MCC Police Annual Security Report

The Metropolitan Community College Police Department (hereinafter referred to as MCC Police) was established in October 2010 in response to a national trend of public postsecondary schools having dedicated law enforcement agencies, providing a quicker response time to incidents and offering college-specific services. MCC Police has the primary jurisdiction and responsibility to investigate crimes and provide police services for MCC locations within the four-county service area. Police officers are located at the Elkhorn Valley, Fort Omaha and South Omaha campuses, as well as other MCC centers as needed.

MCC Police is recognized by the Nebraska Commission of Law Enforcement and Criminal Justice as a law enforcement agency; therefore, police officers are commissioned and certified as Nebraska law enforcement officers. Additionally, the governor of the state of Nebraska appoints MCC Police law enforcement officers as Special Deputy State Sheriffs to exercise extraterritorial law enforcement authority, including arrest and enforcement under the laws of this state, in any city and county where MCC properties are located.

Authority expands statewide for offenses originating on MCC properties. All commissioned law enforcement staff receive annual state-mandated training and continuing education.

Every month MCC Police provides its Uniform Crime Report to the Nebraska Crime Commission as required for the inclusion of crime statistics published by the Federal Bureau of Investigation.

The department also employs public safety officers (PSOs) whose primary purpose is to provide security. PSOs are not armed and do not have arrest powers (noncommissioned); however, they undergo training in security, life safety and handling situations in which they may be called to respond.

The mission of the MCC Police is to provide a safe environment for students, faculty and staff that enhances the educational mission of MCC. Prevention of crime is a priority at all MCC educational sites. MCC Police is available 24 hours a day, seven days per week, including holidays.

In cases where incidents occur, it is imperative that all students, faculty, staff and visitors report crime, suspicious activity or emergencies to MCC Police as soon as possible. Because MCC Police reports are public records under state law, MCC cannot hold reports of crime in confidence.

MCC Police can be reached by calling 531-622-2222.

MCC Police has overall responsibility for the preparation and distribution of the Annual Security Report (ASR), which is reviewed and updated annually as one cohesive document per the requirements of the federal law known as the Clery Act, outlined below. To ensure the ASR is accurate and comprehensive, MCC Police uses its records and sends out formal requests for crime statistics and other necessary information to campus security authorities and any law enforcement agencies that have jurisdiction over noncampus property. While statistical requests are made, outside agencies are not required to provide crime statistics, so not all do. Some data is provided in a manner that does not give adequate information for a statistical determination; all viable statistics that are provided are included in the crime numbers offered later in this report. The data is compiled and reviewed to ensure that no duplication occurs and incidents are appropriately categorized.

MCC Police maintains all records concerning the completion of the ASR (crime reports, daily incident summaries, referrals for disciplinary action and copies of timely warnings). The ASR is completed and posted by Oct. 1 of each year. Visit mccneb.edu/Police to access the ASR and other crime prevention, safety and reporting information. MCC Police also is responsible for uploading the applicable three-year statistics regarding crimes, as found in the ASR. Visit ope.ed.gov/CampusSafety/# to view applicable three-year crime statistics on the Department of Education website. Click on “Get Data for One School” and search for “Metropolitan Community College Area” by Oct. 1 of each year.

The College understands the importance of the information provided in its ASR and ensures that its existence and location are adequately publicized. A paper copy will be provided upon request. A mass email is sent to all students and employees each September to notify them that the newest version of the ASR is available and to provide the specific website address where the report can be accessed. Prospective students are notified of the report via a link on the students’ webpage; prospective employees are notified through a statement on the Human Resources application website.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law, originally known as the Campus Security Act, which requires colleges and universities across the United States to disclose information about crime on and around their campuses. The “Clery Act” is named in memory of 19-year-old Lehigh University freshman Jeanne Ann Clery, who was sexually assaulted and murdered while asleep in her residence hall room on April 5, 1986. The law is linked to an institution’s participation in federal student financial aid programs, and it applies to most higher education institutions, both public and private. The Clery Act is enforced by the United States Department of Education.

Among other requirements, the Clery Act mandates that colleges and universities:

Publish an Annual Security Report by Oct. 1 of each year, documenting three calendar years of select campus crime statistics, including security policies and procedures as well as information on the basic rights guaranteed to victims of sexual assault, domestic violence, dating violence and stalking. The law requires that schools make the report available to all current students and employees, and prospective students and employees must be notified of its existence and given a copy upon request. Schools may comply with this requirement via the internet if required recipients are notified and provided exact information regarding the online location of the report.

Institutions with a police or security department are required to maintain a public crime log documenting the “nature, date, time and general location of each crime” and its disposition, if known.

Incidents must be entered into the log within two business days. The log must be accessible to the public during regular business hours, remain open for 60 days and subsequently be made available within two business days upon request.

Crime statistics for incidents that occur on campus must be disclosed and provided to the U.S. Department of Education in unobstructed public areas immediately adjacent to or running through the campus, and at certain noncampus facilities. The statistics must be gathered from campus police or security, local law enforcement and other school officials (campus security authorities) who have “significant responsibility for student and campus activities.” The Clery Act requires a reporting of the following crimes and law violations:

The Clery Act requires reporting of the following crimes and law violations:

In the event that a situation arises either on or off campus that in the judgment of the MCC Police chief constitutes an ongoing or continuing threat, a timely campus warning will be issued.

Notifications are made by broadcasting an emergency alert message through the following methods of communication:

• MCC homepage
• MCC students via MCC student email
• MCC staff via MCC employee email
• Digital signage on television monitors in commons areas
• Text messaging — students and employees can enroll through the College’s “Canvas/Student Links” (students) and “UNITY” (employees) portals at no charge (provider fees may apply)
• Alertus emergency alert beacons

Generally speaking, a campus is defined as "any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of or in a manner related to the institution’s educational purposes, including residence halls and any building or property that is within or reasonably contiguous to paragraph (1) of this definition, which is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as a food or other retail vendor)." (34 CFR 668.46(a))

An emergency is defined as any sudden, urgent, usually unexpected occurrence or occasion requiring immediate action.

Upon the report of any potential emergency on campus, MCC Police staff will immediately respond to the location of the reported incident and immediately make an assessment and determination of the nature and scope of the event. In the event that the officer on scene determines that there is a potential and/or imminent threat to the safety of any student, faculty member, staff or visitor, the officer will initiate the emergency notification system. The notification will be made according to established procedures, which ensure mitigation of the event and the simultaneous containment of the situation. Persons in affected areas will immediately be notified by text message and given specific instructions on what to do to ensure their safety. This will also be communicated via the Alertus brand emergency beacon system, email, digital signage or other communication means.

MCC Police staff has the responsibility to ensure that regular testing of the emergency alert system is conducted on a prescribed schedule. Besides the annual general testing that is done, periodic testing at random locations is conducted to determine if equipment is working properly and that there are no impediments to the audio or video messages. Along with the testing procedure, the administration and MCC Police staff may conduct simulated exercises of emergency situations. The planning of these exercises considers all factors in order to ensure that they can be accomplished with the least amount of interference with the learning environment.

If it is determined that such training exercise(s) affect those outside of the college environment and campus, the MCC Police chief will ensure that notifications and coordinated arrangements are made.

In the event that it is determined that a campus event may affect the community and it is necessary to utilize the media as a communication channel, then the MCC Police chief or subordinate will ensure that proper contacts are made and the College’s press policy guidelines are followed.

The MCC Police chief and subordinate staff are responsible for ensuring the emergency notification policies are maintained and in total compliance.

As part of its ongoing emergency preparedness program, MCC Police conducts tests of the MCC Alert Emergency Notification System and tracks the success rates of issued alerts. The tests are focused on the text messaging and email capabilities of the system. In addition, the system allows for the tracking of results for each actual alert sent, and this information is reviewed for each incident. The data for alerts shows that the system has a notification success rate of 92% or better and that most failures are not a result of the system (i.e., those signing up entered their information incorrectly).

MCC Police also conducts annual tests of various evacuation procedures. The tests include tornado drills, as well as tabletop exercises or other procedures that relate to specific scenarios, such as active shooter response training.

Any tests will be announced as the College does not generally conduct unannounced tests. For all tests/drills, the pertinent staff in the applicable buildings are informed of the drill and required to explain the situation to those who will be affected by the drill (i.e., staff and students).

MCC policy prohibits the unlawful possession, use or distribution of illicit drugs and/or alcohol by students and employees on College property or as a part of any College activities. State and federal laws and any applicable city ordinances pertaining to the possession and use of alcoholic beverages and illicit drugs shall also be enforced.

Additionally, the MCC Police Department publishes the Drug-Free School and Community Act brochure annually. The Drug-Free School and Community Act brochure addresses Standards of Conduct; Legal Prohibitions and Sanctions; Health Risks of Drug and Alcohol Use; Disciplinary Actions; and Drug and Alcohol Services. Visit mccneb.edu/Police to access the brochure.

The illegal possession, use or sale of firearms, ammunition, fireworks, major or minor explosives or any lethal weapon are forbidden and subject to College discipline as well as criminal sanctions.

Any MCC student or employee who requests information about a suspected sex offender who is working or studying on campus should contact the Nebraska State Patrol (NSP), which keeps a list of registered sex offenders. The NSP Omaha phone number is 402-331-3333. Visit sor.nebraska.gov to access to NSP Sex Offender Registry website. sor.nebraska.gov.

The Violence Against Women Act (VAWA) is a landmark piece of legislation that sought to improve criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States. The passage of VAWA in 1994 and its reauthorization in 2000, 2005 and 2013 has changed the landscape for victims who once suffered in silence. Victims of domestic violence, dating violence, sexual assault and stalking have been able to access services, and a new generation of families and justice system professionals has come to understand that domestic violence, dating violence, sexual assault and stalking are crimes that our society will not tolerate.

Title IX

Title IX is a landmark 1972 federal civil rights law that prohibits sexual harassment, gender-based discrimination and sexual violence. Title IX provides that "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Under Title IX, Congress can withhold federal funds from colleges or universities that allow sexual discrimination or fail to respond appropriately in response to such discrimination. Although Title IX is best known for its mission to achieve gender equity in athletic programming, Title IX protections are much broader in scope. It applies to all forms of sexual discrimination, including sexual harassment, sexual misconduct and sexual violence. It also applies to all forms of gender-based harassment. Title IX recognizes three general types of prohibited discrimination: (1) disparate treatment, (2) disparate impact and (3) retaliation. Title IX applies equally to students, staff and faculty. It protects students and employees at educational institutions from sexual harassment by any school employee, student or nonemployee third party.

Metropolitan Community College prohibits and is committed to preventing the crimes of dating violence, domestic violence, sexual assault, stalking and other acts of sexual misconduct, sexual discrimination and harassment within the College community, as defined by the VAWA, Title IX, by Nebraska law and by College policy. These incidents may interfere with or limit an individual’s ability to benefit from or fully participate in the College’s educational programs. Additionally, these incidents may cause serious physical and/or psychological harm.

Definitions:

MCC has adopted the following definition of sexual harassment to address the unique environment of an academic community.

Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation and/or gender identity of those involved.

Sexual harassment, as an umbrella category, includes the actual or attempted offenses of sexual harassment, sexual assault, domestic violence, dating violence and stalking, and is defined as:

Conduct on the basis of sex or that is sexual that satisfies one or more of the following:

1. Quid Pro Quo:
   • An employee of MCC
   • Conditions the provision of an aid, benefit or service of MCC
   • On an individual’s participation in unwelcome sexual conduct
2. Sexual Harassment
   • Unwelcome conduct
   • Determined by a reasonable person
   • To be so severe and
   • Pervasive and
   • Objectively offensive
   • That it effectively denies a person equal access to MCC education programs or activities
3. Sexual Assault means an offense that meets the definition of rape, fondling, incest or statutory rape. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
   • Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
   • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of the victim’s age or because of the victim’s temporary or permanent mental incapacity.
   • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
   • Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.
4. Dating Violence, Defined as:
   • Violence
   • On the basis of sex
   • Committed by a person
   • Who is in or has been in a social relationship of a romantic or intimate nature with the Complainant
     • The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.
     • For the purposes of this definition:
       Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse
     • Dating violence does not include acts covered under the definition of domestic violence
5. Domestic Violence, Defined as:
   • Violence
   • On the basis of sex
   • Committed by a current or former spouse or intimate partner of the Complainant
   • By a person with whom the Complainant shares a child in common or
   • By a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner or
   • By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Nebraska or
   • By any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Nebraska

   *To categorize an incident as domestic violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship

6. Stalking, Defined as:
   • Engaging in a course of conduct
   • On the basis of sex
   • Directed at a specific person that
     • Would cause a reasonable person to fear for the person’s safety or
     • The safety of others or
     • Suffer substantial emotional distress

For the purposes of this definition:

• Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

*An action is “without that person’s consent” when it is inflicted upon a person who has not freely and actively given consent. “Consent” is an understandable exchange of affirmative actions or words which indicate an active, knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent is not freely given when it is in response to force or threat of force or when a person is incapacitated by the (voluntary or involuntary) use of drugs or alcohol, or when the person is otherwise physically helpless, and the person performing the act knows or should reasonably know that the other person is incapacitated or otherwise physically helpless. A person is not required to physically resist sexual conduct in order to show lack of consent. Past consent for sexual activity does not imply ongoing future consent.

Privacy and Confidentiality

Every effort is made by MCC to preserve the privacy of reports. MCC will not share the identity of any individual who has made a report or complaint of harassment or retaliation; any Complainant; any individual who has been reported to be the perpetrator of sexual harassment or retaliation; any Respondent; or any Witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing or grievance proceeding arising under MCC policies and procedures. MCC reserves the right to determine which MCC officials have a legitimate educational interest in being informed about incidents that fall within MCC policy, pursuant to FERPA. Only a small group of officials who need to know will typically be told about the complaint, including but not limited to: Student Intervention Team and MCC Police (when applicable).

Mandated Reporting

All MCC employees (faculty, staff and administrators) are expected to report actual or suspected sexual harassment or retaliation to appropriate officials immediately. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.

Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party. Complainants may want to carefully consider whether they share personally identifiable details with nonconfidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.

Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs, do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from MCC.

Confidential resources: If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with off-campus (nonemployees):

• Licensed professional counselors and other medical providers
• Local rape crisis counselors
• Domestic violence resources
• Local or state assistance agencies
• Clergy/chaplains
• Attorneys

All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics and/or professional credentials, except in extreme cases of immediacy of threat or danger, or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.

Community Support Services

Metropolitan Community College encourages students who are survivors of sexual assault and harassment to seek medical and counseling services.

Visit nebraskacoalition.org/Get_Help for resources available to persons who report being the victim of sexual assault, domestic violence, dating violence or stalking.

How to Report Sexual Misconduct

You are encouraged to report and may utilize any or all of the following options:

• Make a complaint to the MCC Title IX Coordinator. This begins an administrative process that could result in college-related sanctions. This is not a criminal process.
• For Students:
  Julie Langholdt, M.A.
  Dean of Student Advocacy and Accountability
  jlangholdt@mccneb.edu, 531-622-2202
• For Employees:
  Cynthia Gooch-Grayson, Ph.D.
  Associate vice president, Access, Opportunity and TRIO Programs
  ckgoochgrayson@mccneb.edu, 531-622-2649
• Missy Beber:
  Vice president of Human Resources
  mlbeber@mccneb.edu, 531-622-2236
• Make a report to the appropriate law enforcement agency. This could result in criminal action being taken, such as criminal charges.
• Engage with confidential support and advocacy services. If reporting parties wish that the details of an incident be kept confidential, they should speak with resources who can maintain confidentiality. This will not result in any criminal charges or college-related sanctions. This does not limit your ability to report to law enforcement or the Title IX Coordinator in the future.

Local Agencies

• Women’s Center for Advancement (formerly the YWCA)
  Hotline phone: 402-345-7273
  Business phone: 402-345-6555
  wcaomaha.org
• Catholic Charities — The Shelter
  Hotline phone: 402-558-5700
  Business phone: 402-558-5700
• Catholic Charities DV/SA Program
  Hotline phone: 712-328-0266
  Business phone: 712-256-2059
• Heartland Family Service Hotline phone: 800-523-3666
  Business phone: 402-552-7400
  heartlandfamilyservice.org
  Special services: disabled, elderly, family, under 12, teen, Spanish
• Bridge Crisis Center
  Hotline phone: 402-727-7777
  Business phone: 402-721-4340
• Voices of Hope
  Hotline phone: 402-475-7273
  Business phone: 402-476-2110
• Seek emergency medical care. A Sexual Assault Nurse Examiner (SANE) at the hospital will offer you a sexual assault forensic exam for DNA evidence collection as well as sexually transmitted infection (STI) prevention, HIV prevention, emergency contraception and injury evaluation and treatment.

Supportive Measures

MCC will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sexual harassment and/or retaliation.

Supportive measures are nondisciplinary, nonpunitive individualized services offered as appropriate, as reasonably available and without fee or charge to the parties to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties or the College’s educational environment and/or deter sexual harassment and/ or retaliation. The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, MCC will inform the Complainant that they may file a complaint with MCC either at that time or in the future, if they have not done so already.

The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented. MCC will maintain the privacy of the supportive measures, provided that privacy does not impair the College’s ability to provide the supportive measures. MCC will act to ensure as minimal an academic/occupational impact on the parties as possible. MCC will implement measures in a way that does not unreasonably burden the other party.

These actions may include, but are not limited to:

• Referral to counseling, medical and/or other health care services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Referral for Visa and immigration assistance
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines or other course/program-related adjustments
• No trespass
• Timely warnings
• Class schedule modifications, withdrawals or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.

What to expect if you make a complaint to the College:

• Intake: The Title IX Coordinator will assist the reporting party with making choices and accessing resources. Assuming the reporting party chooses to move forward with a college resolution, the next step is a preliminary inquiry.
• Preliminary Inquiry: An initial determination is made about the allegations and whether to move them forward to a formal investigation. This decision is made by the Title IX coordinator who takes into account the nature of the allegations and the reporting party’s wishes. If the decision is made to move forward, the coordinator refers the allegations to investigators.
• Investigations: Trained investigators will provide an investigation that is prompt, thorough, reliable, equitable, fair and impartial. They will interview reporting and responding parties and witnesses and prepare reports with their findings.
• Hearing: The College will conduct a hearing to determine whether there was a violation of College policy.
• Standard of Evidence: The College uses a preponderance of evidence standard. Decision-makers consider whether, given the available credible evidence, it is more likely than not that a violation occurred.
• Final Determination: The parties will be informed in writing of the outcome of the resolution, without significant delay between the notifications to each party. This notice will include the procedures for appealing the decision, any change to the results that occurs prior to the time that such results become final and when results are considered to be final.
• Appeals: Students involved in Title IX proceedings may appeal decisions. All parties are included in any appeal reconsideration and have equal rights of participation.

Resolution Timeline

MCC will make a good faith effort to complete the resolution process within a 60-90 business day time period, including appeal, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.

Ensuring Impartiality

Any individual materially involved in the administration of the resolution process [including the Title IX Coordinator, Investigator(s) and Decisionmaker( s)] may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent. The Title IX Coordinator will vet the assigned Investigator(s) to ensure impartiality by confirming there are no actual or apparent conflicts of interest or disqualifying biases. The parties may at any time during the resolution process raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Pool member will be assigned and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the vice president for Student Affairs. The Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy violation and evidence that supports that the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent or Witness.

MCC operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.

Advisors in Sexual Harassment Procedures

The parties may each have an Advisor of their choice present with them for all meetings, interviews and hearings within the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available. The Advisor may be a friend, mentor, family member, attorney or any other individual a party chooses to advise, support and/or consult with throughout the resolution process. The parties may choose Advisors from inside or outside the MCC community. The Title IX Coordinator will also offer to assign a trained Advisor for any party if the party so chooses. If the parties choose an Advisor from the pool available from MCC, the Advisor will be trained by MCC and be familiar with the College’s resolution process. If the parties choose an Advisor from outside the pool of those identified by MCC, the Advisor may not have been trained by MCC and may not be familiar with the College’s policies and procedures. Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing.

Possible Sanctions

The following are the usual sanctions that may be imposed upon students:

• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any MCC policy, procedure or directive will result in more severe sanctions/responsive actions.
• Required Counseling: A mandate to meet with and engage in counseling to better comprehend the misconduct and its effects.
• Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student is found in violation of any institutional policy, procedure or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from cocurricular activities, exclusion from designated areas of campus, no-contact orders and/or other measures deemed appropriate.
• Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at MCC.
• Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend MCC-sponsored events.
• Other Actions: In addition to or in place of the above sanctions, MCC may assign any other sanctions as deemed appropriate.

Appeals

Any party may file a request for appeal (“Request for Appeal”), but it must be submitted in writing to the Title IX Coordinator within five days of the delivery of the Notice of Outcome.

Appeals are limited to the following grounds:

• Procedural irregularity that affected the outcome of the matter
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter and
• The Title IX Coordinator, Investigator(s) or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter.

If any of the grounds in the Request for Appeal are not in accordance with those specified in this Policy, the Appeal Officer will deny the request. The parties and their advisors will be notified in writing of the denial and the rationale.

Retaliation

Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation and/or acting in good faith to oppose conduct that constitutes a violation of this policy. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated.

MCC will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation. MCC and any member of the MCC community are prohibited from taking materially adverse action by intimidating, threatening, coercing, harassing or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding or hearing under this policy and procedure.

The exercise of rights protected under the First Amendment does not constitute retaliation.

Any person who is a Complainant in a case of sexual misconduct shall be afforded all rights as outlined in the conduct code plus the following rights specific to sexual assault cases:

• The right to be assisted by an advisor, advocate or support person of their choice, at their own expense (if a fee is charged), throughout the entire conduct code process, including investigation, informal disposition of the case, hearings and appeals. The advisor, advocate or support person may not speak in any proceeding or part of the process. They may only speak in private to the victim.
• The right to have their name or other personally identifiable information withheld (by the College) from release to the public, the press or others who are not directly involved in the case. This is to include any College judicial records related to the case.
• The right to be notified of the outcome of any conduct code action in a case of sexual misconduct concurrent to the notification of the accused (if participating in the hearing process, or subsequent if not participating).
• The right to request extra time to make up academic work the student has missed because of time lost due to the assault, investigation and the hearing. This is done solely at the discretion of the professor.
• The right, when reasonable and possible, to have their classes reassigned so as not to share classes with the accused.
• The right not to have the student’s sexual history discussed during the hearing.
• The right to be present for the entire hearing (with the exception of deliberations).
• The right to make a victim impact statement to be presented to the hearing body subsequent to a determination of responsibility for a violation of the conduct code and prior to the determination of a sanction or sanctions.

A student facing charges of sexual misconduct is afforded all rights as outlined in the conduct code, plus the following rights specific to sexual assault cases:

• The right to be assisted by an advisor, advocate or support person of their choice, at their own expense (if a fee is charged), throughout the entire conduct code process. This includes investigation, informal disposition of the case, hearings and appeals. The advisor, advocate or support person may not speak in any proceeding or part of the process.
• The right to have their name or other personally identifiable information withheld from the public as part of the disciplinary process, however, at the close of the process, when a case is resolved, the College is permitted to release name, charge(s) and resolution of the case (records in the police department are not covered the same and may be released to the public unless doing so would impact their investigation).
• The right to be notified of the outcome of any conduct code action in a case of sexual misconduct concurrent to the notification of the accused (if participating in the hearing process or subsequent if not participating).
• The right to request extra time to make up academic work the student has missed because of time lost due to the investigation and the hearing. This is done solely at the discretion of the professor.
• The right, when reasonable and possible, to have their classes reassigned so as not to share classes with the student Complainant.
• The right not to have the student’s sexual history discussed during the hearing.
• The right to be present for the entire hearing (with the exception of deliberations).
• The right to make a statement to be presented to the hearing body subsequent to a determination of responsibility for a violation of the Student Code of Conduct and prior to the determination of a sanction or sanctions.

Domestic Assault (Nebraska Revised Statutes 28-323)

Definitions

• "Intimate partner" means a spouse, a former spouse, persons who have a child in common (whether or not they have been married or lived together at any time) and persons who are or were involved in a dating relationship.
• "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. This does not include a casual relationship or an ordinary association in a business or social context.

First-Degree Domestic Assault:

A person commits first-degree domestic assault by intentionally or knowingly causing serious bodily injury to his/her intimate partner.

Class IIA Felony

Class II Felony for a second or subsequent violation.

Second-Degree Domestic Assault:

A person commits second-degree domestic assault by intentionally or knowingly causing bodily injury to his/her intimate partner with a dangerous instrument.

Class IIIA Felony

Class IIA Felony for a second or subsequent violation.

Third-Degree Domestic Assault:

A person commits third-degree domestic assault by intentionally or knowingly:

• Causing bodily injury to his/her intimate partner
• Threatens an intimate partner with bodily injury or
• Threatens an intimate partner in a menacing manner

Class I Misdemeanor

Class IIIA Felony for second or subsequent violation of threatening or causing bodily injury to an intimate partner.

Strangulation (Nebraska Revised Statutes 28-310.01)

A person commits strangulation if he/she knowingly or intentionally impedes the normal breathing or normal blood circulation by applying pressure on the throat or neck of another person or impedes the normal breathing of another person by covering the mouth and nose of the person.

Class IIIA Felony

Class IIA Felony for a second or subsequent offense, or if offender used or attempted to use a dangerous instrument or caused serious bodily injury to the other person.

Stalking (Nebraska Revised Statutes 28-311.03)

Any person who willfully harasses another person or a family or household member with the intent to injure, terrify, threaten or intimidate commits the offense of stalking.

Definitions:

"Harass" means a knowing and willful course of conduct directed at a specific person that seriously terrifies, threatens or intimidates the person and serves no legitimate purpose.

1. The course of conduct must be such conduct as would cause a reasonable person to suffer substantial emotional distress.
2. The course of conduct must also actually cause substantial emotional distress to the person.

"Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following: detaining, restraining the personal liberty of or stalking the person, telephoning the person, or contacting or otherwise communicating with the person.

Class I Misdemeanor (first offense)

Class IIIA Felony: If they have a prior stalking conviction within the last seven years, the victim was under 16 years old or the suspect possessed a deadly weapon at any time during the violation.

Harassment protection order violation (Nebraska Revised Statutes 28-311.09)

It is unlawful for any person to knowingly violate a harassment protection order after service or notice of such order.

Procedure for obtaining a harassment protection order:

Any victim who has been harassed may file for a harassment protection order by filing a petition with the clerk of the court.

1. The court may then issue an order to enjoin the Respondent from:
2. Imposing any restraint upon the person or liberty of the Petitioner
3. Harassing, threatening, assaulting, molesting, attacking or otherwise disturbing the peace of the Petitioner
4. Telephoning, contacting or otherwise communicating with the Petitioner

Duration of Restrictions:

A harassment protection order is effective for one year unless dismissed or modified by a court.

Service and Notice Provisions:

A court may issue a harassment protection after a hearing or may issue a temporary order ex parte with notice to the Respondent of how to request a hearing.

If the Respondent is present at the hearing, such person is deemed to have notice of the harassment protection order, and no further service is required for enforcement and prosecution of violations.

If the Respondent is not present at the hearing but was served with a temporary ex parte order, that service will serve as notice of the harassment protection order, and violations may be enforced and prosecuted.

Class II Misdemeanor
Domestic abuse protection order violation (Nebraska Revised Statutes 42-924 (4))

It is unlawful for any person to knowingly violate a domestic abuse protection order after service or notice of such order.

Procedure for obtaining a domestic abuse protection order (Nebraska Revised Statutes 42-924 (1)):

Any victim of domestic abuse may file for a domestic abuse protection order by filing a petition with the District Court.

The court may then issue the following relief:

1. Enjoining Respondent from imposing any restraint upon the person or liberty of the Petitioner
2. Enjoining Respondent from threatening, assaulting, molesting, attacking or otherwise disturbing the peace of the Petitioner
3. Enjoining Respondent from telephoning, contacting or otherwise communicating with the Petitioner
4. Removing and excluding the Respondent from the residence of the Petitioner, regardless of ownership of the residence
5. Ordering Respondent to stay away from any place specified by the court
6. Awarding Petitioner temporary custody of minor children not to exceed 90 days
7. Enjoining Respondent from possessing or purchasing a firearm
8. Directing that the Petitioner have sole possession of any household pet owned, possessed, leased, kept or held by the Petitioner, the Respondent or any family or household member residing in the household of the Petitioner or Respondent
9. Enjoining the Respondent from coming into contact with, harming or killing any household pet owned, possessed, leased, kept or held by the Petitioner, the Respondent or any family or household member of the Petitioner or Respondent
10. Ordering other relief deemed necessary to provide for the safety and welfare of the Petitioner and any designated family or household members

Duration of a domestic abuse protection order:

A domestic abuse protection order is effective for one year unless dismissed or modified by a court.

Definitions:

1. Abuse means the occurrence of one or more of the following acts between household members:
2. Attempting to cause or intentionally and knowingly causing bodily injury with or without a dangerous instrument
3. Placing, by means of credible threat, another person in fear of bodily injury and
4. Engaging in sexual contact or sexual penetration without consent as defined by Nebraska Revised Statutes 28-318.

"Credible threat" means a verbal or written threat or a threat that is implied by a pattern of conduct or a combination of verbal, written or electronically communicated statements and conduct made by a person with the apparent ability to carry out the threat so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her family.

Family or household members include spouses, former spouses, children, persons who are presently or have previously resided together, persons who have a child in common (whether or not they have been married or have lived together at any time), other persons related by consanguinity or affinity, and persons who are presently or have previously been involved in a dating relationship with each other.

Service and notice provisions:

A court may issue a harassment protection order after a hearing or may issue a temporary order ex parte with notice to Respondent of how to request a hearing.

If the Respondent is present at the hearing, such person is deemed to have notice of the harassment protection order, and no further service is required for enforcement and prosecution of violations.

If the respondent is not present at the hearing but was served with a temporary ex parte order, that service will serve as notice of the harassment protection order, and violations may be enforced and prosecuted.

Class I Misdemeanor:

Class IV Felony if the offender has a prior conviction for violating any protection order.

Sex offenses (Nebraska Revised Statutes 28-317 to 28-322.04)

Rape as defined by the Federal Bureau of Investigation through the Uniform Crime Reporting: 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.

(Nebraska Revised Statutes 28-317 to 28-322.04) Special considerations for sex offense investigations:

Nebraska law is intended to protect the victim of criminal sexual offenses at all stages of the judicial process.

The offender shall have constitutionally guaranteed due process procedures preserved.

There shall be a system of investigation, prosecution, punishment and rehabilitation for the welfare and benefit of the residents of Nebraska.

Definitions:

"Actor" means a person accused of sexual assault. "Force or threat of force" means:

1. Use of physical force that overcomes the victim’s resistance or
2. Threat of physical force, expressed or implied, against the victim or a third person that:
   • Places the victim in fear of death or serious personal injury to the victim or a third person or
   • The victim reasonably believes that the actor has the present or future ability to execute the threat

"Intimate parts" means the genital area, groin, inner thighs, buttocks or breasts.

"Past sexual behavior" means sexual behavior other than the sexual behavior upon which the sexual assault is alleged.

"Serious personal injury" means great bodily injury or disfigurement, extreme mental anguish or mental trauma, pregnancy, disease or loss or impairment of a sexual or reproductive organ.

"Sexual contact" means contact that can only be reasonably construed as being for the purpose of sexual arousal or gratification of either party:

• Intentional touching of the victim’s sexual or intimate parts
• Intentional touching of the victim’s clothing covering the immediate area of the victim’s sexual or intimate parts or
• Touching by the victim of the actor’s sexual or intimate parts or the clothing covering the immediate area of the actor’s sexual or intimate parts when the actor intentionally causes such touching

"Sexual penetration" means:

• Sexual intercourse in its ordinary meaning
• Cunnilingus, fellatio or anal intercourse
• Any intrusion, however slight, of any part of the actor’s or victim’s body, or any object manipulated by the actor into the genital or anal openings of the victim’s body, which can be reasonably construed as being for non-medical, non-health or non-law enforcement purposes or
• Sexual penetration shall not require emission of semen.

"Victim" means the person alleging to have been sexually assaulted.

"Without consent" means:

• Victim was compelled to submit due to the use of force or threat of force or coercion
• Victim expressed lack of consent by words or conduct or
• Consent given as a result of the actor’s deception as to the identity of the actor or the nature or purpose of the act on the part of the actor
• The victim need only resist, either verbally or physically, so as to make the victim’s refusal to consent genuine and real, and so as to reasonably make known to the actor the victim’s refusal to consent or
• A victim need not resist verbally or physically where it would be useless or futile to do so

Examination of victim, authorization not required (Nebraska Revised Statutes 29-4306)

The victim of sexual assault or domestic violence victim may be examined by a health care professional or emergency room without separate authorization by a law enforcement agency.

With the consent of the victim, such examination shall include the collection of forensic evidence using a standardized sexual assault evidence collection kit.

Examination of an 18-year-old victim does not require consent or notification of their parent(s), guardian or any other person having custody of the victim.

Sexual assault first degree (Nebraska Revised Statutes 28-319)

Any person who subjects another person to sexual penetration:

• Without the consent of the victim
• Who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct or
• When the actor is 19 years of age or older and the victim is at least 12 but less than 16 years of age

Class II Felony

The sentencing judge shall consider whether the actor caused serious personal injury to the victim in reaching a decision on the sentence.

Mandatory 25 years in prison for a second or subsequent offense.

Sexual assault second degree (Nebraska Revised Statutes 28-320)

Any person who subjects another person to sexual contact:

• Without consent of the victim
• When the actor knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct and
• The actor causes serious personal injury to the victim

Class IIA Felony

Sexual assault third degree (Nebraska Revised Statutes 28-320)

Any person who subjects another person to sexual contact:

• Without consent of the victim or
• When the actor knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct (no serious personal injury)

Class I Misdemeanor

The College provides educational programming on sexual assault, sexual misconduct, sexual harassment, dating and domestic violence prevention, stalking and personal safety through a variety of avenues. MCC Police is available to present personal safety programs to students, faculty or staff.

Often the most effective way to help is through intervention by peers. As students and members of this campus community, all should be invested in the well-being of their peers. If you see something going on with a fellow student that doesn’t seem right, say something to someone and consider doing something to help. Do not be afraid to talk to a friend or acquaintance about your concern for them and provide them with assistance. The following are some ways a bystander could intervene:

• Notice the issue: Listen to your gut instincts. If something doesn’t look or feel right about a situation, take a few moments to assess the situation.
• Interpret the urgency: Now that the situation has been briefly assessed, determine the urgency of the situation. Is this an emergency? Does someone need help? Is this something I (or perhaps two of us) can address and assist with?
• Take responsibility: Take responsibility for providing help. Whether intervening firsthand or calling for help, once the decision is made to help, follow-through is vital.

• Call police or a friend to assist.
• Help the person leave the situation; connect them with friends or help them get home safely.
• Confront the behavior that is occurring and address the issue.
• Diffuse the situation — distract the parties, introduce others (such as friends of either party) who can help deescalate the situation and separate the individuals.

• Always approach everyone from a place of care and concern.
• Do not be antagonistic, accusatory or condescending.
• Avoid using violence or threats of violence.
• Be honest, direct and as clear as possible as to why you are there.
• Get help if necessary.
• Keep yourself safe.
• If things escalate or you feel unsafe, call the police.

Students have the ability to create a campus environment free of interpersonal and sexual violence and free of words and behaviors that make any member of the community feel marginalized. We encourage students to educate themselves about interpersonal and sexual violence, as well as issues surrounding bias, and to share this knowledge and information with friends and peers. We encourage students to confront their friends and peers who make excuses for their (or other people’s) abusive or inappropriate behaviors. We encourage students to speak up against racist, homophobic and sexist remarks.

Students and employees are offered education and training that promotes awareness of matters related to sexual harassment and misconduct, including education on sexual assault, acquaintance sexual assault, domestic violence, dating violence and stalking. MCC utilizes a range of campaigns, strategies and initiatives to promote awareness and prevention programming.

Educational presentations are offered to raise awareness for current students, staff and faculty on the topics of sexual assault prevention, bystander intervention and victim/survivor advocacy. These programs are offered in new student orientation, on-campus classes throughout the year, new faculty orientations and departmental meetings. Annual community resource fairs are hosted on three main campuses to inform students and employees of the resources available in the community to provide support and services. The following agencies have participated:

Catholic Charities, Christian Outreach Program-Elkhorn, Heartland Workforce Solutions/WorkOpps, One World Health (health insurance marketplace), Vocational Rehabilitation, Women’s Center for Advancement, Lutheran Family Services and the Nebraska Domestic Violence Sexual Assault Coalition.

MCC also requires all new employees to complete discrimination and harassment training. All responsible employees are offered training about duties upon receipt of a report of sexual assault. This training includes information on supporting and understanding the specific experience of sexual assault victims.

Programs offered to students and employees include strong messages regarding not just awareness but also primary prevention (including normative messaging, environmental management and bystander intervention) and discussing institutional policies on sexual misconduct, as well as Nebraska state statute definitions of domestic violence, dating violence, sexual assault, stalking and consent in reference to sexual activity. Programs also offer information on risk reduction that strives to empower victims to recognize warning signals, avoid potential attacks and how to do so without victim-blaming approaches. Programs are informed by evidence-based research and are assessed for their effectiveness.

Bystander engagement/intervention is encouraged through safe and positive interaction techniques and by empowering third-party intervention and prevention, such as asking the victim if they need help, calling 911 for help, identifying allies and/or creating distractions. Bystander intervention training highlights the need for those who intervene to ensure their own safety in the intervention techniques they choose and motivates them to intervene in the safety of the community when others might choose to be bystanders.

Relationship abuse/domestic violence and stalking can, like sexual assault, affect everyone, regardless of gender, and can occur in any relationship, whether you are straight, gay, lesbian, bisexual, transgender, queer or questioning. Victims of relationship abuse/domestic violence and stalking can experience innumerable emotions, including fear, anger, self-blame and betrayal, as well as feelings of shame and guilt.

Resources, both on campus and in the community that help victims of sexual assault, are also available to victims of relationship abuse/domestic violence and stalking. The code of conduct process provides victims of relationship abuse/domestic violence and stalking with the same resources and rights in our process as noted above for sexual misconduct. The Title IX coordinator, or designee, is available to go over avenues for resolution, available campus resources, as well as interim actions and accommodations. Visit mccneb.edu/Title-IX for more information and resources.

MCC Police can provide information regarding pursuing criminal action (or connecting you with law enforcement in the appropriate jurisdiction), a personal safety plan and providing information on obtaining a protective order. If a protective order is obtained, it is recommended that a copy be given to MCC Police to keep on file. If the order is against a student, MCC Police, as well as the Title IX coordinator or designee, can assist with its implementation in the campus environment (which may include, when possible, adjustment of class schedules and working with both parties to avoid contact).

Sexual assault is an act of violence. Crimes of violence affect everyone, regardless of gender and can occur in any relationship, whether you are straight, gay, lesbian, bisexual, transgender, queer or questioning. Sexual violence affects everyone. Victims of a sexual assault are often in a state of disbelief and shock, feeling angry, fearful and helpless. They can also experience feelings of shame and guilt. The variety of emotions that can be experienced by a victim of sexual assault can be overwhelming, and he/she may not know who they can ask for help. We provide this guide in an effort to help give students resources to assist in their recovery and to help prevent a future assault.

MCC Police encourage students to seek help from the resources presented.

• If a student is sexually assaulted, the student should:
  • Get to a safe place as soon as possible.
  • Try to preserve physical evidence. Do not wash, bathe, shower, douche, use the toilet or change clothing. If changing clothes is unavoidable, put all the clothing you were wearing in a paper bag, not a plastic bag. Do not move any physical items that may have been touched by the assailant.
  • Get medical attention as soon as possible. It is important to address your physical health needs. In addition, it is important in order to preserve and collect evidence should you decide later to pursue legal action.
  • Contact MCC Police by calling 531-622-2222. Calling MCC Police does not mean you must pursue criminal charges. Officers are trained to help assist you in securing medical attention and professional counseling.
  • Talk with a counselor. They can provide emotional support as well as additional resources in a confidential environment.
  • Talk. Turn to those you trust — friends, family or someone who can help support you through your recovery. You can also find numerous support people in the College community. Being able to talk about and process what has happened is a vital step in your recovery.
  • Consider your options. You have the ability to consider criminal action as well as pursue action through the code of conduct process on campus (if your assailant is a student). This document provides you with information on both avenues. If you have questions, call the MCC Police, the dean of Student Advocacy and Accountability or the vice president for Student Affairs (their numbers can be found further in this policy).
• Past abuse or assault
  • It is not uncommon for a sexual assault survivor to withdraw and never tell anyone of the incident. Whether the assault occurred years ago or recently, please seek out assistance. You can also contact local agencies (a list appears elsewhere in this document).
• Medical treatment
  • It is very important to seek out medical attention so you can be assessed and treated for any physical injuries. Evaluation of sexual assault includes the testing and treatment for sexually transmitted diseases, medication to prevent pregnancy and the preservation, collection and documentation of evidence of the assault (which would aid in criminal prosecution should you decide to pursue legal action). DNA and forensic evidence should be collected immediately, preferably within the first 72 hours. Evidence can be collected later, but the quality and quantity of the evidence can be greatly impacted. Medical attention is vital and does not mean you must pursue criminal charges. Should you deem your injuries critical or life-threatening, call 911.
• Immediate emergency services
  • A special exam should be conducted as soon as possible after a sexual assault. Even if there are no physical injuries, this special exam, which includes a sexual assault evidence kit, is recommended to maintain all legal options. The exam is performed by an emergency department physician and/or a specially trained nurse. A nurse is also present throughout the procedure, and you are welcome to have a support person with you as well. Note: Routinely, hospital staff will contact the police whenever treatment is provided for injuries that could be the result of a crime. Although the police are contacted and may respond, this does not mean you have to proceed with criminal charges.
• Reporting to MCC Police
  • If a violation of the policy or the Student Code of Conduct occurs on MCC property, at an MCC-sanctioned event or during MCC-sanctioned travel, call 531-622-2222 to reach MCC Police. Speaking with an officer and reporting an incident does not necessarily mean that you have to choose to prosecute or pursue campus action through the Student Code of Conduct process.
  • You may choose whether to pursue criminal or campus action at a later time. College police will begin a preliminary investigation into the incident. The police share the report with the Title IX Coordinator or designee, who will meet with the victim from a place of care and concern and share avenues for resolution, available campus resources, as well as supportive measures.
• Criminal investigation and charges
  • MCC Police investigate reported crimes and provide information on all sexual assaults and other felonies to the appropriate county attorney’s office. If a crime is reported off campus, other police jurisdictions are likely to be the primary investigative agency. If you choose to pursue criminal charges and the county attorney determines there is enough evidence to prosecute the case, the county attorney’s office will be responsible for filing those charges and for all costs associated with the prosecution and will represent you as the victim in the criminal proceedings.
  • You may request the presence of a support person during police interviews. If the county attorney’s office files charges, the suspect is taken into custody and formally charged. The suspect will be taken before a judge and charged with the appropriate offense. A suspect under investigation for any criminal offense has a constitutional right to have a lawyer present during questioning; however, the suspect does not have a right to have a support person other than a lawyer.
  • The final decision on whether to file charges rests with the county attorney. A lawyer from the county attorney’s office may provide you with guidance on whether pressing charges is appropriate. MCC Police investigate all crimes that occur on campus. Officers understand that the questions related to the incident can be difficult for victims.

The cooperation and involvement of students, faculty and staff in a campus safety program is essential. Persons on campus can take responsibility for their own personal safety and the security of their personal belongings by taking simple precautions.

• Be aware of your surroundings at all times.
• Walk to your vehicle in pairs, or request an MCC Police officer to escort you to your vehicle.
• Park in designated, well-lit parking areas.
• Keep vehicles locked at all times.
• Lock valuables in the trunk.
• Do not leave personal items unattended.
• Report suspicious activity or unusual incidents.

If you call the MCC Police, provide the following information:

• Location of the incident you are reporting
• Your name, date and time of incident
• Description of the scene and subjects
• Description of any vehicles involved, especially license plate numbers

Visit mccneb.edu/Police to view the following documents and additional information:

• Crime Prevention and Personal Safety Tips
• MCC Emergency Procedures Handbook
• MCC CSA Reporting Form
• Report of Injury
• Online Statement Form
• Workplace Violence Reduction
• Sexual Assault Awareness
• Crime Log Report (last 60 days of crime log information)
• Drug Free Schools and Communities Act
• Threat Assessment Matrix

Statistics without notations are actions/arrests by the Metropolitan Community College Police Department.

¹ Actions/arrests made by the Omaha Police Department

² Actions/arrests made by the Douglas County Sheriff

³ Actions/arrests made by the Bellevue Police Department at area high schools/retail locations where MCC classes are offered

Crime Statistics - 2023

Arrest Statistics - 2023

Dating, domestic violence and/or stalking arrest statistics - 2023

Hate Crime statistics - 2023

The crimes above are considered motivated by bias or considered hate crimes.

There were no Clery Act reportable crimes that were unfounded in 2023. The Federal Uniform Crime Reporting system defines an unfounded crime as false or baseless complaints. "Occasionally, an agency will receive a complaint that is determined through investigation to be false or baseless. In other words, no crime was committed."

Crime Statistics - 2022

Arrest Statistics - 2022

Dating, domestic violence and/or stalking arrest statistics - 2022

Hate Crime statistics - 2022

The crimes above are considered motivated by bias or considered hate crimes.

There were no Clery Act reportable crimes that were unfounded in 2022. The Federal Uniform Crime Reporting system defines an unfounded crime as false or baseless complaints. "Occasionally, an agency will receive a complaint that is determined through investigation to be false or baseless. In other words, no crime was committed."

Crime Statistics - 2021

Arrest Statistics - 2021

Dating, domestic violence and/or stalking arrest statistics - 2021

Hate Crime statistics - 2021

The crimes above are considered motivated by bias or considered hate crimes.

There were no Clery Act reportable crimes that were unfounded in 2021. The Federal Uniform Crime Reporting system defines an unfounded crime as false or baseless complaints. "Occasionally, an agency will receive a complaint that is determined through investigation to be false or baseless. In other words, no crime was committed."

• Race
• Sexual orientation
• Gender
• Disability
• Religion
• National origin
• Ethnicity
• Gender identity

Police statistics can be found at:

Bellevue Police Department
bellevuepd.com

Douglas County Sheriff
omahasheriff.org

Fremont Police Department
fremontne.gov/17/Police

La Vista Police Department
cityoflavista.org/17/LVPD

Omaha Police Department
police.cityofomaha.org

The MCC Police Department maintains a crime log to record criminal incidents and alleged criminal incidents reported to campus police that occurred on MCC property. The log is available at any MCC Police office or Student Services in paper form, covering reports received for the previous 60 days. The crime log is also available electronically by request to the MCC Police Department’s Fort Omaha Campus location. Crime log information more than 60 days old is available upon request and requires two business days to process.

Applied Technology Center - Clery Boundary

Elkhorn Valley Center - Clery Boundary

Fort Omaha Campus - Clery Boundary

Fremont Area Center - Clery Boundary

MCC North Express - Clery Boundary

MCC South Express - Clery Boundary

South Omaha Campus - Clery Boundary

Sarpy Center - Clery Boundary

Metropolitan Community College does not discriminate on the basis of race, color, national origin, genetic information, religion, sex, sexual orientation, gender identity, transgender status, marital status, age, pregnancy, disability, current or prior military service, protected veteran status or membership in any other class that is protected under local, state or federal law or regulation in admission or access to its programs and activities or in its treatment or hiring of employees. The College complies with Title VI of the Civil Rights Act of 1964, the Civil Rights Act of 1990, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975 and related Executive Orders 11246 and 11375 and all amendments to the above.