Frequently Asked Questions
What is Title IX?
Title IX is a federal law that states “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.”
Who is protected under Title IX?
Title IX applies to all UNMC faculty, staff and students, and anyone present on the UNMC campus.
What is sexual misconduct?
Sexual misconduct is conduct in violation of university policy and state and federal law. Sexual misconduct includes dating violence, domestic assault, domestic violence, rape, sexual assault, sexual harassment and stalking.
Something happened to me and I don’t know what to do, or what I want. Where do I start?
We understand that incidents can be traumatic and confusing. The university will work to provide resources and guidance when dealing with any issue brought forth. An individual has the right to contact the Title IX office for assistance and information. In addition, confidential resources are available. If an individual does not feel safe, they should reach out to public safety (on-campus) or local law enforcement (off-campus). The university wants its community members to feel welcome to contact resources.
Can I change my class schedule without making a formal complaint to campus?
This is what would be referred to as supportive measures and they are available without making a formal complaint. The university may aid in changing academic, living, transportation and working situations.
Can I make a Title IX complaint without reporting it to the police?
Yes, you can make a report to the Title IX office without making a police report. There may be instances where the safety of the complainant or the university community would prompt the need for police involvement, but this will always be discussed with you in detail. Making a Title IX complaint is an administrative process and not a criminal process. The administrative investigative process is outlined in the procedures for sexual misconduct complaints against students and procedures for sexual misconduct complaints against employees. This process can result in administrative findings imposing sanctions on the respondent from the university. A university administrative investigation and disciplinary proceedings are independent of any criminal or external investigation.
How long do I have after an incident to make a complaint?
There is no statute of limitations on making a complaint. A complainant can come forward and seek assistance at any time. It is recommended that an issue be brought forward as soon as possible to aid in conducting a thorough investigation and to bring an expedient resolution. We know that as time goes on, people’s memories fade, and information/evidence can be lost. We understand the difficulty involved in coming forward and will provide support and information.
I have a sexual history with the person that assaulted me. Can I still make a Title IX complaint?
Yes, previous sexual history does not indicate consent or prohibit you from making a complaint.
I was intoxicated at the time of the incident. Will I get in trouble?
The university encourages reporting of sexual misconduct and seeks to remove barriers to reporting. Individuals who make a good faith report of sexual misconduct and/or participate in an investigation will not be subject to disciplinary action for a policy violation related to consuming unauthorized alcohol or using illegal drugs or unauthorized prescription drugs.
What happens if the alleged incident occurred off-campus?
The sexual misconduct policy applies to incidents that occur both on-campus and off-campus at university-sponsored events. You can receive assistance and support from the university, even if something happens off-campus.
What happens after a Title IX complaint is made and a determination to investigate has been reached?
A Title IX investigator will send notice to the respondent and complainant that a Title IX complaint has been filed. The Title IX office will contact the respondent and complainant, witnesses, and anyone with knowledge about the alleged incident. At the conclusion of the interviews, the Title IX office will document all evidence, allow for parties to review the evidence and complete the report and provide the completed report to the decision maker(s).
May I speak with victim and survivor advocates without making a Title IX complaint?
Yes, victim/survivor advocates, along with counseling services, are available to a complainant and they are a confidential reporting option which means that they will not share information with the Title IX office or public safety without your permission. Advocates can provide support, information, and resources including information on how to make a complaint to the university. This choice is left up to the individual seeking assistance. The university wants to ensure the safety of students and employees while respecting an individual’s right to privacy.
What will the Title XI coordinator do with my complaint?
The Title IX coordinator will review the allegations and provide the required notices as required under the sexual misconduct policy. The Title IX coordinator will also assist the complaining party (the person affected by the misconduct) with appropriate interim measures or other accommodations that are reasonably available to protect the safety and well-being of both the complainant and the respondent (the person accused of misconduct), potential witnesses to the misconduct, and the campus community. The Title IX coordinator can also provide a referral for students to receive counseling and other supportive measures and can assist the complaining party in filing a criminal complaint if the complaining party elects to do so.
Will my complaint remain confidential?
The university will make all reasonable efforts to keep and protect the confidentiality of all parties involved. The university will consider a complainant's wishes before proceeding with a formal investigation or adjudication of a complaint.