UNMC_Acronym_Vert_sm_4c
University of Nebraska Medical Center

Frequently Asked Questions

Title IX of the Education Amendment Acts of 1972 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 and education program or activity receiving Federal financial assistance.”
Title IX applies to UNMC employees (faculty and staff) and students

Sexual misconduct, which includes domestic violence, dating violence, sexual harassment, sexual assault, sexual exploitation and stalking, is unacceptable behavior under University of Nebraska policy and against the law. All individuals are expected to promptly report conduct that may violate the University’s Sexual Misconduct Policy to the University.

You may contact:

The University will provide supportive measures to Complainants and Respondents. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.

For supportive measures you may contact Title IX Coordinator, Carmen Sirizzotti at 402-559-2710 or Title IX Advocate, Kelly Blecha at 402-836-9043.

The University will maintain as confidential any supportive measures provided to the Complainant or the Respondent, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the supportive measures. Any supportive measures offered to either party cannot punish, discipline or unreasonably burden the other party.

An individual who has experienced sexual misconduct has the right to choose whether to file a police report. The University encourages individuals to report incidents of sexual misconduct to University Police or local law enforcement. Filing a police report can result in the investigation of whether sexual violence or related crimes occurred and the prosecution of the perpetrator. Timely reporting to the police is an important factor in successful investigation and prosecution of crimes, including sexual violence.

Conduct that may violate criminal law must be reported to both the Title IX Coordinator and to local law enforcement. These processes are not mutually exclusive, and both may happen simultaneously or at different times.

There may be instances where the safety of the complainant or the university community would prompt the need for police involvement, and it will be always discussed with the reporter in detail.

An individual who has experienced sexual misconduct has the right to choose whether to file a police report. The University encourages individuals to report incidents of sexual misconduct to University Police or local law enforcement. Filing a police report can result in the investigation of whether sexual violence or related crimes occurred and the prosecution of the perpetrator. Timely reporting to the police is an important factor in successful investigation and prosecution of crimes, including sexual violence.

Conduct that may violate criminal law must be reported to both the Title IX Coordinator and to local law enforcement. These processes are not mutually exclusive and both may happen simultaneously or at different times.

There may be instances where the safety of the complainant or the university community would prompt the need for police involvement, and it will be always discussed with the complainant in detail. Filing a Sexual Misconduct Formal 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.

Although the University does not limit the time frame for reporting sexual misconduct to promote timely and effective review, the University strongly encourages individuals to report possible sexual misconduct within one hundred and eighty calendar days of the last occurrence of the concerning conduct. A report made after one hundred and eighty days may make it more difficult to gather relevant and reliable information.

When a Title IX Coordinator or their designee receives a Formal Complaint, the Title IX Coordinator will do a Preliminary Review of the Formal Complaint. The University will investigate the allegations in a Formal Complaint. However, there are certain circumstances when the University is either required to, or may, dismiss a Formal Complaint or an allegation within the Formal Complaint.

In the event the Title IX Coordinator or their designee determines another provision of the Student/Employee Code of Conduct may apply to the alleged sexual misconduct and it is appropriate to proceed, the Formal Complaint will be investigated, adjudicated and resolved in accordance with the process set forth in these Procedures.

The University will dismiss an allegation of sexual harassment under Title IX in a Formal Complaint under the following circumstances:
  1. The conduct would not constitute sexual harassment as defined by the Sexual Misconduct Policy and Procedures, even if proved;
  2. The conduct did not occur in the University’s education program or activity; or
  3. The conduct did not occur against a person in the United States.
A dismissal of an allegation of sexual harassment under Title IX does not preclude action under another provision of the University’s Student Code of Conduct.

The Title IX Advocate, Kelly Blecha, (402-836-9043), provides confidential, trauma-informed support and information to students, faculty and staff affected by Sexual misconduct, which includes domestic violence, dating violence, sexual harassment, sexual assault, sexual exploitation and stalking. The Advocate assists individuals affected by Sexual Misconduct with multiple items such as understanding the Sexual Misconduct policy and procedures and providing options available such as supportive measures (academic or work). In addition, the Advocate connects individuals to resources available on campus such as counseling and off campus such as community resources.

To receive assistance, individuals do not need to file a Sexual Misconduct report nor file a Formal Complaint. 

The University shall keep confidential the identity of any individual who has made a report or complaint or sex discrimination, including any individual who has made a report or filed a Formal Complaint of sexual misconduct, any Complainant, any Respondent and any witness, except as may be permitted by the Family Educational Rights and Privacy Act or as required by law, or to carry out the purposes of Title IX, including any investigation, hearing or judicial proceeding arising thereunder. The University may be required to share information with other individuals in accordance with FERPA, Title IX or other applicable law, including lawfully issues subpoenas in criminal, administrative, and civil matters.

The University will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence. The Complainant and the Respondent and their respective advisors are asked to keep private information that does not consist of “the allegations under investigation”. 

The Complainant and the Respondent and their respective advisors are asked to keep the information related to the investigation and resolution private, to the extent consistent with applicable law. Witnesses are asked to keep any information learned in an investigation meeting confidential, to the extent consistent with applicable law.”

“Confidentiality” means that the University will not disclose the names of individuals involved in sexual misconduct cases to others except on a need-to-know basis or as required by law. The University will instruct employees and students about the requirement not to disclose confidential information. Confidential is not the same as anonymity, where an individual is not named or personally identified.