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Privacy, Confidentiality, and Other Information for Survivors of Sexual Misconduct The survivor of sexual misconduct has the option to, or not to, notify and seek assistance from law enforcement and College officials, and will not face discipline for either decision. The College encourages the reporting of all incidents of sexual misconduct. To the extent possible, the College will protect the privacy of all parties to a complaint of sexual misconduct. Under federal law, if a student makes a formal report about a sexual assault to a College official (e.g., officials within Student Services, deans, campus security personnel, and certain other administrators with supervisory responsibilities), the College has an obligation to investigate the complaint. Survivors of any sexual misconduct are reminded of the importance of preserving evidence for proof of criminal activity to assist law enforcement in any future prosecution, as well as to assist in obtaining a protection order. The College will assist the student in contacting law enforcement and/or preserving evidence if requested. The College will abide by the instructions and requirements of any protection order, restraining order, or similar lawful order issued by criminal, civil, or tribal courts. If the College receives a formal report of sexual misconduct, it will be treated in a confidential manner. At the same time, information will be shared as necessary in the course of an investigation with people who need to know such as investigators, witnesses, disciplinary officers, and the accused. When the College, through a report to a College official, becomes aware of an incident of sexual misconduct that occurred on-campus and there is a potential for bodily harm or danger to members of the campus community, College administrators must issue a timely warning to the campus. While the College will provide enough information to safeguard the campus community, a survivor student’s name or other personally identifying information will not be disclosed. NCC encourages students who are the survivor of a sexual assault to seek medical and counseling services. Sexual Assault Victim’s Rights Under federal law, sexual assault survivors are afforded certain basic rights. The College will notify survivors of sexual assault of their option to report their assault to the proper law enforcement authority and of the following rights: • The accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding. • Both parties shall be informed of the outcome of any disciplinary proceeding and any sanction that is imposed against the accused. • Survivors shall be informed of their options to notify law enforcement. • Survivors shall be notified of counseling services. Survivors shall be notified of options for changing academic and living situations if the changes are reasonably available. Investigation and Disciplinary Action The Equity Officers, or designee, will investigate each reported sexual offense. Survivors of sexual offenses should be aware of the potential need of the College to release information regarding the fact that an assault has occurred for the protection and safety of others in the form of a timely warning issued by the Vice President of Operations and Finance, or designee. In a timely warning, information about the reported sexual offense will be reported to the campus community, including as much detail as possible regarding location, date and time of assault, and any information that may help identify the assailant. Every attempt is made to maintain the anonymity of the sexual assault survivor. During the investigation and disciplinary processes, the College will take appropriate action to safeguard the alleged survivor and at the same time, protect the rights of the alleged perpetrator. The College will work with a survivor to arrange reasonable accommodations, including possible changes to class schedule, alternate housing arrangements, or a campus no contact order. The College strongly encourages survivors who feel in danger to contact police and pursue an order of protection or other legal remedies. Drug-Free Schools and Communities It is the policy of NCC to comply with the Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226 and to provide staff and students with information to prevent the use of illicit drugs, the abuse of alcohol on campus and to provide a drug-free work place for students and staff. It shall be unlawful to possess, use or distribute illicit drugs and alcohol by students or employees on college property or as part of any college activity. The laws of the state of Iowa pertaining to the possession and use of illicit drugs and alcoholic beverages on public property shall be followed. Specifically, this means that it is a violation of the drug and alcohol policy for students and employees to purchase, manufacture, possess, consume or sell such items on campus. Student and staff violations of the standards as stated in the previous paragraph shall result in any one or combination of the following disciplinary sanctions: A. Warning B. Disciplinary probation C. Suspension D. Referral to an appropriate drug/alcohol treatment program E. Referral to law enforcement agencies F. Possible disciplinary sanctions include expulsion or termination Definitions and accompanying procedures of these sanctions pertaining to the student can be found in the office of the Associate Dean of Students. Policies and procedures pertaining to employees can be found in the office of the Director of Human Resources. Staff rights shall be protected in accordance with due process. Northwest Iowa Community College Catalog 2016–2017 10 Compliances


NCC_Catalog
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