration of complaints involving discrimination on the grounds of race, religion, sex, age, national origin, or disability will be provided to students without fear of reprisal. Full cooperation will be provided to an individual who files a complaint of discrimination. Matters of discrimination can be directed to the Academic Dean.

Discipline

Students are to maintain orderly conduct that is consistent with an educational environment. An instructor may remove a student from the classroom for disciplinary reasons. The violation is then reported to the Academic Dean for review and action. Discipline is the responsibility of the Academic Dean who has the authority to act on any violation and take whatever action is deemed appropriate. The Academic Dean will review all complaints and may dismiss the allegations, make an administrative disposition, or conduct a formal hearing in conjunction with the grievance committee. Possible disciplinary actions can be found in the Student Rights section of this catalog. Students dissatisfied with findings of the Academic Dean should follow the Grievance Procedure.

College Sanctions

The exhibition of intoxication or drug impairment on Campus locations will result in the student being escorted out of the campus facilities. If the student does not have a ride the authorities should be called. Repeated offenses will result in expulsion from school.

Any alcohol or drug related incident that involves harassing or threatening statements that potentially endangers any student, staff, Faculty or Administrator will automatically result in the college calling the authorities and will result in expulsion from school.

Offenses that are managed internally may result in the loss of travel privileges and/or loss of Institutionally managed scholarships.

If a student under the age of 21 is involved in any of the above actions their parent or guardian will be notified. Any expulsion or termination related to alcohol abuse or drug use will result in the student or employee being required to complete a licensed treatment program and show proof prior to their review for reinstatement.
The drug penalty schedule is as follows:

POSSIBLE DRUG PENALTIES UNDER TRIBAL, STATE AND FEDERAL LAW*
(*not a comprehensive list)
Schedules-Drugs and other substances that are considered controlled substances under the Controlled Substances Act are divided into five schedules. For the most up to date and complete schedules, which are published annually see Title 21 Code of Federal Regulations (C.F.R.) §§1308.11 through 1308.15. Substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment in the United States, the relative abuse potential, and likelihood of causing dependence when abused. Some examples are listed below:
Schedule I Controlled Substances
Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. Examples of Schedule I substances are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone and 3,4-methylenedioxymethamphetamine (Ecstacy).
Schedule II/IIN Controlled Substances (2/2N)
Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Examples include: hydromorphone, methadone (Dolophine®), meperdine (Demerol®), oxycodone and fentanyl. Other Schedule II narcotics include: morphine, opium, codeine and hydrocodone. Schedule II stimulants include: amphetamine (Adderall®), methamphetamine, and methylephenidate (Ritalin®).
Schedule III/IIIN Controlled Substances (3/3N)
Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. Examples include: Narcotics products including not more than 90 milligrams of codeine per dosage unit and buprenorphine, and non-narcotics such as ketamine and anabolic steroids.
Schedule IV Controlled Substances
Substances in this schedule have a low potential for abuse relative to substances in Schedule III. Examples are: alprazolam (Xanax ®), clonazepam (Klonopin®), diazepam (Valium®), lorazepam (Ativan®), and triazolam (Halcion®).
Schedule V Controlled Substances
Substances in this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics. Examples include: cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC®, Phenergan with Codeine®), and ezogabine.

Drug Trafficking is defined as the selling, manufacturing, growing, delivering, or possessing more than a certain amount of a controlled substance. The amount of the substance that needs to be involved in order to label it a trafficking charge depends on the substance. Below are the federal penalties for certain trafficking crimes (excluding marijuana):
FEDERAL TRAFFICKING PENALTIES FOR SCHEDULES I, II, III, IV AND V (EXCEPT MARIJUANA)
The following Substances and amounts are subject to a first offense penalty of not less than 5 years and not more than 40 years in prison. If death or serious bodily injury, not less than 20 years or more than life imprisonment and/or a fine of not more than $5 million if an individual and not more than $25 million if not an individual. They are subject to second offense penalties of not less than 10 years and no more than life. IF death or serious bodily injury then life imprisonment. A second offense may have a fine of not more than $8 million if an individual and not more than $50 million if not an individual.
Schedule I: Fentanyl Analogue 10-99 grams mixture, Heroin (100-999 grams mixture), LSD (1-9 grams mixture); Schedule II: Cocaine (500-4999 grams mixture), Cocaine Base (28-279 grams mixture), Methamphetamine 5-49 grams pure or 50-499 grams mixture), PCP (10-99 grams pure or 100-999 grams mixture); Schedule IV: Fentanyl (40-399 grams mixture).
The following Substances and amount are subject to a first offense penalty of not less than 10 years and not more than life imprisonment. If there is death or serious bodily injury, not less than 20 years or more than life imprisonment. First offense penalty is also subject to a fine of not more than $10 million if an individual and not more than $50 million if not an individual. A second offense is subject to a penalty of not less than 20 years and not more than life imprisonment. If death or serious bodily injury the penalty is life imprisonment. A second offense penalty is subject to a fine of not more than $20 million in and individual and not more than $75 million if not an individual. If there are two or more prior offenses the penalty will be life imprisonment and a fine of not more than $20 million if an individual and not more than $75 million if not an individual:
Schedule I: Fentanyl Analogue (100 grams or more mixture), Heroin (1 kilogram or more mixture), and LSD (10 grams or more mixture); Schedule II: Cocaine (5 kilograms or more mixture), Cocaine Base (280 grams or more mixture), Methamphetamine (50 grams or more pure or 500 grams or more mixture), PCP (100 grams or more pure or 1 kilogram or more mixture); Schedule IV: Fentanyl (400 grams or more mixture).
OTHER DRUG TRAFFICKING PENALTIES FOR SCHEDULES I, II, III, IV AND V (EXCEPT MARIJUANA)
Any amount of other Schedule I & II Substances, Any Drug Product Containing Gamma Hydroxybutyric Acid, and Flunitrazepam (Schedule IV-1 gram). First Offense: Not more than 20 years imprisonment. If death or serious bodily injury, not less than 20 years or more than life imprisonment and/or a fine not less than $1 million for an individual and not more than $5 million if not an individual. Second Offense: Not more than 30 years imprisonment. If death or serious bodily injury, life imprisonment. Second offense is also subject to a fine of no more than $2 million if an individual or no more than $10 million if not an individual.
Any amount of Other Schedule III Drugs. First Offense: Not more than 10 years imprisonment. If death or serious bodily injury, not more than 15 years imprisonment. A first offense may also have a fine of no more than $500,000 if an individual and no more than $2.5 million if not an individual. Second Offense: Not more than 20 years imprisonment. If death or serious injury, not more than 30 years imprisonment. Second offense is also subject to a fine of not more than $1 million in an individual and not more than $5 million if not an individual.
Any Amount of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam). First Offense: Not more than 5 years imprisonment and/or a fine of not more than $250,000 if an individual and not more than $1 million if not an individual. Second Offense: Not more than 10 years imprisonment and /or a fine of not more than $500,000 if an individual nor more than $2 million if other than an individual.
Any Amount of All Schedule V Drugs. First Offense: Note more than 1 year imprisonment and/or a fine of not more than $100,000 if an individual and not more than $250,000 if other than an individual. Second Offense: Not more than 4 years imprisonment and/or a fine of not more than $200,000 if an individual and not more than $500,000 if not an individual.
FEDERAL TRAFFICKING PENALTIES FOR MARIJUANA, HASHISH AND HASHISH OIL, SCHEDULE I SUBSTANCES
Marijuana (1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants). First Offense: Not less than 10 years or more than life imprisonment. If death or serious bodily injury, not less than 20 years or more than life imprisonment. First offense is also subject to a fine of not more than $10 million if an individual nor more than $50 million if other than an individual. Second Offense: Not less than 20 years nor more than life imprisonment. If death or serious bodily injury than no more than life imprisonment. Second offense is also subject to a fine of not more than $20 million if an individual or more than $75 million if other than an individual.
Marijuana (100 to 999 kilograms marijuana mixture or 100 to 999 marijuana plants. First Offense: Not less than 5 years or more than 40 years imprisonment. If death or serious bodily injury, not less than 20 years or more than life imprisonment. First offense is also subject to a fine of not more than $5 million if an individual nor more than $25 million if other than an individual. Second Offense: Not less than 10 year nor more than life imprisonment. If death or serious bodily injury, not more than life imprisonment. Second offense is also subject to a fine of not more than $8 million if an individual or more than $50 million if other than an individual.
Marijuana (50 to 99 kilograms marijuana mixture, 50 to 99 marijuana plants), Hashish (more than 10 kilograms), and Hashish Oil (more than 1 kilogram). First Offense: Not more than 20 years imprisonment. If death or serious bodily injury, not less than 20 years nor more than life imprisonment. First offense is subject to a fine of no more than $1 million if an individual and no more than $5 million if other than an individual. Second Offense: Not more than 30 years imprisonment. If death or serious bodily injury no more than life imprisonment. Second offense is also subject to a fine of not more than $2 million if an individual and not more than $10 million if other than an individual.
Marijuana (less than 50 kilograms, 1 to 49 marijuana plants), Hashish (10 kilograms or less), and Hashish Oil (1 kilogram or less). First Offense: Not more than 5 years imprisonment and/ or a fine of not more than $250,000 if an individual and not more than $1 million if other than an individual. Second Offense: Not more than 10 years imprisonment and/or a fine not more than $500,000 for an individual nor more than $2 million if other than an individual.
Santee Tribal Code Provision
(The Santee Dakota Nation of Nebraska has adopted the criminal laws of the State of Nebraska)
Nebraska
(NE uses the federal schedule for classifying drugs)
Neb. Stat. 28-416. Except as authorized by the Uniform Controlled Substances Act (21 U.S.C. Chapter 13), is shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute or possess with intent to distribute a counterfeit controlled substance.
Anybody who violates the section above with respect to a controlled substance classified in Schedule I, II or III (except for cocaine, heroin and amphetamine) is guilty of a Class II felony. The penalty for a Class II Felony is between 1 and 50 years imprisonment.
Anybody who violates the section above with respect to a controlled substance classified in Schedules IV or V is guilty of a Class IIIA felony. The penalty for a Class IIIA felony is up to 5 years imprisonment or a fine of up to $10,000 or both.
Anybody who violates the section above with respect to cocaine or any mixture or substance containing a detectable amount of cocaine a quantity of:
(a) 140 grams or more shall be guilty of a Class IB felony punishable from 20 year to life imprisonment.
(b) At least 28 grams but less than 140 grams shall be guilty of a Class IC felony which is punishable between 5 to 50 years imprisonment.
(c) At least 10 but less than 28 grams shall be guilty of a Class ID felony which is punishable between 3 to 30 years imprisonment.
Anybody who violates the section above with respect to base cocaine (crack) or any mixture or substance containing a detectable amount of base cocaine in a quantity of:
(a) 140 grams or more shall be guilty of a Class IB felony punishable from 20 year to life imprisonment.
(b) At least 28 grams but less than 140 grams shall be guilty of a Class IC felony which is punishable between 5 to 50 years imprisonment.
(c) At least 10 but less than 28 grams shall be guilty of a Class ID felony which is punishable between 3 to 30 years imprisonment.
Anybody who violates the section above with respect to heroin or any mixture or substance containing a detectable amount of heroin in a quantity of:
(a) 140 grams or more shall be guilty of a Class IB felony punishable from 20 years to life imprisonment.
(b) At least 28 grams but less than 140 grams shall be guilty of a Class IC felony which is punishable between 5 to 50 years imprisonment.
(c) At least 10 but less than 28 grams shall be guilty of a Class ID felony which is punishable between 3 to 30 years imprisonment.
Anybody who violates the section above with respect to amphetamine, its salts, optical isomers, and salts of its isomers or with respect to methamphetamine, its salts, optical isomers, and salts of its isomers, in a quantity of:
(a) 140 grams or more shall be guilty of a Class IB felony punishable from 20 years to life imprisonment.
(b) At least 28 grams but less than 140 grams shall be guilty of a Class IC felony which is punishable between 5 to 50 years imprisonment.
(c) At least 10 but less than 28 grams shall be guilty of a Class ID felony which is punishable between 3 to 30 years imprisonment.
Marijuana
Any person knowingly or intentionally possessing marijuana weighing more than one ounce but not more than one pound shall be guilty of a Class III misdemeanor which is punishable by up to three months in jail or a fine up to $500 or both.
Any person knowingly or intentionally possessing marijuana weighing more than one pound shall be guilty of a Class IV felony punishable by up to 5 years in prison or a fine of up to $10,000 or both.
Any person knowingly or intentionally possessing marijuana weighing one ounce or less or any substance containing a quantifiable amount of the substances, chemicals, or compounds of Schedule I shall:
(a) For the first offense, be guilty of an infraction, receive a citation, be fined three hundred dollars, and be assigned to attend a course if the judge determines that attending such course is in the best interest of the individual defendant.
(b) For the second offense, be guilty of a Class IV misdemeanor, receive a citation, and be fined $400 dollars and may be imprisoned not to exceed five days.
(c) For the third and all subsequent offenses, be guilty of a Class IIIA misdemeanor, receive a citation, be fined five hundred dollars, and be imprisoned not to exceed seven days.
Omaha Tribal Code Provision
Possession
SECTION 5-3-6
Unlawful Manufacture or Delivery of a Controlled Substance is a Class A offense.
Unlawful Possession of a Controlled Substance is a Class A Offense.
Class A offenses may be sentenced as follows: a term of imprisonment not to exceed one (1) year and a fine not to exceed $5,000.
SECTION 5-4-124
Possession of Marijuana can be a Class A, B, or C offense and is dependent of the amount possessed.
Class A possession under this section is subject to a fine of not less than $1500 or a term of imprisonment not to exceed 12 months, or both.
Class B possession under this section is subject to a fine of not less than $500 or a term of imprisonment not to exceed 90 days, or both.
Class C possession under this section is subject to a fine of not less than $300.
Referrals to community treatment agencies/centers may be made by college staff. Suggested agencies available in the area:
Jackson Recovery Centers (several locations in the same area)
https://www.jacksonrecovery.com/
800 5th St., Sioux City, IA. 51101 (main office)
712-234-2300
Substance Abuse, Mental Health

Ponca Tribe of Nebraska Behavioral Health Services
http://www.poncatribe-ne.org/Offices
125 6th St., Sioux City, IA 51101
712-258-0500
Behavioral Health

Transitional Services of Iowa
http://www.transitionalservicesofiowa.org/contact_us.html
1221 Pierce St., Sioux City, IA 51105
712-255-0204
Mental Health, Behavioral Health

Winnebago Tribe Behavioral Health
http://www.winnebagohhs.com/services/behavioral_health.html
225 Bluff St., Winnebago, NE 68071
402-878-2911
Behavioral Health

Chee Woy Na Zhee Halfway House
203 Maple St., Winnebago, NE 68071
402-878-2480
Substance Abuse

Omaha Suicide Prevention Resource Center
http://www.sprc.org/grantees/omaha-tribe-nebraska
312 Main St., Macy, NE 86039
402-846-5280
Mental Health

Chee Ponca Tribe Health/Wellness
http://www.poncatribe-ne.org/
249 Spruce Ave., Niobrara, NE 68760
402-857-3341
Substance Abuse

LIMPH
System of Care Indian Center
www.societyofcare.org
Niobrara, NE
(402) 857-2508 x304
Mental Health


H.E.A.R.T. Santee Clinic
Rez.sez.cl@gmail.com
110 South Visiting Eagle St.
Niobrara, NE
402-857-2508


ONCRT- Walthill
www.omahanationcrt.org
312 Main St. Fl. 2
Walthill, NE
402-846-5280

Services For Students With Special Needs

  • Accommodations for Students with Special Needs

    The Americans with Disabilities Act of 1990 (as amended in 2008) requires the College to make reasonable accommodations to the known physical or mental limitations of current or potential students. An accommodation is any change in the work or learning environment, or in the way things are customarily done, that enables an individual with a qualifying disability to pursue opportunities and have access to employment or programs and services offered by the College.

    Statement of Intent:

    Nebraska Indian community college desires to create an excess a bowl community where individuals with disabilities have an equal opportunity to pursue their educational goals limited only by their abilities not their disabilities to this end the college will:

    • Provide direct, reasonable accommodations and support services for individuals with disabilities.
    • Encourage self-determination, independence and personal responsibility for students with special needs.
    • Provide resources, advocacy, collaborative services, and outreach throughout the College community.
    • Promote an open and welcoming environment around campus for individuals with special needs.
    • Inform and educate the NICC community about disability-related laws, rules, regulations, and policies.
    • Members of the Educational Access Team at all three campus locations have the responsibility for coordinating the efforts of the college to comply with the Americans with Disabilities Act. This team is responsible for working with eligible students to coordinate and provide appropriate academic accommodations.

    Qualifying Disability:

    To have a qualifying disability, an individual must have a record of having a substantial impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.

    Otherwise Qualified: an individual must also be “otherwise qualified” (i.e., to be able to meet the requisite technical and academic standards)

    Basic Principles of Reasonable Accommodations:

    • Individuals with qualifying disabilities must self-identify.
    • Recent documentation describing the nature of the disability is required.
    • Documentation must meet the criteria established by Nebraska Indian Community College.
    • Documentation must be supplied by the individual.
    • The individual must be “otherwise qualified” for the program.

    Once it has been documented that an individual has a qualifying disability, NICC will work with the individual to provide reasonable accommodation. The College is only obligated to make an accommodation to the known limitations of an otherwise qualified individual with a disability. The College is not required to provide an accommodation that is primarily for personal use. The accommodations provided need not be the most expensive or ideal accommodation requested by the individual, as long as it is an effective accommodation.      

    The Decision to Self-Identify:

    The decision to self-identify and request reasonable accommodation is highly personal. NICC welcomes current and prospective students to discuss their disability, documentation, possible accommodations, and concerns with a member of the Educational Access Team. If you have a disability, there is no requirement that you disclose your disability at any time, but in order to receive accommodations from the College, you must self-identify. The decision not to self-identify is understood and respected.

    Consider self-identifying and requesting reasonable accommodations if:

    • You have a documented disability that significantly affects major life functions.
    • You are a client of Vocational Rehabilitation, the Commission for the Blind, the Commission for the Deaf and Hard of Hearing, or a related agency.
    • You received accommodations at another educational institution.

     

    Steps to Request Reasonable Accommodations:

    1.      Obtain a copy of the Reasonable Accommodation Request form.

    2.     Complete, sign and date the request form.

    a.     Attach copies of material documenting the disability.

    Acceptable Sources of Documentation

    Materials for documenting a disability are accepted from a licensed physician, psychiatrist, psychologist, licensed mental health provider, audiologist, speech pathologist, physical or occupational therapist, or other health care provider qualified to diagnose a disabling condition.  (Please see referral services)

     b.    Submit form and materials to an Educational Access team member on the campus where you will attend classes.

    3.     The Educational Access Team will respond to the Request for Accommodations.

    a.     The request will be reviewed, and the Reasonable Accommodation checklist will be completed by the assigned advisor.

    b.    When the individual and advisor meet, the advisor will inform the individual about qualification status- verbally and by written documentation.

    If an individual qualifies

    At this time, the individual may suggest ideas for reasonable accommodation. NICC will make every reasonable effort to offer an accommodation within approximately ten (10) school days. If the accommodation is accepted, the individual and advisor will complete the Reasonable Accommodation Agreement form. Students must contact a member of the Educational Access Team every semester they attend to access new or request continuing accommodations.

    If an individual qualifies but does not accept the offered accommodation

    The individual has the right to appeal an offered accommodation they may think is unacceptable.

    If an individual does not qualify

    The individual has the right to appeal the decision.

     

    Meet the Educational Access Team (with links to online bios)

     

    Susan Tyndall     

    Educational Access Team Coordinator

    Megan Miller

    Santee Campus- Educational Access Team Member

    Terri Grant 

    Santee Campus- Educational Access Team Member

    Paul Fowler

    SSC Campus- Educational Access Team Member

    Jackie Hahn

    SSC Campus- Educational Access Team Member

    Kristine Sudbeck

    Macy Campus- Educational Access Team Member

    Zeke Brummels 

    Macy Campus- Educational Access Team Member

    Marcella Stephenson

    Pawnee Campus- Educational Access Team Member

    Amanda Kanuho

    Pawnee Campus- Educational Access Team Member

     ——

    Responsibility of the Individual:

    • Obtain a copy of the request for reasonable accommodations form from the disability services office. Individuals who need accommodations should make the request as soon as possible.
    • Complete the request for accommodations form and attach copies of material documenting your disability and include information about the type of accommodation provided previously.
    • Submit the completed request form to an Educational Access team member on your campus. (The educational access team will review the request for accommodations and assign an advisor to the individual.)

    Responsibility of the NICC Educational Access Team:

    • The individual’s request will be reviewed to determine whether reasonable accommodations can and should be provided by Nebraska Indian Community College.
    • The Educational Access Team will meet with the individual to inform them whether they qualify under ADA guidelines to receive accommodation. Written notification of the College’s decision shall also be provided to the individual.
    • If the individual does qualify, this meeting will be used by the Educational Access Team to learn more about the individual’s disability and to hear suggestions or ideas for reasonable accommodations.
    • NICC will make every reasonable effort to offer an accommodation within approximately ten (10) school days.
    • The individual has the right to accept or refuse the accommodation offered. If the accommodation is accepted, the individual and the Educational Access Team Coordinator or designee will complete the agreement to provide reasonable accommodation form.

    Right of Appeal:

    Contact the Educational Access Team for more information on the Student Appeal process. If the student and the College are unable to successfully resolve problems, the student does have the right to file a grievance. All students have the right of due process in fairness, in matters of dispute, including those arising from objection to, or dissatisfaction with, actions taken by Nebraska Indian Community College with regard to request for reasonable accommodation. Remedies under this grievance procedure or corrective steps and measures to provide a reasonable accommodation. For a complete explanation of the Student Grievance processes at NICC, consult the College Catalog or contact the Dean of Student Services.

     Confidentiality and Privacy:

    The Educational Access Team keeps all records and the documentation of students with disabilities confidential. Any information regarding students’ disabilities and accompanying documentation is confidential and protected by law under the Family Education Rights in Privacy Act (FERPA) , the ADA, and §504 the Rehabilitation Act. 

    Forms:

    Application for Reasonable Accommodations 

    Agreement for Accommodations

    Permission to Notify Faculty Form

    Transition from High School to College Handout

    Additional Resources:

Release of Student Information

In general, the policy of the Nebraska Indian Community College is to keep student records confidential. It is the intention of the college to fully comply with the Family Education Rights and Privacy Act of 2002, Section 507 of Public Law 107-56; as amended April 12, 2002, in response to the terrorist attacks on the United States that took place on September 11, 2001. The college has established policies and procedures to implement compliance. Students requesting a third-party release will be required to have a signed document on file in their permanent student record. The Federal Law allows release of current address to institutions such as loan companies and other Federal requests for reporting.

CONSUMER INFORMATION
Nebraska Indian Community College complies with all federal, state, and local laws, which relate to student records including the Family Educational Rights and Privacy Act (FERPA) and pursuant regulations. The Registrar, Dean of Student Services and the Academic Dean are responsible for maintaining and controlling all student educational records. An individual who believes that the College has failed to comply with the requirements of FERPA may file a complaint with the:
U.S. Department of Education
600 Independence Avenue, SW
Washington, DC 20202-1605

Under the law, directory information may be released by the College without the student’s consent. The following items are considered directory information: student’s name, address, telephone number, email address, major field of study, dates of attendance, honors and awards received, degrees and awards, photographs and the most recent previous institution attended by the student. If a student does not desire such directory information to be released, a request in writing must be filed with the Registrar’s Office.

Release of information other than directory information normally requires written permission from the student. The College may release non-directory information without consent in specific cases as outlined in College policies. Nebraska Indian Community College maintains records of all disclosures. Students have the right to inspect their educational records. The College will not withhold a student’s record from a student who has properly requested information under the conditions described in the College’s policies and present valid identification. A student has the right to request an amendment of their record, obtain a grievance hearing related to their record, or add statement to their record. An individual who believes that he or she has been denied the right to view appropriate records may appeal the decision with the Academic Dean through the academic appeal process.

If you would like assistance finding more information regarding alcohol/drug addictions there are numerous drug and alcohol counseling, treatment and rehabilitation centers located in Northeast Nebraska including both reservations. Please contact the Dean of Student Services for more information, or your local treatment facility.
Macy Alcohol Counseling Center, Macy ~ 402-837-4053
Santee Dakota Alcoholism Program, Niobrara ~ 402-857-2508
Valley Hope, O'Neill ~ 1-800-544-5101
Jackson Recovery Inc. ~ 712-234-2300

Our student enrollment data and campus security report are located at http://nces.ed.gov/ipeds/cool. The Campus Security Report is also posted on each campus site. More information regarding Consumer Information is located at http://www.thenicc.edu/index.php/en/current-students/consumer-information.
All Offices able to disseminate information are listed in the College’s catalog. They are as follows: Academic Dean, Dean of Student Services, Financial Aid, Registrar’s Office, and Student Billing.

Drug-Free College Community

NICC is committed to providing a healthy, safe, and secure educational environment. It is policy that reasonable measures shall be taken to establish and maintain a drug-free college community as required by the Drug-Free Schools and Communities Act (Public Law 101-226) and Drug-Free Workplace Act of 1988 (Public Law 101-690) and applicable state and tribal statutes. No person - student, faculty member, staff or visitor - shall be permitted on college premises in a state of intoxication, or under the influence of illegal substances. Neither alcohol nor controlled substances may be carried, consumed, manufactured or distributed at NICC college events, or on NICC premises. In the college curriculum, health and social risks of alcohol and drugs are addressed in the required courses of Health Education and Wellness. (Remove this sentence and replace with following paragraph.)


The use of illicit drugs and the abuse of alcohol carry significant social, physical, and emotional health risks. Users may suffer damage to key body organs such as the heart, liver, kidneys, and central nervous system. Drugs can kill the user, and the use of drugs and alcohol during pregnancy may cause birth defects or death of unborn babies. Drugs and alcohol abuse may cause difficulties with concentration and memory that impairs learning. Drugs and alcohol abuse can be instrumental in the deterioration of family units and the breakdown of friendships and other support systems.

Smoking Policy

Nebraska Indian Community College is a smoke-free institution and smoking is prohibited inside any of the buildings maintained, owned, and operated by the college. This policy applies to all employees, students, and visitors.

Cigarettes, tobacco, and devices such as e-cigarettes, pipes, and vaporizers will be allowed in designated smoking areas only outside of the buildings and must be at least 15 feet from any entrance, exit, or ventilation system.
Smoking is not allowed near the front entrances to any of the main campus buildings. The designated smoking areas are posted at each campus. There is no smoking in NICC Vehicles.

Violence-Free Institution

The Nebraska Indian Community College has zero tolerance for physical or verbal violence of any kind. Anyone causing a situation which threatens the physical or emotional well-being of any NICC student, staff, faculty, administrator, or visitor will be removed, barred or dismissed from enrollment or employment from the campus. Any situation involving violence could also result in criminal prosecution. Local law enforcement will be summoned if the problem becomes persistent or if there appears to be an immediate threat to a person’s physical or emotional well-being. Campus Crime and Security Report will be compiled and distributed annually.

Student Rights

The following rights of the student are recognized as among those that the College has the responsibility to foster and protect.
● The right to pursue educational, recreational, social, religious, and cultural activities.
● The right to maintenance of a campus environment characterized by safety and good order.
● The right to organize, join, and maintain membership in associations to promote lawful interests the student holds in common with other students, subject to reasonable and non-discriminatory College regulations.
● The right to appropriate available services of the faculty, administrative offices, and support services of the College. ● The right to report grievances or complaints to college administration or staff, local police, Federal agencies, or Tribal authorities.
● The right to fair and impartial evaluation of the student's academic work.
● The right to have complete and accurate records maintained by the College of the student's academic performance and the right to review them.
● The right, through representatives of the student's choice, to voice his or her opinion and to participate in the formulation of regulations affecting student affairs.
● The right to have the College maintain and protect the student's academic conduct, financial information, and counseling records, as required by the Family Educational Rights and Privacy Act (FERPA). A copy of the FERPA Act may be requested through the Admissions/Advising/Records Office and can be viewed under Consumer Information at www.thenicc.edu. The student has the right to provide a written request for the disclosure of their records. If the student requests a copy of the records, a charge of $.10 per page will be assessed to the student’s account. See also Release of student information for more information.

Title IX Policy

Policy:

Nebraska Indian Community College (NICC) will address all incidents of sex discrimination and sexual harassment reported to the NICC Title IX Coordinator and/or their designee(s) in compliance with the Higher Education Opportunity Act, the Clery Act, and Title IX of the Education Amendments of 1972, as amended.

Purpose: 

This policy is directed towards any person affiliated with the College, any person physically located on the premises of the College, any person participating in any College program or activity, or any person conducting college business with regards to college policies and procedures regarding sex discrimination and sexual harassment to which all above named groups are expected to adhere to during their time at NICC. In addition, comprehensive information is provided regarding the reporting of sex discrimination and sexual harassment and avenues to seek immediate assistance.

Procedure:

NICC seeks to create a positive educational environment on and off campus through our academic programs, services, activities, policies and procedures aimed at providing protection against sex discrimination and harassment. To that end, NICC condemns sexual discrimination and harassment in its education programs and activities based on sex or gender, sexual orientation, gender identity or expression, sexual harassment, sexual violence, domestic violence, dating violence, and stalking. Please see Sexual Harassment and Discrimination Policy of the College Catalog. Notice of a sex discrimination or sexual harassment incident to the NICC Title IX Coordinator charges NICC with actual knowledge and triggers NICC’s response obligations as described in the institutional action section.

Scope of the Policy

NICC must respond when sex discrimination and harassment occurs in the school’s education program or activity, against a person in the United States. Education program or activity includes locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context in which the discrimination or harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution. Title IX applies to all of a school’s education programs or activities, whether such programs or activities occur on-campus or off-campus, including online instruction.

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time, including during non-business hours, by using the contact information listed for the Title IX Coordinator and/or their designee(s).

Individuals are responsible for immediately reporting any knowledge or information concerning sexual harassment to the NICC Title IX Coordinator or their designee(s) identified in this policy which covers unwelcome conduct of a sexual or gender-based nature, whether committed on-campus, or off-campus where NICC has control over the respondent or the context of the harassment.

NICC offers confidential counseling resources through Morningstar Counseling and encourages victims of sexual issues to work with a counselor.

  • Morningstar Counseling Counselors are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”
  • Morningstar Counseling Employees may talk to a victim in confidence, and generally only report to NICC that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not trigger a College investigation into an incident against the complainant’s wishes.
  • NICC Employees are required to report all the details of an incident (including the identities of both the complainant and respondent) to the Title IX Coordinator. A report to NICC employees (called “responsible employees”) constitutes a report to NICC and places NICC on notice to take appropriate steps to address the situation.

Compliance with this policy does not constitute a violation of the Family Educational Rights and Privacy Act (FERPA). For the purpose of this policy, the outcome of a disciplinary proceeding means only the institution’s final determination with respect to the alleged sex discrimination or sexual harassment offense and any sanction that is imposed against the respondent. This policy also applies to retaliation by NICC or any person against any other person  for the purpose of interfering with Title IX rights, or because the person has participated or refused to participate in any manner in a proceeding under Title IX that is prohibited. 

Assistance Following an Incident of Sexual Harassment

  • Immediate Assistance:

Persons who have complaints of sexual harassment may file their complaints with the Title IX Coordinator: 

Title IX Coordinator

Phone

Email

Location

Anthony Warrior

402-241-5943

SanAWarrior@thenicc.edu

Santee Campus

Victims of  sexual violence should get to a place of safety and call 911 or their nearest police department:

Campus

Police Contacts

Macy, NE

  • Omaha Nation Police Department 402-837-5906
  • Thurston County Sheriff’s Office 402-385-3018
  • Walthill Police Department 402-846-5685
  • Winnebago Police Department/BIA 402-878-2245

Santee, NE

  • Santee Police Department 402-857-2527
  • Knox County Sheriff’s Office 402-288-4261
  • Niobrara Police Department 402-857-2772
  • Yankton (SD) City Police Department 605-668-5210

South Sioux City, NE

  • South Sioux City (NE) Police Department 402-494-7512
  • Dakota County Sheriff’s Office 402-987-2188
  • Dakota City (NE) Police Department 402-987-2182
  • Vermillion (SD) Police Department 605-677-7070
  • Sioux City (IA) Police Department 712-279-6440
  • North Sioux City (SD) Police Department 605-232-4301

Pawnee, OK

  • Pawnee County Sheriff’s Office 918-762-2565
  • Pawnee Tribal Nation Police Department 918-762-3013
  • Pawnee City Police 918-762-3166

*Note* These contacts are also helpful for witnesses.

Obtain necessary medical treatment; time is a critical factor for evidence collection and preservation. An assault should be reported directly to a law enforcement officer, and college officials will aid in facilitating this process. Filing a police report will not obligate the complainant to prosecute, nor will it subject the reporting party to scrutiny or judgmental opinions from officers. Filing a police report will ensure that a complainant of sexual violence receives the necessary medical treatment and tests, at no expense to the complainant to the extent provided for by Nebraska and Oklahoma law, and provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later.   

  • Ongoing Assistance:

In order to ensure the safety and well-being of the complainant, NICC may take interim measures such as changing work schedules, academic schedules, addressing transportation issues, withdraw from/retake a class without penalty, and access academic support (e.g., tutoring), leaves of absence, campus escort services, or similar measures. In addition, while an investigation is pending NICC may initiate a “no contact order” between the parties that carries a sanction of expulsion if violated.  

Morningstar Counseling (https://www.morningstar-counseling.com/ ) provides free counseling services to all NICC students. They have offices in the following locations:

Macy, NE (on campus)

Santee, NE

Walthill, NE

1111 Hwy 75

110 Visiting Eagle St.

104 S. Cosetello

Telehealth and online services are available for all NICC students and employees free of charge. Contact Dr. Belinda Hinojos at 402-417-3884 or dr.hinojos@morningstar-counseling.com to set up an appointment, or use their website: (https://www.morningstar-counseling.com/schedule-appointment.

Campus

Local Support Services

Macy, NE

ONCRT- Walthill

www.omahanationcrt.org

312 Main St. Fl. 2

Walthill, NE

402-846-5280

 

Winnebago Tribe Domestic Violence Program

Michelle Anderson, Director, Michelle.Andersen@winnebagotribe.com

 

Omaha Tribe Domestic Violence Program

John Penn, Director of Omaha Tribe Family Services, john.penn@theomahatribe.com

Santee, NE

H.E.A.R.T program DTSU (SAFE HOUSE)

Ponca Tribe Domestic Violence Program

-        Andrea Rodriguez, Director, arodriguez@poncatribe-ne.org 

Santee Sioux Nation Domestic Violence Program

-        Dana Yunker, Director, yunkerdana0909@gmail.com

-        Danielle LaPointe, Director of Santee’s Social Services Program (the domestic violence program is under this department, danlapointe7@gmail.com

South Sioux City, NE

Ponca Tribe Domestic Violence Resources 712-258-0500

https://www.poncatribe-ne.org/services/domestic-violence/

Council on Sexual Assault for Woodbury County 712-635-5244

-        Contact: Lisa M. Greely

Bright Horizons, https://brighthorizonsne.org/   

Haven House, https://havenhousefsc.com/    

CSADV, safeplacesiouxland.org    

Council on Sexual Assault and Domestic Violence

Legal Aid of Nebraska- Native American Program

-        Contact: Kirby Williams (Domestic Violence Outreach Coordinator)

-        209 S. 19th Street, Suite 200 Omaha, NE  68102

-        402-348-1069 ext.  269 or 888-991-9921 ext.  269

Pawnee, OK

Pawnee Indian Health Service Behavioral Services (918)762-6604

Pawnee Nation Ti-Hirasa Domestic Violence Program- 918-399-3310

CREOKS Behavioral Health Services 540 Illinois St Pawnee, OK 74058 (918) 762-1045

 

By State

Nebraska

Oklahoma

  • Oklahoma Safeline - 1-800-522-7233 (SAFE) 
  • Oklahoma Safeline - Oklahoma City Metro Area - 405-522-7233 (SAFE) 
  • Oklahoma Coalition Against Domestic Violence/Sexual Assault 405-524-0700 (M-F/9-5)

 

National Resources

  • National Domestic Violence Hotline - 1-800-799-7233 (SAFE)
  • Rape, Abuse & Incest National Network Hotline - 1-800-656-4673 (HOPE)
  • Communication Services for the Deaf (TTY) - 1-800-252-1017 (TTY)
  • Communication Services for the Deaf (Voice) - 1-866-845-7445 (Voice)
  • Strong Hearts Native Helpline 1-844-7NATIVE (762-8483)
  • Love is Respect (call or text) 1-866-331-9474

 

Title IX Coordinator and Staff

  • Title IX Coordinator has primary responsibility for overseeing the process of coordinating NICC’s compliance efforts, receiving complaints, investigations, hearing, sanctions, appeals, and education and training associated with this policy. To file a complaint or submit questions concerning actions governed by this policy contact the Title IX Coordinator, Anthony Warrior (Human Resources Director).

Title IX Coordinator

Phone

Email

Location

Anthony Warrior

402-241-5943

SanAWarrior@thenicc.edu

Santee Campus

  •  Deputy Title IX Officers have the secondary responsibility and assist in the duties of the Title IX Coordinator. Deputy Title IX Officers include Dr. Kristine Sudbeck (Dean of Academic Affairs) and Dawne Price (Dean of Student Services). 

Deputy Title IX Officers

Phone

Email

Location

Dr. Kristine Sudbeck

402-241-5900

KSudbeck@thenicc.edu

Macy Campus

Dawne Price

402-241-5908

DPrice@thenicc.edu

Macy Campus

  •  Title IX Investigators may include but not be limited to NICC faculty and staff members who serve on the Title IX Team (with at least two trained members at each campus location). The primary responsibility of the investigator is to collect statements and any evidence directly related to any allegations of a Title IX policy violation as directed by the Title IX Coordinator. Investigators will receive appropriate Title IX and trauma informed training.
  •  Title IX Hearing Officer may include an NICC administrator or external legal counsel. The primary responsibility of the hearing officer will be to ensure both parties receive due process in the event allegations of a Title IX policy violation are directed to a hearing by the Title IX Coordinator. Hearing Officers will receive appropriate Title IX and trauma informed training.
  • Title IX Hearing Member may include NICC faculty or staff members. The primary responsibility of the hearing member is to listen to both sides of the complaint. Each hearing member will evaluate the information being provided by both parties to make a decision whether or not a Title IX policy violation took place. Hearing members will receive appropriate Title IX training.

Definitions

NICC defines sex discrimination and sexual harassment broadly to include any of three types of misconduct on the basis of sex (or gender), all of which jeopardize the equal access to education that Title IX is designed to protect: Any instance of quid pro quo harassment by a school's employee; any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal educational access; any instance of sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA).

Offenses prohibited under NICC’s policy include, but are not limited to sex discrimination (including sexual orientation discrimination and gender identity or gender expression discrimination), sexual harassment, sexual violence to include non‐consensual sexual contact, non‐consensual sexual intercourse, sexual coercion, domestic/dating violence, stalking, and sexual exploitation.

  1. Sex Discrimination: includes sexual harassment and is defined as conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education, or institutional benefits, on account of sex or gender (including sexual orientation, gender identity, and gender expression discrimination). It may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
  1. Sexual Harassment: is unwelcome and discriminatory speech or conduct undertaken because of an individual’s gender or is sexual in nature and is so severe, pervasive, or persistent, objectively and subjectively offensive that it has the systematic effect of unreasonably interfering with or depriving someone of educational, institutional, or employment access, benefits, activities, or opportunities. Students, employees, and visitors who are subject to or who witness unwelcome conduct of a sexual nature are encouraged to report the incident(s) to the Title IX Coordinator or any CMN employee. Employees who are subject to unwelcome conduct of a sexual nature are encouraged to report the incident(s) to the Title IX Coordinator or any CMN employee.  Employees who witness or receive reports of unwelcome conduct of a sexual nature are required to report the incident(s) or reports received to the Title IX Coordinator.
  1. Hostile Environment: Sexual Harassment includes conduct that is sufficiently severe, pervasive, or persistent, objectively and subjectively offensive that it alters the conditions of education or employment or institutional benefits of a reasonable person with the same characteristics of the victim of the harassing conduct. Whether conduct is harassing is based upon examining a totality of circumstances, including but not limited to:
  • The frequency of the conduct;
  • The nature and severity of the conduct;
  • Whether the conduct was physically threatening;
  • Whether the conduct was deliberate, repeated humiliation based upon sex;
  • The effect of the conduct on the alleged victim’s mental or emotional state from the perspective of a reasonable person;
  • Whether the conduct was directed at more than one person;
  • Whether the conduct arose in the context of other discriminatory conduct;
  • Continued or repeated verbal abuse of a sexual nature, such as gratuitous suggestive comments and sexually explicit jokes; and
  • Whether the speech or conduct deserves constitutional protections.

2. Quid Pro Quo Sexual Harassment exists when individuals in positions of authority over the complainant:

  • Make unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and
  • Indicate, explicitly or implicitly, that failure to submit to or the rejection of such conduct will result in adverse educational or employment action or where participation in an educational program or institutional activity or benefit is conditioned upon the complainant’s submission to such activity.

Examples of Harassment

  • An instructor insists that a student have sex with him/her in exchange for a good grade. This is harassment regardless of whether the student agrees to the request.
  • A student repeatedly sends sexually oriented jokes around in an email list he or she created, even when asked to stop, causing one recipient to avoid the sender on campus and in the dorms in which they both live.
  • The instructor probes for explicit details, and demands that students respond to him or her, though they are clearly uncomfortable and hesitant.
  • An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to his clear discomfort.
  1. Sexual Violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, other students, or third parties.
  1. Non-Consensual Sexual Contact is any intentional touching, however slight, whether clothed or unclothed, of the victim’s intimate body parts (primarily genital area, groin, inner thigh, buttock or breast) with any object or body part, without consent and/or by force. It also includes the touching of any part of a victim’s body using the perpetrator’s genitalia and/or forcing the victim to touch the intimate areas of the perpetrator or any contact in a sexual manner even if not involving contact of or by breasts, buttocks, groin, genitals, mouth or other orifice. This definition includes sexual battery and sexual misconduct.
  2. Non-Consensual Sexual Intercourse is defined as any sexual intercourse or penetration of the anal, oral, vaginal, genital opening of the victim, including sexual intercourse or penetration by any part of a person’s body or by the use of an object, however slight, by one person to another without consent or against the victim’s will. This definition includes rape and sexual assault, sexual misconduct, and sexual violence.
    1. Rape: 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. This definition includes any gender of victim or perpetrator.  Sexual penetration means 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. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
  3. Sexual Coercion is the act of using pressure (including physical pressure, verbal pressure or emotional pressure), alcohol, medications, drugs, or force to have sexual contact against someone’s will or with someone who has already refused. This includes rape, sexual assault, sexual exploitation and sexual misconduct.
  4. Dating Violence is violence between individuals in the following circumstances:

The party is or has been in a social relationship of a romantic or intimate nature with the victim; and

  • The existence of such a relationship shall be determined based on a consideration of the following factors:
  • Length of the relationship
  • Type of relationship
  • Frequency of interaction between the persons involved in the relationship

5. Domestic Violence under NICC policy means violence committed by a current or former spouse of the victim;

  • A person with whom the victim shares a child in common;
  • A  person who is cohabitating with or has cohabitated with the victim as a spouse;
  • A person similarly situated to a spouse of the victim under Nebraska or Oklahoma domestic or family violence laws;
  • Any other person against an adult or youth victim who is protected from that person’s acts under Nebraska or Oklahoma domestic or family violence laws.

D. Advisor: A person who has agreed to assist a complainant or respondent during the Title IX process.  The advisor may be a person of the student’s choosing, including but not limited to a CMN faculty or staff member, a friend or an attorney.

E. Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

F. Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sex discrimination or sexual harassment.

G. Formal Complaint: a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the school investigate the allegation of sexual harassment and stating the date, time, place, name(s) of person(s) involved (e.g. the accused, witnesses) and sufficient detail to make a determination regarding basic elements of the formal complaint process.

 a.  At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the school with which the formal complaint is filed.

H. Supportive Measures - individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.

Consent

Consent is the act of willingly agreeing to engage in sexual contact or conduct. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and the absence of “No” may not mean “Yes”.

  1. Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.
  1. Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.
  1. Previous relationships or consent does not imply consent to future sexual acts.
  1. Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure for sexual activity.
  1. In order to give effective consent, one must be of legal age and have the capacity to consent. Incapacity may result from mental disability, intellectual disability, unconsciousness/sleep, age, or use of alcohol, drugs, medication, and/or other substances. Consent given by someone who one should know to be, or based on the circumstances, reasonably should have known to be, mentally or physically incapacitated, is a policy violation. Incapacitation is a state where someone cannot make rational, reasonable decisions because he or she lacks capacity to give knowing consent. Note: indications of consent are irrelevant if the initiator knows or should reasonably have known of the incapacity of the other person.

Examples of when a person should know the other is incapacitated include, but are not limited to:

  • The amount of alcohol, medication or drugs consumed,
  • Imbalance or stumbling,
  • Slurred speech,
  • Lack of consciousness or inability to control bodily functions or movements, or vomiting, or
  • Mental disability or incapacity.
  1. Use of alcohol, medications, or other drugs will not excuse behavior that violates this policy.

Reporting

  1. Mandatory Reporting

All NICC employees are responsible for taking all appropriate action to prevent sex discrimination or sexual harassment, to correct it when it occurs, and must promptly report it to the Title IX Coordinator. Failure to do so may result in disciplinary action up to and including termination. All NICC employees are considered responsible employees with a duty to report any incident to the Title IX Coordinator.

  1. Confidential Reporting

The right to have the college maintain and protect: records of conduct, financial information, counseling, or reports, and shall not discuss in any manner off or on the job with any person without legitimate interest or credential. Outside agencies will only be contacted in cases of emergency or with release by the person involved. Resources are available through Morningstar Counseling.  Staff, counselors, and victims’ advocates at Morningstar Counseling are available to speak with any person who wishes to report an incident and remain anonymous. All forms of sexual harassment should be reported, no matter the severity. In addition, NICC should be made aware of possible threats to the campus community in order to issue timely warnings.

  1. Reporting to the Police

NICC strongly encourages anyone to report sexual violence and any other criminal offenses to the police. This does not commit a person to prosecution, but will allow the gathering of information and evidence. The information and evidence preserve future options regarding criminal prosecution, College disciplinary actions and/or civil actions against the respondent.

  • The incident can be reported to the local law enforcement with jurisdiction in the location where it occurred. Know that the information you report can be helpful in supporting other reports and/or preventing further incidents.

Campus

Police Contacts

Macy, NE

  • Omaha Nation Police Department 402-837-5906
  • Thurston County Sheriff’s Office 402-385-3018
  • Walthill Police Department 402-846-5685
  • Winnebago Police Department/BIA 402-878-2245

Santee, NE

  • Santee Police Department 402-857-2527
  • Knox County Sheriff’s Office 402-288-4261
  • Niobrara Police Department 402-857-2772
  • Yankton (SD) City Police Department 605-668-5210 

South Sioux City, NE

  • South Sioux City (NE) Police Department 402-494-7512
  • Dakota County Sheriff’s Office 402-987-2188
  • Dakota City (NE) Police Department 402-987-2182
  • Vermillion (SD) Police Department 605-677-7070
  • Sioux City (IA) Police Department 712-279-6440
  • North Sioux City (SD) Police Department 605-232-4301 

Pawnee, OK

  • Pawnee County Sheriff’s Office 918-762-2565
  • Pawnee Tribal Nation Police Department 918-762-3013
  • Pawnee City Police 918-762-3166
  • Reporting for Faculty and Staff (Non-Student) Instances: Faculty and staff shall report any instances of sexual harassment by another faculty or staff member to the Title IX Coordinator. As stated above, NICC also strongly encourages reporting any instances to the police.
  • Employee Obligation to Report (Student Instances): In compliance with Title IX, employees who become aware of a student instance of sexual harassment shall immediately report such instance to the Title IX Coordinator, including the name of the persons involved.
  1. Reporting of Student Instances

Students shall report any instances of sex discrimination or sexual harassment to any NICC employee and/or the Title IX Coordinator. A complaint should be filed as soon as possible. If either the complainant or the respondent is a student, the incident will be addressed through the Title IX process. The report can be made in person, by phone, mail, or email using the contact information listed for the Title IX Coordinator or by any other means that results in the Coordinator receiving the report.  The report can be made any time, even during non-business hours.

After receiving a report or notice of an incident, the Title IX Coordinator will promptly contact the complainant confidentially to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. A complainant’s wishes with respect to whether the NICC investigates should be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable in light of the known circumstances.

NICC will promptly take necessary steps to protect the complainant and ensure safety as necessary, including taking interim steps before the final outcome of any investigation once a report or knowledge of sex discrimination or sexual harassment has occurred. Periodic updates on the status of the investigation will be provided to the complainant. If the school determines that the sexual violence occurred, NICC will continue to take these steps to protect the complainant and ensure his or her safety, as necessary. NICC will provide the complainant with any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, legal assistance, and assistance in reporting a crime to local law enforcement.

Written Notice of Complaint

Upon receipt of a formal complaint, NICC will provide written notice to all known parties in sufficient time to give the respondent time to prepare a response before an initial interview.  Written notice includes:

  1. Notice of the grievance process, including any informal resolution process;
  2. Notice of the allegations, including sufficient detail (i.e., names of known parties, the conduct alleged to be sexual harassment, and the date and location of the conduct, if known) to allow the respondent to prepare a response;
  3. A statement that the respondent is presumed not responsible for the conduct and that responsibility will be determined at the conclusion of the grievance process;
  4. Notice of the parties’ right to have an advisor (who may be, but is not required to be, an attorney) and to inspect and review evidence; and
  5. Notice that knowingly making false statements or providing false information in the grievance process is a violation of the code of conduct and subject to disciplinary action.

Investigation

The Title IX Coordinator will make a determination to begin a formal investigation of sex discrimination or a sexual harassment incident which will lead to an institutional action. The coordinator will be available to explain to both parties the process and to notify in writing of the receipt of a complaint and the actions NICC will take. The burden of gathering evidence and burden of proof must remain on NICC, not on the parties. 

An investigation will be conducted by a NICC Title IX official. This investigation will include:

  • Meeting personally with the complainant, (unless extraordinary circumstances prevent a personal meeting),
  • Meeting personally with the respondent, (unless extraordinary circumstances prevent a personal meeting),
  • Presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made,
  • Collecting any physical evidence,
  • Meeting personally with any witnesses, (unless extraordinary circumstances prevent a personal meeting with one or more witnesses), and
  • Reviewing any documentary evidence.

The investigation of complaints will be adequate, reliable and impartial. The investigation process can take up to 60 days. When investigating a complaint and throughout the complaint  process, NICC must:  (1) ensure that the burden of proof and of gathering evidence rests on NICC rather than the parties; (2) provide an equal opportunity for the parties to present witnesses and evidence (3) not restrict either party’s ability to discuss the allegations or gather and present evidence; (4) provide the parties with the same opportunities to have others present during interviews or related proceedings, including an advisor; (5) provide, to a party who is invited or expected to attend, written notice of the date, time, participants, purpose, and location of any investigative interview, hearing or other meeting with enough time to allow the party to prepare and participate; (6) provide both parties and their advisors an equal opportunity to review all evidence directly related to the allegations in the formal complaint (both exculpatory and inculpatory) at least 10 days prior to the completion of the final investigation; and (7) prepare a written investigation report that fairly summarizes the relevant evidence and provide the report to both parties and their advisors for review and written response at least 10 days before a hearing or determination of responsibility. NICC will determine if a Title IX hearing is necessary.

If it is determined that NICC will proceed with a hearing, the complainant and the respondent will be notified in writing of the hearing date.

Mandatory or Permissive Dismissal

Mandatory Dismissal must occur when determined in the course of the investigation that allegation in a formal complaint: (1) does not impact anyone who currently participates with NICC’s program(s) or activities; (2) did not constitute sexual harassment as defined; and (3) did not occur against a person within the US. Both parties must receive written notice of a mandatory dismissal and reasons.

Permissive Dismissal may occur at any time during the investigation or hearing when: (1) a complainant notifies the Title IX Coordinator in writing that they would like to withdraw; or (2) the respondent is no longer enrolled or employed by NICC; or (3) specific circumstances prevent NICC from gathering evidence sufficient to reach a determination.  Both parties must receive written notice of a permissive dismissal and reasons.

NICC may still address allegations of misconduct under the Student Code of Conduct.

Institutional Action

  1. Mediation is a method of informal resolution. Informal resolutions are prohibited unless a formal complaint of sexual harassment is filed. Mediationmay include conflict resolution or a restorative agreement between the parties with a trained Title IX Officer presiding over the mediation.  Participation in mediation is not mandatory, but will only take place with the consent of both parties involved. Mediation may only be used:
  1. Prior to a Notice of hearing being issued;
  2. When a trained Title IX Officer determines this is a suitable option for resolving the concern, and both the Complainant and Respondent agree to use the process;
  3. When the complaint does not involve sexual violence as defined in the Title IX Policy.
  4. When both parties acknowledge receipt of written notice of their rights under this policy and both parties provide written, voluntary consent.
  5. Mediation is not available when the complaint alleges a NICC employee harassed a student.

Because the outcomes of voluntary resolution conversations are mutually developed and agreed upon by parties involved, an appeal of the process and its result is not permitted. However, either the Complainant or the Respondent may terminate mediation at any time prior to the entry of a voluntary resolution and proceed with the Title IX hearing. If the parties are unable to agree on a voluntary resolution, the matter will be referred by the Title IX Coordinator to a Title IX Hearing.  No offers to resolve the conflict that were made or discussed during the informal voluntary resolution process may be introduced during the Title IX Hearing.

  1. Title IX Hearing

The Title IX Coordinator will determine if a hearing is necessary; mediation is never appropriate in sexual violence cases. If it is determined that NICC will proceed with a hearing, the complainant and the respondent will be notified in writing of the hearing date, the alleged policy violation and issued a notice to appear at the hearing. The written notice will be hand delivered directly to the student(s) or mailed to the local address as filed in the student information system (Empower). Students are responsible for providing and maintaining a current local address in Empower. 

The hearing members shall include at least one trauma trained individual in sex discrimination or sexual harassment adjudication to include a trained Title IX Officer as the hearing officer and three members of faculty and staff as hearing members. The selection of the hearing members will be made by the Title IX Coordinator. Criteria for the hearing committee will include: 1) have received all appropriate training, 2) not a current instructor of either party involved, 3) have no previous substantive or direct knowledge of the incident, and 4) have no other perceived conflict of interest as determined by interview process with the Title IX Coordinator. 

Description of the duties of the Title IX Hearing Members will include but not limited to the following:

  • Read and understand the Title IX Policy and Procedures, which include the hearing process.
  • Read and understand all of the information of the Title IX case provided by the Coordinator prior to the hearing as part of a hearing packet.
  • Read and understand the procedures of the Title IX hearing provided by the Coordinator prior to the hearing as part of a hearing packet.
  • Have a clear understanding of the incident in question before going into deliberations for a decision.
  • Decide the outcome (majority vote) and sanctions if needed based on the information presented, hearing notes, and the NICC Title IX Policy.
  • Provide copies of notes, if made, to the hearing officer. The hearing officer will inform the parties of the decision at the hearing and send a letter as described in this policy.

Complainant’s Rights:

  • Be given a written explanation of the allegations and the hearing process;
  • Have access to evidentiary material in advance of the hearing;
  • Be present during the entire hearing;
  • Be accompanied by an advisor during the hearing. The advisor is limited to advising the student and may not present the case, or make statements during the proceedings. Students must provide NICC with the name and contact information for the student’s advisor as soon as practical but at least three (3) days prior to the hearing (if the advisor is an attorney, NICC’s attorney will also be present for the hearing);
  • Be given a timely hearing;
  • Exclude evidence of the victim’s past sexual history from discussion during the hearing. The past sexual history of the victim with persons other than the respondent shall be presumed irrelevant; 
  • Clarifying that evidence of a prior consensual dating or sexual relationship between the parties by itself does not imply consent or preclude a finding of sexual harassment;
  • Written notification of the outcome of the hearing including any sanctions; remedies/accommodations for the complainant; additional remedies for the school community;
  • Written notification of any external counseling services that may be available;
  • Written notification of options for changing academic, living, transportation, and work site situations if reasonable;
  • Written notification of an avenue for appeal.

Respondent’s Rights:

  • Be given written notice of the allegations and the hearing process ;
  • Have access to evidentiary material in advance of the hearing;
  • Be present during the entire hearing;
  • Have no violation presumed until found responsible;
  • Be given a timely hearing;
  • Be accompanied by an advisor during the hearing. The advisor is limited to advising the student and may not present the case, or make statements during the proceedings. Students must provide NICC with the name and contact information for the student’s advisor as soon as practical but at least three (3) days prior to the hearing (if the advisor is an attorney, NICC’s attorney will also be present for the hearing);
  • Written notification of the outcome of the hearing including any sanctions; remedies/accommodations for the complainant; additional remedies for the school community;
  • Written notification of  any external counseling services that may be available;
  • Written notification of options for changing academic, living, transportation, and work site situations, if reasonable;
  • Written notification of an avenue for appeal.

The hearing will include opening statements, each party’s evidence and witnesses, and closing statements. Students are permitted to be present during the disciplinary hearing (except during deliberations of the panel). Students are permitted to make statements, present witnesses and present evidence during the hearing which has been previously collected and approved during the investigation process. Witnesses and evidence need to be directly related to the incident. The standard of proof used in NICC Title IX Hearings is the preponderance of the evidence, which means the determination to be made, is whether it is more likely than not a violation occurred. This is significantly different than proof beyond a reasonable doubt, which is required for a criminal prosecution. In-person hearings are preferred, but videoconference hearings may be conducted if the hearing officer determines that the health, safety and welfare of all participants is better served by the alternate meeting mode.

Outcome

If it is determined under the preponderance of evidence standard (more likely than not to have occurred) that the respondent is not responsible for a Sex Discrimination or Sexual Harassment policy violation the complaint will be dismissed.

If it is determined under the preponderance of evidence standard (more likely than not to have occurred) that the respondent is responsible for a Sexual Harassment policy violation the following sanctions will be considered. The listing of sanctions below is not intended to be exclusive; in addition, sanctions may be imposed singularly or in combination when a violation of this policy is found.

Sexual Discrimination (includes gender discrimination) may include the following sanctions of the student(s) found responsible.

  • Restriction – A limitation on a student’s privileges for a period of time and may include but not be limited to the denial of the use of facilities or access to parts of campus, denial of the right to represent NICC, or denial of participation in extracurricular activities.
  • Service Project – Community service or an education class or project beneficial to the individual and campus or community.
  • Probation Level I – A specified period of time during which the student is placed on formal notice that he/she is not in good social standing with NICC and that further violations of regulations will subject him/her to suspension or expulsion from the NICC.
  • Suspension – If warranted by the severity of the incident, exclusion from enrollment in classes and other privileges or activities for a definite period of time not to exceed three years and until the conditions which are set forth in the hearing outcome letter are met.  Students who are suspended from NICC are not permitted on campus or in campus buildings, facilities or activities at any time for any reason during the period of suspension, unless otherwise directed by the Dean of Student Affairs. Conditions to conclude a suspension and reinstatement process will be stated in the written notification.  Notation on the transcript is not made; however, a permanent record of the action is maintained in the student’s record. Any refund of tuition or fees will be subject to NICC's normal withdrawal policy.
  • Expulsion – Termination of student status for an indefinite period. The conditions for readmission, if any, shall be stated in the hearing outcome letter. Notation on the transcript is not made; however, a permanent record of the action is maintained in the student’s record. Any refund of tuition or fees will be subject to NICC's normal withdrawal policy. Expulsion should be reserved and used only in cases involving the most severe instances of misconduct.

Sexual Harassment may include the following sanctions on the student(s) found responsible.

  • Restriction – A limitation on a student’s privileges for a period of time and may include but not be limited to the denial of the use of facilities or access to parts of campus, denial of the right to represent NICC.
  • Service Project – Community service or an education class or project beneficial to the individual and campus or community.
  • Behavioral Change Requirement – Required activities including but not limited to, seeking academic counseling, substance abuse assessment, decision making class, writing a reflection paper, etc.
  • Probation Level II – Adds to Level I the stipulation that students are prohibited from participating in any extracurricular activities not directly associated with academics (e.g., intramural sports, attending athletic events, student organizations/clubs/associations, leadership positions within housing or other organizations). Students must apply to get off Conduct Probation Level II by submitting documentation of their significant proactive efforts to become good citizens of the community and engage in responsible, productive behavior.
  • Suspension – If warranted by the severity of the incident, exclusion from enrollment in classes and other privileges or activities for a definite period of time not to exceed three years and until the conditions which are set forth in the hearing outcome letter are met. Students who are suspended from NICC are not permitted on campus or in campus buildings, facilities or activities at any time for any reason during the period of suspension, unless otherwise directed by the Dean of Student Affairs. Conditions to conclude a suspension and reinstatement process will be stated in the written notification. Notation on the transcript is not made; however, a permanent record of the action is maintained in the student’s record. Any refund of tuition or fees will be subject to NICC's normal withdrawal policy.
  • Expulsion – Termination of student status for an indefinite period. The conditions for readmission, if any, shall be stated in the hearing outcome letter. Notation on the transcript is not made; however, a permanent record of the action is maintained in the student’s record. Any refund of tuition or fees will be subject to NICC's normal withdrawal policy. Expulsion should be reserved and used only in cases involving the most severe instances of misconduct.

Sexual Violence may include the following sanction on the student(s) found responsible.

  • Expulsion – Termination of student status for an indefinite period. The conditions for readmission, if any, shall be stated in the hearing outcome letter. Notation on the transcript is not made; however, a permanent record of the action is maintained in the student’s record. Any refund of tuition or fees will be subject to NICC's normal withdrawal policy. Expulsion should be reserved and used only in cases involving the most severe instances of misconduct.

Both parties will be notified of the outcome in writing by certified mail or other agreed upon form of notice within five business days after the hearing at the same time. Both parties have the right to appeal the decision reached through the hearing proceedings within five days after the hearing.

Appeal Procedures

An appeal is not a new hearing, but is a review of the record of the original hearing. It serves as a procedural safeguard for the student. The burden of proof shifts from NICC to the student(s) found responsible for the policy violation. The student must show one or more of the listed grounds for an appeal.

  1. Appeals must be submitted in writing to the President within five (5) working/school days of receiving the decision. Failure to file an appeal within the prescribed time constitutes a waiver of any right to an appeal.
  1. The appeal must cite at least one of the following criteria as the reason for appeal and include supporting argument(s):
    1. The original hearing was not conducted in conformity with prescribed procedures and substantial prejudice to the complainant or the respondent resulted.
    2. The evidence presented at the previous hearing was not “sufficient” to justify a decision against the student or group.
    3. New evidence which could have substantially affected the outcome of the hearing has been discovered since the hearing. The evidence must not have been available at the time of the original hearing. Failure to present information that was available is not grounds for an appeal.
    4. The sanction is not appropriate for the violation. This provision is intended to be utilized when a determined sanction is inherently inconsistent with NICC procedures or precedent. Simple dissatisfaction with a sanction is not grounds for overturning a sanction under this provision.
  1. The President will review the record of the original hearing, including documentary evidence. It is the President’s discretion to convert any sanction imposed to a lesser sanction, to rescind any previous sanction, or to return a recommended sanction to the original hearing committee for review/or reconsideration. If there is new evidence (unavailable at the time of the hearing through no fault of the parties) which is believed to substantially affect the outcome, or evidence presented at the previous hearing(s) was “insufficient” to justify a decision against the student or group, or a finding that a substantial procedural error resulting in prejudice occurred, the matter may be remanded to either a rehearing of the entire matter or reconsideration of specific issues. If remanded to the original hearing committee, either or both students may appeal the committee’s decision to the President and the procedures set out above shall control the appeal.
  1. The final decision will be communicated in writing by the President to the appealing student(s). The decision will be communicated within ten (10) working/school days of receiving the written recommendation. Both parties will be notified of the final outcome of the appeal.
  1. The decision of the President on appeal shall be final.

NICC Officers and Designees

The designation of a NICC official responsible for prescribed actions shall automatically include the official’s designee in instances where an official is unable, unavailable or has concluded that the official may have a conflict of interest that causes the official to recuse from involvement in the matter. The official’s designee shall have the same authority as the official in matters involving this policy.

Recordkeeping Protocol

NICC will document all reports and complaints of sex discrimination and provide copies of those reports to the Title IX Coordinator. NICC Title IX Office will maintain a secured electronic file system of all Title IX cases, reports, and complaints by academic year. The cases will include all information related to the individual case, which includes but is not limited to the initial complaint, letters sent to all parties, response from the respondent, immediate assistance, investigation notes, mediation agreement if applicable, notice of a hearing, committee selection, hearing notes, hearing decision, written notice of the outcome, and any recordings made of the hearing or in the course of the investigation. The time period to maintain the case records will be no less than seven (7) years from the date of NICC’s final action or decision (whether through report of the investigation, mediation, or hearing). The confidential reporting of the number of incidents and types will be sent to the Title IX Team for the preparation of the Annual Security Report.

Prevention and Education

Education

NICC requires all employees to take the following educational- training courses on an annual basis. Employees may be required to be recertified on demand. Failure to have a certification of this required training may result in appropriate disciplinary action. Additional in-person trainings are also offered periodically and on request. 

  1. Bystander Intervention

If you witness a policy violation, or behaviors that may lead to a policy violation, there are a variety of things you can do as a bystander:

  • Divert the intended victim (e.g. “help me out of here; I don’t feel well”)
  • Distract the perpetrator (e.g. “looks like your car is being towed”)
  • Delegate to a person of authority (e.g. if at a nightclub let the bartender/bouncer know of the situation)
  • Direct, confront the perpetrator (e.g. “don’t speak to him/her in that manner; you are going to get yourself into trouble”)
  1. Risk Reduction Tips

Risk reduction tips can often take a victim-blaming tone, even unintentionally. With no intention to blame victims, and with recognition that only those who commit sexual violence are responsible for those actions, these suggestions may nevertheless help you reduce your risk of experiencing a non-consensual sexual act.

  • Make your limits known as early as possible.
  • Be aware of your alcohol intake. Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
  • Take care of your friends or colleagues and ask that they take care of you.
  1. Potential Aggressor

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you reduce your risk for being accused of sexual misconduct:

  • Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
  • Understand and respect personal boundaries.
  • DON’T MAKE ASSUMPTIONS about consent; about someone’s sexual availability; about whether they are attracted to you; about how far you can go; or about whether they are physically and/or mentally able to consent.
  • If there are any questions or ambiguity, then you DO NOT have consent.

Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better. You may be misreading them. You must respect the timeline for sexual behaviors with which they are comfortable.

  • Don’t take advantage of someone’s drunkenness or drugged state, even if they did it to themselves.
  • Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size.
  • Don’t abuse that power. Understand that consent to one form of sexual behavior does not automatically imply consent to other forms of sexual behavior.
  • Silence and passivity cannot be interpreted as an indication of consent.
  • Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language.

Training

Training Materials

Training on sexual misconduct: discrimination, harassment, and violence is included in NICC’s education program.

In-person training for student groups and students will be conducted through a variety of presentations, student orientation, and other meetings. In-person training for Active Bystander Intervention skills may include: On-going campus campaigns and information at a variety of events concerning the policy and appropriate behaviors, including Bystander Intervention. Informational website and brochures devoted to educating students will be presented at prevention workshops. When in-person training is neither practical nor safe, alternative modes of training shall be utilized.

Mandatory training for employees will be provided through in-person training on sexual misconduct: discrimination, harassment, and violence and mandatory reporting through new employee orientations and other periodic training opportunities and upon request. In-person training for Active Bystander Intervention skills may include: ongoing campus campaigns and information at a variety of events, concerning the policy and appropriate behaviors, including Bystander Intervention. Informational website and brochures devoted to educating employees.

Retaliation

The Federal civil rights laws, including Title IX, make it unlawful to retaliate against an individual for the purpose of interfering with any right or privilege secured by these laws. This means that if an individual brings concerns about possible civil rights problems to a school’s attention, including publicly opposing sexual harassment or filing a sexual harassment complaint with the school or any State or Federal agency, it is unlawful for the school to retaliate against that individual for doing so. It is also unlawful to retaliate against an individual because he or she testified, or participated in any manner, in an OCR or school’s investigation or proceeding. Therefore, if a student, parent, teacher, sponsor coach, or other individual complains formally or informally about sexual harassment or participates in an OCR or school’s investigation or proceedings related to sexual harassment, the school is prohibited from retaliating (including intimidating, threatening, coercing, or in any way discriminating against the individual) because of the individual’s complaint or participation. Individuals who, apart from official associations with NICC, engage in retaliatory activities will also be subject to NICC’s policies insofar as they are applicable to third party actions.

NICC will take steps to prevent retaliation against a student who filed a complaint either on his or her own behalf or on behalf of another student, or against those who provided information as witnesses. Complaints of retaliation will follow the same process of investigation, hearing, and appeal.

If it is determined under the preponderance of evidentiary standard (more likely than not to have occurred) that a student is responsible for retaliation the following sanction will be imposed.

  • Suspension – Exclusion from enrollment in classes and other privileges or activities for a definite period of time not to exceed three years and until the conditions which are set forth in the hearing outcome letter are met. Students who are suspended from NICC are not permitted on campus or in campus buildings, facilities or activities at any time for any reason during the period of suspension, unless otherwise directed by the Dean of Student Affairs. Conditions to conclude a suspension and reinstatement process will be stated in the written notification. Notation on the transcript is not made; however, a permanent record of the action is maintained in the student’s record. Any refund of tuition or fees will be subject to NICC's normal withdrawal policy.

Free Speech and Academic Freedom

Members of the NICC community enjoy significant free speech protections guaranteed by the First Amendment of the United States Constitution. This policy is intended to protect members of the NICC community from discrimination and is not designed to regulate protected speech. No provision of this policy shall be interpreted to prohibit conduct that is legitimately related to course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic or literary expression of students in classrooms and public forums. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state anti-discrimination laws.

Availability of other Complaint Procedures

In addition to seeking criminal charges through local law enforcement, members of the NICC community may also file complaints with the following entities regardless of whether they choose to file a complaint under this procedure:

Office for Civil Rights

400 Maryland Avenue, SW

Washington, D.C. 20202-1100

Customer Service Hotline: (800) 421-3481

Email:  OCR@ed.gov

 

Office of Civil Rights:

Kansas City Field Office: OCR.KansasCity@ed.gov, (816) 268-0550;

Washington D.C.: OCR@ed.gov 1-800-421-3481

 

Equal Employment Opportunity Commission:

Oklahoma City Field Office: 1-800-669-4000;

Washington D.C.: 1-800-669-4000, Eeoc.gov/contact/

 

Student Responsibilities

Students are bound by all rules, regulations, and processes of the College Catalog effective during their term of enrollment. Students should read the NICC College Catalog carefully, as it is their primary source of information on requirements and regulations. The College will not waive a regulation because a student pleads ignorance of it. This College Catalog should be retained as a permanent record for reference, transfer, and graduation information.

● Students are responsible for their own learning and development by becoming active learners through attending class, completing class and laboratory assignments, and preparing in advance for their scheduled classes.
● The final responsibility for planning courses, meeting requirements, and observing regulations lies with the student. It is the students' responsibility to know and observe all policies and procedures for their programs.
● Students should assume responsibility for their own verbal and non-verbal communications, writings, and behavior.
● Students shall maintain confidentiality when appropriate and indicated.
● Students are responsible for appropriate use of services provided by the College.
● Students are responsible to uphold the College's academic honesty policy.
● Nebraska Indian Community College students are expected to abide by local, tribal, and applicable state and federal laws, as well as college regulations.

Members of the student body will engage in reasonable behavior that promotes unity and ensures quality education to be the final result. The following are among the responsibilities recognized as incumbent upon every student:

Student Code of Conduct

NICC expects its students to abide by local, tribal, state, federal laws, and college regulations. The college will not tolerate unlawful behavior, which infringes upon or denies the rights and freedoms of others, or disruptive acts, which affect either the academic or the civil operation of the college. NICC standards of conduct clearly prohibit the unlawful possession, use, or distribution of illicit drugs and the possession, use or sale of alcohol by students on its property or as part of any of its officially recognized activities. If a student becomes disruptive and refuses to leave when asked, law enforcement officials will be contacted. Any student who fails to observe these laws and regulations may be denied the services of the college through due process.

Honesty Policy

The act of cheating, academic fraud, or plagiarism will not be tolerated at the Nebraska Indian Community College. Academic fraud is creating false documents, altering existing documents, or forging official signatures or credentials for academic purposes.

Technology Use Policy

PURPOSE & DISCLAIMER
● NICC computer systems are provided for use by students, faculty, staff, and library users for the purpose of furthering the educational mission of the College, this includes coursework, college-related educational endeavors, and business operations.
● The Internet is an immense global network, which is currently unregulated. It provides a wealth of materials that may be enriching to individuals. It also allows access to material that may be offensive or illegal. Patrons are encouraged to evaluate Internet sources carefully. NICC, the Santee Tribal Library, and the Omaha Tribal Library are not responsible for the material patrons’ access through the Internet. Patrons assume all responsibility for material accessed or copied from the Internet
● The College cannot assure that data or files downloaded by users are virus-free. The College is not responsible for damages to equipment or data on a user's personal computer from the use of data downloaded from the College’s Internet service.
● Computer use in the library is offered in 30-minute sessions on a first-come, first-served basis; each user is allowed one session--if there is no user waiting for the service at the end of a session, the user can have another session, but once having had the service for 30 minutes the user must abandon use of the Internet if another user requests use of the service.
● Copyright laws apply to Internet material, just as they apply to other information in the College. It is the patron’s responsibility to comply with copyright laws.

POLICIES
● Patrons will be asked to sign a log-in sheet for computer use
● Library staff will provide workshops on Internet use and research techniques for students, faculty and staff of the college as well as the general public
● PRINTING: must get permission from library staff before printing.
● Absolutely no food or drinks are allowed by any computers. If you are asked to remove these items and do not comply, you will be asked to leave.

Acts of misconduct which will be the cause for disciplinary action up to and including discharge, as well as possible legal and/or civil action:
● Users will not access materials that are inappropriate. This includes information of a sexual or graphic nature. If users are found using the Internet for this type of material, they will be asked to leave.
● Users will respect and uphold copyright laws and all other applicable laws and regulations; they will not use it for illegal purposes.
● Users will respect the rights and privacy of others by not accessing private files
● Users agree not to incur any costs for the college through their use of the Internet service
● Users shall not create and/or distribute computer viruses over the Internet
● Users shall not deliberately or willfully cause damage to computer equipment, programs, or parameters
● Users shall not make, distribute, or use unauthorized copies of licensed software;
● Unauthorized copying of anything that is licensed or protected by copyright. This includes, but is not limited to any software (including operating systems, programs, applications, databases, or code), multimedia files (including music, movies, or audio), or text files is prohibited.
● Inappropriate or misuse of email is not allowed. This involves sending unsolicited email (including junk mail, jokes, or chain letters) to users of the College’s email system that is of a non-business nature.
● Sharing of assigned logins with anyone else for any reason. Unauthorized use of another person’s login or attempting to do so. Unauthorized use of a generic login outside of the context for which that login was created. Each student/employee will be responsible for all activities under his/her assigned login.
● On-line games are not allowed to be played on the computers

AUTHORITY

The Information Technology Department may access other's files for the maintenance of networks, computers and storage systems. Data, information, & files stored in electronic form on college owned equipment and/or transmitted across college owned networks is the property of Nebraska Indian Community College, and no right to privacy can be assumed. Information Technology staff may also routinely monitor and log usage data, such as network connection times, CPU and disk utilization for each user, security audit trails, and network loading. Data collected may be reviewed and further investigated should evidence of violation of policy or law occur. If necessary, staff may monitor the activities and files of specific users on the college computers and networks. Any staff member who believes such monitoring is necessary should discuss the problem and strategy for investigation with the Chief Information Officer.

Any student who violates the policies set forth in this document is subject to disciplinary action as defined in the College Handbook. Faculty and staff who violate these policies are subject to disciplinary action as defined in the Employee Handbook. All violators may be subject to arrest according to local, state and federal law.

SUMMARY OF CIVIL AND CRIMINAL PENALITIES FOR VIOLATION OF FEDERAL COPYRIGHT LAWS
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorney's' fees. For details, see Title 17, United States Code, Sections 504, 505.  Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

Plagiarism

Plagiarism is a special kind of cheating which often is poorly understood. It is defined as the conscious presentation of someone else’s ideas, words, or material as one’s own, without properly indicating by footnote or some other appropriate form of citation the source or origin of the material. Other author’s ideas, interpretations, and words are their personal and legal property. In the event that one wishes to use such material, one is required to give full credit to the original source. This also includes material that is paraphrased from another source or person. Plagiarism may be avoided by acknowledging, through some standard procedure, the sources for the ideas and interpretations as well as quoted phrases, sentences, or paragraphs. No matter the source of material used, whether quoted or paraphrased, acknowledgment of the source is required. Failure to give credit is plagiarism. The college reserves the right to place a student on academic probation and/or suspension if an instructor is able to sufficiently prove to the Academic Dean or the President that an incident has occurred. The instructor will submit a report to the students’ personal academic file. Appeals of such actions must be submitted following academic appeals process.

Student Records Management

One of the most valuable items that many people pursue in life is an education. A higher education can open doors to different aspects of the world. While the benefits are many, some responsibilities are also implied. Many items need to be filed in a secure location throughout your educational and professional life, such as course syllabi, financial aid papers, bills, registration materials, etc. A brief outline of some of the most important documents every learner should save follows.

Catalog – The catalog that you are admitted under is vitally important. You can find it at http://www.thenicc.edu/images/pdfs/2018-2019-NICC-CATALOG-FINAL.pdf. It contains the policies, procedures, and degree requirements that were in place when you registered. As long as you remain enrolled and you do not change your major, the catalog that you initially enrolled with is your contract with the institution.
Registration materials – Registration materials, such as copies of your registration form and declaration of major, should be saved for your personal records. These records may be valuable to find your correct rooms and classes, information on what courses you should take, and information to formulate your correct billing statement.
Financial Aid materials – All of your financial aid materials should be retained, including copies of your Free Application for Student Aid, Student Aid Reports, Award letters, your official PIN, loan documents from other institutions, and other documents. These documents are important because you can use them to determine how much financial aid you will be able to receive, the amount of your scholarships, and possible complications that can be foreseen and corrected.
Course information – Copies of all course information should be kept such as the course syllabi, handouts and research papers/final projects. This information should be kept because things like your papers and handouts may be utilized at a later date for information. The course syllabi are especially important if you plan on transferring your credits to a different institution. The institution you are transferring to may require you to present the syllabi for specific courses to determine what knowledge was gained.

Incident Reports

Students who are observed violating college policies and regulations by a college employee will receive an incident report. The student will be told verbally at the time of the observed violation that an Incident Report will be issued. The report will be signed by the witnessing college employee. The signed Incident Report will be turned in to the Academic Dean within one business day of the alleged violation for review. The Academic Dean will take actions deemed appropriate to the incident, which may include academic probation or suspension. These incident reports will be kept in the student’s permanent file.

Grievances

Nebraska Indian Community College students, staff, faculty, and administration have certain rights that must be respected. If any party feels that their rights have been violated, a process has been established by which the alleged wrongful act be addressed.

GRIEVANCE PROCEDURE 

Informal Resolution: Any dispute or disagreement not involving academic grades, rights or decisions is eligible for the grievance procedure. Often these disputes are simple misunderstandings that can be cleared up with an informal meeting. If any party involved is not satisfied with the resolution reached at this meeting or feels too uncomfortable to meet with the other party, a grievance form should be filed.

  1. Grievance Action: Every feasible informal means of resolution should be attempted prior to the filing of a grievance form. The grievance form can be acquired from the Advisor or Academic Dean and should be submitted to the Academic Dean.
  2. Academic Dean Review: The completed grievance form should be filed with the Academic Dean within ten (10) calendar days after meeting with the instructor or Academic Dean in the informal resolution step. The appeal must include the following items: 
    • Name, address, email, and phone number of the person filing the grievance.
    • Explanation of the efforts the student has made to resolve the appeal informally. 
    • Nature of the grievance in full detail. 
    • Place, date, and time of alleged incident. 
    • Name of the person(s) accused of the violation.
    • Requested remedy. 
    • Any background information or documentation the student filing the grievances believes to be relevant. 
      • The Academic Dean will provide written response to the applicant within ten (10) working days of the date of submission. If the Academic Dean is unable to obtain a resolution of the grievance, it proceeds to step 3.
  3. Grievance Committee Review: Within ten (10) working days of the Academic Dean’s response, a grievance committee meeting will be called. The grievance committee will include minimally, an administrator, a faculty member, and a Student Senate representative, all of whom are not reflected as a party of the grievance. The Academic Dean will attend to present the findings. The Committee will meet and review the appeal and all documentation at this meeting with both parties of the grievance and their advocates. The committee may also meet privately to discuss information presented. Written finding will be issued within three (3) working days of the Committee meeting. If any party remains dissatisfied with the resolution obtained by the committee they may proceed to the next step.
  4. President Review: Within three (3) working days of receipt of the grievance committee’s findings, any party may request a review by the President. After reviewing the request and all documentation, the President will issue a decision within ten (10) working days of receipt of the request for appeal. If any party remains dissatisfied with the resolution obtained by the President, they may proceed to the final step.

 

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Quote of the Day

Even the seasons form a great circle in their changing, and always come back again to where they were. The life of a man is a circle from childhood to childhood, and so it is in everything where power moves. – Black Elk