Title IX Harassment/Sexual Violence

Your Rights & Responsibilities
Complaint and Resolution Procedures

Northwest Iowa Community College is committed to creating and maintaining an educational environment and workplace that is free from discrimination and harassment.

WHERE TO GO FOR HELP

Referral and advocacy services are available for any member of the NCC student body, staff, or faculty, who believes he/she has been the victim of sexual abuse. Some of the referral and advocacy services are:

Council for the Prevention of Domestic Violence
(available 24 hours a day, 365 days a year)

Family Crisis Center of Northwest Iowa
800-382-5603

National Victim Center’s Info Link
800-FYI-CALL

Iowa Coalition Against Sexual Abuse
800-942-0333

National Domestic Violence Hotline
800-333-SAFE(7233)

Complaints of sexual harassment, sexual violence, or other misconduct will be investigated and adjudicated in accordance with College policy and procedures, and the Equity/Title IX Coordinators will impartially monitor and facilitate the resolution of such complaints.

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To file a complaint of sexual harassment, violence, and/or other misconduct, contact NCC’s Equity/Title IX Coordinators:

Denise Truckenmiller (employee complaints)
Phone:712-324-5061, Ext. 113

Sarah Breems-Diekevers (student complaints)
712-324-5061 ext. 137

In the absence of the appropriate Equity/Title IX Coordinator, please feel free to contact the other Coordinator or email equity@nwicc.edu to file a complaint.

Policy

It is the policy of Northwest Iowa Community College, in keeping with efforts to establish an environment in which the dignity and worth of all members of the collegewide community are respected, that sexual harassment/sexual violence of students and employees at NCC is unacceptable conduct and will not be tolerated. Sexual harassment/sexual violence may involve the behavior of a person of either gender against a person of the opposite or same gender, when that behavior falls within the following definition.

DEFINITIONS

• Sexual harassment/sexual violence of employees and students at NCC is defined as any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:
– Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic evaluation or employment.
– Submission to or rejection of such conduct is used as the basis for academic decisions or employment affecting that individual.
– Acts of domestic violence, dating violence, and/or stalking.
– Such conduct has the purpose of or effect of unreasonably interfering with an individual’s educational experience or work performance or creates an intimidating, hostile, or offensive education or work environment. For purposes of Title IX, the unwelcome conduct must be severe, pervasive, and objectively offensive to create a hostile environment.

• Sexual assault: An offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

• Domestic violence: Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

• 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.

• 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.

EXAMPLES

• Verbal: sexual innuendo, suggestive comments, insults, threats, jokes or derogatory comments based on gender; sexual propositions or advances; pressure for sexual favors.

• Nonverbal: posting of sexually suggestive or derogatory pictures, cartoons or drawings, making suggestive or insulting noises, leering, whistling, or making obscene gestures.

• Physical: touching, pinching, squeezing, patting, brushing against body; impeding or blocking normal work or movement; coercing sexual intercourse; stalking or assault.

COMPLAINT PROCEDURES

• Persons who feel that they have been a victim of sexual violence under the above definition and wish further information or assistance in filing a complaint, should contact the Equity/Title IX Coordinator(s). All complaints will be investigated promptly, impartially, and confidentially. Upon completion of the investigation, parties will be notified of the finding in writing.

• No student or employee will suffer retaliation for reporting alleged instances of sexual harassment at NCC.

SEXUAL ABUSE/VIOLENCE

• NCC will not tolerate the sexual abuse/violence of students, faculty, and/or staff at any of its campuses, facilities and/or activities. It is the policy at NCC to provide education to help prevent, facilitate the reporting of and provide information on counseling concerning sexual abuse.

• The Crime Awareness and Campus Security Act of 1989 defines sexual abuse as follows: Sexual abuse is an act of sexual conduct by the use of force or threat of force or where the victim was unable to understand the nature of the act or otherwise unable to give knowing consent. (This definition will vary as this crime is defined in state law.)

PRIVACY

Information received by the Equity/Title IX Coordinator(s) in connection with the filing, investigation, and resolution of allegations will be treated as private. The Equity/Title IX Coordinator(s) will disclose your information on a limited basis and only as needed to properly and thoroughly conduct an investigation, for the purposes of addressing conduct or practices that are in violation of the policy, or when required to do so by state or federal laws.

It is the policy of Northwest Iowa Community College not to discriminate on the basis of race, color, national origin, sex, disability, age, sexual orientation, gender identity, creed, religion, and actual or potential parental, family or marital status in its programs, activities, or employment practices as required by federal and state civil rights statutes and all other applicable federal and state laws, regulations and orders. The Board of Trustees shall monitor progress on this policy through the President’s appointed Affirmative Action/Equity Coordinator(s). If you have any questions or complaints related to compliance with this policy, please contact one of the Equity Coordinators at Northwest Iowa Community College, 603 West Park Street, Sheldon, Iowa, room D403b or room A101D, email equity@nwicc.edu, phone number 712-324-5061, extension 113 or extension 242, fax 712-324-4136; or the Director of the Office for Civil Rights, U.S. Department of Education, Citigroup Center, 500 W. Madison, Suite 1475, Chicago, IL 60661, email OCR.Chicago@ed.gov, phone number 312-730-1560, fax 312-730-1576.

The College’s Title IX Coordinator or his/her designee (“Title IX Coordinator”) coordinates the College’s response to reports of sexual harassment. The Title IX Coordinator does not serve as an advocate for either the complainant or the respondent. The Title IX Coordinator will explain to both parties the informal and formal processes and the provisions of confidentiality. Where appropriate, the Title IX Coordinator will provide to both parties information on options for obtaining advocacy, medical and counseling services, and making criminal reports, and will assist with providing information on other resources. The Title IX Coordinator will coordinate with other campus officials to implement and coordinate appropriate supportive measures such as mutual no-contact orders and academic accommodations. The Title IX Coordinator is trained and knowledgeable about enforcement, compliance, communication, and implementation of the College’s anti-harassment and anti-discrimination policy.

The Title IX Coordinators’ contact information is as follows:

Title IX/Equity Coordinator (for employees)
Denise Truckenmiller
Phone:712-324-5061, Ext. 156
Email: dtruckenmiller@nwicc.edu

Title IX/Equity Coordinator (for students)
Sarah Breems-Diekevers
Phone: 712-324-5061, Ext. 242
Email: sbreems-diekevers@nwicc.edu