VI. Sexual Misconduct Code: Policy Statement
Western Nebraska Community College is committed to providing an environment
free from discrimination based on sex and provides resources and services to assist
students, faculty and staff in addressing issues involving sex discrimination,
including Sexual misconduct. The College strictly prohibits any form of Sexual
misconduct, which includes dating violence, domestic violence, sexual assault,
and stalking. All reported incidents will be thoroughly investigated and those
found responsible dealt with as necessary, whether criminally charged or handled
through the College’s sexual misconduct procedure. The President is authorized to
adopt appropriate procedures to carry out this policy and comply with state and
federal law.
DEFINITIONS
TheViolence AgainstWomen Act and its proposed regulations require the inclusion
of certain Nebraska State definitions in a campus’s Annual Security Report and also
require that those definitions be provided in campaigns, orientations, programs
and trainings for employees and students. Definitions required include: consent;
dating violence; domestic violence; Sexual assault; and stalking.
Western Nebraska Community College utilizes the following definitions from
Nebraska State Statutes in execution of the College’s Sexual misconduct
policy and procedures. To review said statutes in their entirety, please see
the official site of the Nebraska Unicameral Legislature at the following:
nebraskalegislature.gov/laws/browse-statutes.php
.
Consent to Sexual Activity (Neb. Rev. Stat. §28-318):
The activity takes place without the use of, or the threat of, force or coercion,
whether verbal or physical (coercion is the act of using some form of pressure
or force to have Sexual contact with someone who has already refused or is
incapable of providing consent); each participant provides clear consent through
their words and/or actions; each participant is fully aware of the other participants’
identity and intentions; each participant is clearly able to provide their voluntary
consent (both mentally and physically; influence of alcohol or drugs is an issue
when considering consent); and there is no verbal or physical resistance by
any participant. The provision of consent for one form of Sexual activity cannot
automatically be taken as consent for any other form of Sexual activity; consent
must be provided for each type of activity. In addition, previous relationships or
prior consent does not automatically provide consent for future Sexual acts; each
Sexual encounter stands alone.
Dating Violence (Neb. Rev. Stat. §79-2,140):
A pattern of behavior where one person uses threats of, or actually uses, physical,
Sexual, verbal, or emotional abuse, to control his or her dating partner. Dating
partner means any person, regardless of gender, involved in an intimate relationship
with another person primarily characterized by the expectation of affectionate
involvement, whether casual, serious, or long-term.
Domestic Violence (Neb. Rev. Stat. §28-323):
A person intentionally and knowingly causes bodily injury to his/her intimate
partner; threatens an intimate partner with imminent bodily injury; or threatens
an intimate partner in a menacing manner. Intimate partner, regardless of gender,
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,
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