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c. Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship. d. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or to suffer substantial emotional distress. The annual security report will also include, under the “hate crimes” category of reportable offenses, statistics regarding incidents motivated by the victim's actual or perceived national origin or gender identity. For all annual and interim reports, the College will withhold as confidential, to the extent permitted by law, the names of all victims. Education and Training The College will offer all new students and new employees primary prevention and awareness programs that promote awareness of rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking. These programs will include the following: a. A statement that the College prohibits rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking. b. The definition of the above-listed offenses pursuant to Iowa law. c. The definition of consent in the context of sexual offenses pursuant to Iowa law. d. Safe and positive options for bystander intervention an individual may take to prevent harm or to intervene if he or she witnesses or is confronted with potential rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking. e. Recognition of signs of abusive behavior and how to avoid potential attacks. In addition to the above-discussed programs for new students and new employees, the College will also offer all students and employees ongoing prevention and awareness campaigns that address the foregoing five items. All such programs and campaigns will be reported and described in the annual security report issued by the College in compliance with the Clery Act. Standards for Investigating and Conducting Internal Investigations and Student Disciplinary Proceedings The College will, in investigating and conducting internal investigations and student disciplinary proceedings concerning 2017 2016–Catalog College Community or enforce such orders. Additional information regarding such legal protections can be obtained through the Family Crisis sexual assault, domestic violence, dating violence, and Center in Sioux Center, Iowa, or the Clerk of Court of the stalking cases (“Proceedings”), implement procedures that Iowa District Court for Sioux County in Orange City, Iowa. provide prompt, fair, and impartial investigation and resolution. Iowa Those procedures will thus incorporate the following standards: Internal investigations and disciplinary proceedings regarding sexual violence will be conducted in a prompt, fair, and Northwest a. The standard of evidence to be used in Proceedings will impartial manner. College officials who conduct proceedings be the “preponderance of evidence” standard set forth in will be trained, at least annually, on (i) issues related to rape, the April 4, 2011 “Dear Colleague Letter” issued by the acquaintance rape, sexual assault, domestic violence, dating Office for Civil Rights of the Department of Education. violence, and stalking; and (ii) how to investigate and conduct hearings in a manner that protects the safety of victims and promotes accountability. Such proceedings shall typically be commenced via notification of a complaint from an accuser 40 to an Equity Officer. b. College officials who conduct Proceedings will be trained, at least annually, on (i) issues related to rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking; and (ii) how to investigate and conduct hearings in a manner that protects the safety of victims and promotes accountability. c. Following a final determination of rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking, the College may impose any sanctions or protective measures deemed appropriate, including (but not limited to) the following: educational sanction, reprimand, probation, restitution, fine, denial of privileges, no-contact order, housing transfer or removal, suspension, and/or expulsion. d. An accuser and the accused will be entitled to the same opportunities to have others present during Proceedings, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of his or her choice. e. An accuser and the accused will be simultaneously notified in writing of the outcome of the Proceedings, the applicable appeal procedures, any change to the result before it becomes final, and when the result becomes final. f. Victim confidentiality will be protected by appropriate means in all phases and aspects of Proceedings, including (but not limited to) via record-keeping that excludes, to the extent permitted by law, personally-identifiable information regarding victims. Implementation of Standards and other Requirements Any member of the College community who believes he or she has been subjected to sexual violence (including rape, acquaintance rape, sexual assault, domestic violence, dating violence, and stalking) may report such incident(s) as follows: a. To local law enforcement; or b. To a campus security authority. A victim is encouraged to make such reports, but he or she is not required to notify and seek assistance from a law enforcement agency or a College authority. However, timely reporting of a possible criminal offense can be critical for evidence collection and preservation. The aforementioned reporting options (as well as current contact information for applicable law enforcement agencies, College authorities, victim advocates, counseling and health services, and other relevant services) will be made available to the College community in writing and via www.nwicc.edu. Victims of sexual violence may be entitled to additional legal protections through state or federal courts, including (but not limited to) through no-contact orders, restraining orders, protective orders, or similar orders. The College cannot interpret Student Rights


NCC_Catalog
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