Policies and Guidelines

It is the intent and desire of Nebraska Methodist College to create an environment for all students and employees that promotes fairness, responsibility, ability and performance. Nebraska Methodist College admits qualified students and hires qualified employees of any race, color, national and ethnic origin and makes available to them all the rights, privileges and activities generally accorded or made available to them at the College. The College shall not unlawfully discriminate against students and employees in any of its educational policies, employment policies, programs, services or benefits on the basis of gender, disability, race, color, religion, age, sexual orientation, financial status, marital status, veteran status or national or ethnic origin. All programs and procedures are designed and administered in a manner intended to enhance, not limit, equal access.

The College shall comply with all applicable federal, state and local laws relating to equal opportunity, including the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as applicable. The foregoing Federal civil rights laws make it unlawful to retaliate against an individual for the purpose of interfering with any right or privilege secured by these laws. The ability of individuals to oppose discriminatory practices, and to participate in investigations conducted by the Office of Civil Rights (OCR) and other proceedings, is critical to ensuring equal opportunity in accordance with Federal civil rights laws. It is unlawful to retaliate against an individual because he or she made a complaint, testified, or participated in any manner in an OCR investigation or proceeding. Thus, once a student, instructor, staff or administration member complains formally or informally to NMC about a potential civil rights violation or participates in an OCR investigation or proceeding, the recipient (NMC) is prohibited from retaliating (including intimidating, threatening, coercing, or in any way discriminating against the individual) because of the individuals complaint or participation.

Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery and sexual coercion.  It is essential that any complaints or inquires related to discrimination be reported immediately to the Title IX Coordinator (Education Compliance Director), located in Riley-Leinart Center 2023, so an investigation and corrective action can be taken. The Title IX Coordinator may be contacted at 402.354.7848 or at ryan.portwood@methodistcollege.edu. Any student or employee who engages in discrimination in violation of this policy is subject to disciplinary action.

As of July 1, 2011, the US Department of Education requires colleges to disclose certain information for each financial aid eligible program that "prepares students for gainful employment in a recognized occupation". The information provided is for our most recently completed academic year - 2012-2013. We hope you find this information helpful in furthering your knowledge of NMC's program so you can make an informed decision about your educational and career plans.

Notification of Student Rights

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An eligible student under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

1. The right to inspect and review the student's education records within 45 days after the day Nebraska Methodist College (School) receives a request for access. A student should submit to the registrar, dean, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
   
   
2. The right to request the amendment of the student's education records that the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
   
   A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
   
   If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student's right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
   
   
3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
   
   The school discloses education records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by Nebraska Methodist College in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of Nebraska Methodist College who performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Nebraska Methodist College.
   
   Upon request, Nebraska Methodist College also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
   
   
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Nebraska Methodist College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
   
   Family Policy Compliance Office
   U.S. Department of Education
   400 Maryland Avenue, SW
   Washington, DC 20202
   
   See the list below of the disclosures that postsecondary institutions may make without consent.

FERPA permits the disclosure of PII from students' education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student -

• To other school officials, including teachers, within Nebraska Methodist College whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
  
  
• To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student's enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
  
  
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university's State-supported education programs.  Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.  These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.  (§§99.31(a)(3) and 99.35)
  
  
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
  
  
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
  
  
• To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))
  
  
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
  
  
• To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
  
  
• To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
  
  
• Information the school has designated as directory information under §99.37. (§99.31(a)(11))
  
  
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
  
  
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school's rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
  
  
• To parents of a student regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

FERPA Frequently Asked Questions

FERPA Non-Disclosure Form (PDF)

FERPA Education Record Release Form (PDF)

Nebraska Methodist College is committed to creating a harmonious community characterized by awareness, integrity, cooperation, and mutual respect of diversity. We strive to identify and eliminate cultural barriers that inhibit success and to affirm, respect, and celebrate cultural differences.

The safety and wellbeing of the NMC community is the overarching goal of the NMC Emergency and Safety Procedure Manual. However, the existence of policies and procedures is of limited value without the active support of the students, faculty, and staff. Everyone at NMC should be prepared to take appropriate and deliberate action when an emergency arises. Safety is everyone's responsibility!

In addition to emergency procedures, prevention is a critical factor in any emergency plan. Faculty, staff, counselors, and students are in the best position to identify and react to any warning signals or potential dangers and must take personal responsibility for reporting concerns. These could range from safety concerns in a laboratory to unusual or suspicious behavior. It is through a trust-based partnership among administration, faculty and staff, and students that our campus can remain safe and focused on education. Refer to the documents below to identify who to call and what to report should you have any safety concerns.

Definition

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational, employment, programs and activities that receive federal financial assistance.  To ensure compliance with Title IX and other federal and state civil rights laws, NMC has developed internal policies that prohibit discrimination and harassment on the basis of sex (see Equal Opportunity/Non-Discrimination Policy).  This policy encompasses all forms of sexual misconduct, including sexual harassment, sexual assault and other forms of sexual violence. Harassment on the basis of sex is a violation of Section 703 of Title VII.

Sexual harassment is defined as any unwanted or unwelcomed communication of sexual nature, whether verbal, non-verbal, physical, written or pictorial, which has the purpose or effect of intimidating the person receiving the communication or any solicitation of sexual contact of any nature when submission to or rejection of such contact:

1. Is used as the basis for either implicitly or explicitly imposing favorable or adverse terms and/or conditions of academic/employment standing.

2. Is used as a basis for decisions affecting employment/academic standing of an individual.

3. Has the purpose or effect of unreasonably interfering with an individual's personal, educational or work experience or creating an intimidating, hostile or offensive work environment.

Any form of sexual assault and other forms of sexual violence (e.g., sexual coercion and sexual battery), whether physical, mental or emotional in nature, is unacceptable behavior and will not be tolerated at NMC. This includes, but is not limited to:

1. Any act done by force against the will of another person. If consent or acquiescence is procured by threats of violence toward any person or if the act is done while the other is under the influence of a drug-induced sleep or is otherwise in a state of unconsciousness, said act is considered against the will of the other person.

2. Any act done against another person who is incapable of giving consent because of mental, developmental or physical disability or lack of legal age to give legal consent (under 19 and not married).

Examples of Prohibited Behaviors

Prohibited acts of sexual harassment may take a variety of forms ranging from subtle pressure for sexual activity to physical assault.  Examples of the kinds of conduct included in the definition of sexual harassment include but are not limited to:

1. Threats or intimidation of sexual relations or sexual contact that are not mutually agreeable to both parties;

2. Continual or repeated verbal abuses of a sexual nature including graphic comments about a person's body, sexually suggestive objects or pictures placed in the work or study area that may embarrass or offend the person, sexually degrading words to describe the person or propositions of a sexual nature; and

3. Threats or insinuations that the person's employment, pay, promotional opportunities, academic grading, classroom or work assignments or other conditions of employment or academic life may be adversely affected by not submitting to sexual advances.

STEP ONE: Initiating a Complaint

-Where to File/Report a Complaint

All members of the NMC community, which includes, but is not limited to, students, faculty, staff, and administration, are encouraged to notify the Title IX Coordinator as quickly as possible if they are personally subjected to or if they observe conduct that may be in violation of the Sexual Harassment Policy (hereinafter referred to as "Complainant") and within six (6) months of the alleged violation(s) as it may impede NMC's ability to conduct a thorough investigation and/or execute appropriate remedial action.

If a member of the NMC community observes a violation of this Sexual Harassment Policy wherein a minor (an individual under the age of nineteen (19) years of age) is involved, they have an obligation to report it to the proper law enforcement agency or Department of Health and Human Services. (Please refer to the "Minors Involved in Nebraska Methodist College Programs" for additional guidance).

This Sexual Harassment Policy applies to and includes complaints alleging harassment by employees, other students, and third parties. The identity of the harasser will not change NMC's duty to address the complaint.

The Education Compliance Director serves as the Title IX Coordinator. Reports of sexual discrimination or harassment may also be brought to the following parties: Dean of Students, College Counselor, Program Director, Academic Dean, College Administrator, or Campus Security (collectively "Responsible Party").

Any member of the NMC community who receives a complaint of sexual discrimination or harassment from a student, College employee, or third-party against the Title IX Coordinator should report the complaint to a College Administrator and/or Human Resources.

Local Law Enforcement Involvement: Notwithstanding the complainant's ability to file/report a complaint under with NMC, the complainant may also file a report with local law enforcement. College personnel will assist the complainant in reporting the alleged offense to the local police if the victim requests such assistance. In addition, the importance of preserving evidence for proof of a criminal offense is conveyed to the complainant at the time of first reporting.

College action against violators of this policy does not in any way preclude the possibility of criminal action by civil authorities, should the complainant wish to pursue this course of action.

To the greatest extent possible, reports of sexual harassment brought anonymously or brought by third parties not directly involved in the harassment will be responded to. The response to such reports may be limited if information contained in the report cannot be verified by independent facts.

-Estimated Timelines

At the initial meeting with the person reporting the complaint, the Responsible Parties will explain the informal and formal resolution procedures that are identified below. The timelines offered in this policy are intended to assist in a prompt and equitable resolution of complaints.  However, during winter breaks and summer sessions, when witnesses may not be available, the timelines may be adjusted to accommodate these circumstances.  Nevertheless, it is NMC's intention to proceed as expeditiously as possible. 

The estimated timeline for informal resolution is fifteen (15) business days from receipt of informal complaint by a Responsible Party.  The estimated timeline for formal resolution is forty-five (45) business days from receipt of formal complaint by a Responsible Party.  If a complaint is referred to a disciplinary process, the estimated timeline for completion of these procedures is thirty (30) business days from the date of the disciplinary referral. Where an estimated timeline cannot be adhered to, the Responsible Party will notify the parties and provide an anticipated completion date. 

­-Confidentiality

It is the College's goal to preserve the confidentiality of any complaint to the fullest extent; however, it cannot guarantee absolute confidentiality. While the Complainant's wishes regarding confidentiality will be considered, they must be balanced against the College's responsibility to respond to such reports and the rights of the person accused of sexual harassment, violence, or discrimination ("Respondent") to be informed of the allegations against them, including their source. The College will limit disclosures to what is reasonably necessary to conduct a fair investigation and determine appropriate disciplinary recommendations. All participants in an investigation will be advised that they are obliged to maintain confidentiality as well.

STEP TWO: Informal Resolution Process

NMC encourages informal resolution when the parties desire to resolve the situation cooperatively.  Participating in the informal resolution process is optional and voluntary. The Complainant can end the informal process at any time and begin the formal resolution process. The goal of information resolution is to resolve concerns at the earliest stage possible, with the cooperation of the parties involved. Efforts for early resolution will be flexible and encompass a full range of possible outcomes, including, but limited to addressing the Respondent participating in mediation (which may be ended at anytime by either party in favor of the formal process), or arranging a remedy for the complainant and/or agreement by the accused to accept a disciplinary sanction. The information resolution process could include by way of example: separating the parties; referring the parties to counseling; conducting targeted educational and training programs; or providing remedies for the individual harmed by the alleged discrimination.

Mediation will not be used to resolve alleged sexual assault complaints.

If the matter is resolved informally to the satisfaction of all parties, the Title IX Coordinator will maintain a record of the complaint and its resolution.

If informal resolution is not possible, NMC will proceed to Step Three for formal resolution of the complaint.

STEP THREE: Formal Investigation and Resolution Process

If early resolution is unsuccessful, inappropriate (e.g. when facts are in serious dispute, reports involve a pattern of behavior, or allege serious misconduct such as sexual assault), or if the Complainant prefers a formal procedure, a formal written complaint may be filed with the Responsible Party.

-Reporting and Timeframes

A formal written complaint should include a detailed description of the conduct that the reporting party alleges to be discriminatory and supporting documentation (if any); name(s) and contact information of the Respondent; Complainant's signature; and the name(s) and contact information of witnesses (if any). A copy of the complaint will be sent to the Respondent within five (5) business days after it is received by the Responsible Party. If the individual(s) accused cannot be located, attempts of notification will be documented. The Respondent will ten (10) working days to respond in writing. Respondent's statement must contain full and specific responses to each claim or complaint, admitting, denying or explaining the Complainant's allegations. The Respondent must sign his or her statement which will then be appended to the original complaint. Within five (5) business days, the Title IX Coordinator will forward both statements to the Complainant, Respondent, and the Methodist Health System's Human Resources Department ("MHS"), if either party is employed by MHS.

-Investigation

Within five (5) business days of Complainant filing a formal written complaint, the Title IX Coordinator shall initiate a formal investigation. If either party is an employee of MHS, the Title IX Coordinator may collaborate with MHS.

During the investigation, and depending on the nature of the allegations, the Title IX Coordinator, in his or her discretion, may interview Complainant, Respondent and/or witnesses; review written documentation and relevant policies; and take other necessary steps to thoroughly investigate the allegations. Interviews with the Complainant and Respondent will occur separately. NMC will ensure that both the Complainant and Respondent are afforded equal opportunities to present relevant witnesses and other evidence.

Disclosure of facts to witnesses and parties is limited to what is reasonably necessary to conduct a fair and thorough investigation.  Participants in an investigation are advised that maintaining confidentiality is essential to protect the integrity of the investigation.

Neither Complainant nor Respondent will be afforded the opportunity to have legal counsel present during any stage.

During the investigation, the Title IX Coordinator may take appropriate interim measures to ensure safety and non-retaliation for all parties. Examples of interim measures include, but are not limited to, separation of parties, no contact directives, and alternative academic or housing arrangements.

The estimated timeline for formal resolution is forty-five (45) business days from receipt of formal complaint by a Responsible Party.  If a complaint is referred to a disciplinary process, the estimated timeline for completion of these procedures is thirty (30) business days from the date of the disciplinary referral. Where an estimated timeline cannot be adhered to, the Responsible Party will notify the parties and provide an anticipated completion date. 

The Title IX Coordinator will use a preponderance of the evidence standard (e.g., more likely than not) when evaluating the allegations and formulating the outcomes of the investigation.

-Resolution

At the conclusion of the investigation, the Title IX Coordinator will notify the concerned parties, including a referral to the appropriate procedures, in writing of the outcome of the investigation within ten (10) business days of the completion of the investigation and its outcome.

Communication of outcome does not constitute a violation of the Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C. 1232g). The Complainant will be informed of the findings and of actions taken or recommended to resolve the complaint. The Complainant may be notified generally that the matter has been referred for disciplinary action but will not be informed of the details of the recommended disciplinary action without the consent of Respondent.

The Respondent shall be informed of the findings and of actions taken or recommended to resolve the complaint and shall be notified generally of referrals and/or recommendation for disciplinary action. 

The Complainant and the Respondent may request a copy of the investigative report. The report will be amended to protect the privacy of personal and confidential information regarding all individuals other than the individual requesting the report in accordance with College policy.

Copies of the investigative report will be provided to College administrators and other College leaders who are directly responsible for implementing measures to correct and prevent discriminatory or harassing conditions.

Appeals Process

An individual may also file a complaint or grievance alleging that the actions taken in response to the reporting did not follow College policy and/or the results of the formal investigation are inaccurate, unfair or unfounded as they perceive them.  The individual shall submit the written appeal to the College President within ten (10) business days of receipt of notification of completion and outcome of the investigation.  The College President will respond within ten (10) business days of his or her decision.  This decision is final.

Retaliation

An individual who is subjected to retaliation (e.g., threats, intimidation, reprisals, adverse employment or educational actions) for having reported sexual harassment in good faith, who assisted someone with a report of sexual harassment, or who participated in any manner in an investigation or resolution of a report of sexual harassment, may make a report of retaliation under these procedures.  The report of retaliation will be treated as a report of sexual harassment and will be subject to the same procedures.

Assurance to Prevent Reoccurrence

The law requires the College to ensure a work and educational environment free from discriminatory harassment and sexual harassment. The College will take all reasonable steps to prevent the reoccurrence of any harassment, and to correct its discriminatory effect on the Complainant and others, if appropriate under the circumstances.

Sexual Harassment/Assault Prevention Programs and Resources

Nebraska Methodist College offers different programs and resources in an effort to prevent and/or remedy occurrences of sexual harassment/assault on its campus or College-sponsored activities. In the month of April each year as part of Sexual Assault Awareness month, the College dedicates one week wherein it holds activities to inform and educate students on topics related to sexual harassment/assault awareness. The College also encourages students who may need to discuss issues relating to sexual harassment/assault to contact the College Counselor. As an affiliate of Methodist Health System, the College may also refer the student to the Heidi Wilke/SANE SART Survivor Program, where specifically-trained on-call staff respond and care for the specific needs of sexual assault patients. Please note, however, that students who believe they are victims of a sexual harassment/assault incident or perceive/observe such an incident, must first report it to the Title IX Coordinator or the appropriate authority listed in the "Reporting" paragraph.