Behavior is recognized as a reflection of professional and personal integrity, which conveys to the community an image of the College and ultimately of healthcare professions.All policies apply to on campus and online students.
Alcohol and Drug Policy
Nebraska Methodist College recognizes that misuse of alcohol and other drugs and the unlawful possession, use or distribution of illicit drugs and alcohol pose major health problems, are potential safety and security problems, can adversely affect academic, clinical, and job performance, and can generally inhibit the educational development of students.
NMC is committed to the standards outlined by the Federal Drug-Free Workplace Act of 1988, the Anti-Drug Abuse Act of 1988, and the Drug-Free Schools and Communities Act Amendments of 1989. As a result of this commitment, NMC has established regulations forbidding students to engage in the unlawful manufacture, distribution, dispensing, possession or use of illegal or illicit drugs and alcohol on NMC premises or property or as part of any NMC activity planned for or by students. These regulations shall assure that NMC is in compliance with all applicable federal, state, and local statutes, regulations, and ordinances.
NMC encourages all members of the college community to maintain civic and social responsibility when making decisions regarding the use of alcoholic beverages off NMC premises. If a student demonstrates unsafe and/or unprofessional behavior that violates professional standards or state practice acts of each academic program, or calls into question the professional accountability of the student, corrective action will follow. Students are expected to adhere to the standards of behavior required of healthcare professionals. A one-time deviation from safe practice may be sufficient to judge a student's behavior unsafe.
Practicing in a clinical setting or coming to class under the influence of alcohol and/or drugs (illegal or prescribed) is prohibited and warrants corrective action. If the College or a clinical site has reasonable suspicion that the student is under the influence of drugs or alcohol, it may require a student to submit to a blood, breath, and/or urine test for drugs and/or alcohol.
Students who may be experiencing drug or alcohol-related use/abuse problems are encouraged to contact the NMC Counseling Office without risk of sanctions, provided the request is not the result of a violation, wherein the student will be evaluated and possibly referred to a substance abuse specialist for assessment, additional counseling, and/or be referred for treatment.
Students who initiate and seek assistance and/or medical treatment on behalf of themselves, another student, or a friend when a serious or life-threatening situation is transpiring as a result of alcohol and/or drugs may qualify for consideration under the Medical Amnesty Policy. In sum, by enrolling at NMC, students acknowledge and agree to the following:
- It is a violation of the Drug and Alcohol Policy for students to consume or possess alcoholic beverages on campus.
- Student possession or consumption of alcohol on NMC premises or property or at any College-sponsored event shall constitute misconduct. A College-sponsored event is any gathering where students are in attendance that is planned for or by students and endorsed by the College.
- Misconduct constitutes a student attending class, clinical, laboratory sessions, practicum or College-sponsored or approved events while impaired by alcohol or drugs (illegal or prescribed).
- Any student or student organization which violates this policy will be subject to disciplinary action which may include immediate dismissal from the College.
- The manufacture, sale, possession, distribution or use of illegal drugs is prohibited.
Procedure for reasonable suspicion testing:
- A student who reports to class or clinical and is reasonably suspected of being under the influence of alcohol/illegal drugs or who is reasonably suspected of impairment due to legally prescribed medication will be removed and will be required to provide specimens for a drug and/or alcohol analysis at that time. Student confidentiality will be maintained as much as possible.
If student is at a clinical site in Iowa or Nebraska and during NMC operating hours*:
- Remove the student from patient care and arrange for student oversight based on the clinical site policy. The student is to remain in that location until drug testing is completed.
- Call the NMC Reception Desk at (402) 354-7000 to report suspected student impairment and provide the following information - name and contact phone number of person reporting the incident, clinical site location (include full address for clinical site and department), student name and program.
- The Receptionist will contact Midlands Testing Services (MTS) at (402) 658-1122 or
- (402) 657-5453 and notify them of the site and contact person. The Receptionist will also contact the Dean of Students at (402) 354-7213 to report the incident.
- MTS will come directly to the clinical site to complete the drug testing. Upon arrival, MTS will call the contact phone number for the location of the student.
- Following the testing, the clinical site supervisor/instructor will inform the student to contact a family member/friend for transportation. If needed, the supervisor/instructor will contact the NMC receptionist to arrange taxi service for the student (Omaha only).
- If the student appears to be impaired and refuses to be tested, assist the student in contacting a family member/friend or call a taxi to take the student home.** If the student tries to leave on their own, call the Omaha or local police department and, using reasonable judgment, attempt to detain the student if possible until they arrive. Do not use force to detain the student or do anything that might place yourself or others at risk.
*Clinical instructors/preceptors at sites outside of Nebraska and Iowa or when the NMC campus is closed, who suspect student impairment due to drugs (illegal or prescription) or alcohol are to remove the student from patient care and contact the Program Director for further instructions.
If student is at the NMC campus:
- The instructor will notify the NMC Reception Desk at (402) 354-7000.
- The Receptionist will contact Security immediately of suspected impairment. The security officer will remove the student from the classroom and escort them to the Student Health Center waiting area.
- The Receptionist will contact Midlands Testing Services (MTS) at (402) 658-1122 or
- (402) 657-5453 and notify them of the site and contact person (Security). The Receptionist will also contact the Dean of Students at (402) 354-7213 to report the incident.
- MTS will come directly to campus to complete the drug testing. Upon arrival, MTS will check in with the receptionist for the location of the student.
- Following the testing, the security officer will inform the student to contact a family member/friend or arrange for a taxi to provide transportation home. Security will supervise the student until their transportation arrives.
- If the student appears to be impaired and refuses to be tested, Security will contact a family member/friend or call a taxi to take the student home. If the student tries to leave campus on their own, Security will call the Omaha Police Department, and using reasonable judgment, attempt to detain the student if possible until they arrive.
2. The student will be required to meet the Dean of Students within 24 hours or the next working day.
3. Students who refuse testing or fail to comply with any step in the process may be suspended or dismissed from NMC.
4. All positive alcohol or drug screens will be referred to a chemical dependency counselor for evaluation at the students' expense. Students are required to follow through with treatment recommendations. When the student is released, they will be informed that clinical placement will be based on availability and may not be guaranteed. This incident may significantly deter academic progression.
Penalties for a confirmed positive drug test
First Positive Test:
- The student will be suspended from clinical courses for a minimum of thirty (30) days.
- The student will be required to see the NMC counselor for referral to a drug/alcohol abuse professional for evaluation and treatment. The length of the substance abuse treatment program will be determined by the treatment program counselor.
- The student will be responsible for any costs associated with the counseling and treatment in the substance abuse treatment program. Referral to the substance abuse treatment program shall be confidential.
- The Academic Dean will be informed of the expected completion date of the substance abuse treatment program and whether or not the student successfully completes the program.
- Reinstatement to clinical coursework is not guaranteed and will be based on successful completion of treatment and course availability.
- A negative follow-up drug test will be required before students are permitted to return to participation in clinical coursework. This testing will be done at the student's expense. Students who are suspended for a positive drug test and successfully complete a substance abuse treatment program will be required to submit to random, follow-up drug testing for up to twelve (12) months. A refusal to participate in a substance abuse program and/or follow-up drug testing will result in immediate permanent dismissal from College.
Second Positive Test: Dismissal from the College and forfeiture of any NMC scholarship.
Updated: August 2015Alcohol & Drug Policy PDF
College Code of Conduct Policy
As a student at Nebraska Methodist College, you have made a commitment to join the College community. Each student's enrollment obligates him or her to demonstrate civilized behaviors - those reflective of the College's core values and student policies. Behavior is recognized as a reflection of professional and personal integrity, which conveys to the community an image of the College and ultimately of health care professions.
As a health care professional, a Nebraska Methodist College ("College") student assumes responsibility for in the delivery of care for patients and others in the community. As stated in the College's mission, Nebraska Methodist College faculty and staff believe each student has a personal commitment and responsibility for understanding the potential impact of personal, as well as professional, behaviors upon others. Thus, adherence to College policies and regulations is required.
It is the responsibility and duty of each student to become acquainted with all provisions contained in the College Code of Conduct. It is presumed that each student, from the date of his/her initial acceptance at the College, has knowledge of this policy, as well as the policies and procedures contained in the program handbook for the program he/she is enrolled. All students are deemed to have agreed to the Code of Conduct and are required to adhere to the provisions contained in the Code of Conduct as a condition of enrollment at the College.
Any member of the College community may be subject to disciplinary action upon violation of this policy.
SECTION I: DEFINITIONS
- "College" means Nebraska Methodist College of Nursing and Allied Health.
- "Student" includes all persons taking courses at the College, either full-time, part-time, or non-degree seeking pursuing certificate, undergraduate, graduate, or doctoral studies. Persons who withdraw after allegedly violating the Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of acceptance for admission are considered "students" as are persons who are living in campus housing, although not enrolled in this institution.
- "Faculty member" means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
- "College Official" includes any person employed by the College, performing assigned administrative or professional responsibilities.
- "Member of the College community" includes any person who is a student, faculty member, College Official or any other person employed by the College. A person's status in a particular situation shall be determined by the President.
- "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks).
- "Organization" means any number of persons who have complied with the formal requirements for College recognition.
- "Complainant" means any person who submits a charge alleging that a student violated this College Code of Conduct. When a student believes that s/he has been a victim of another student's misconduct, the student who believes s/he has been a victim will have the same rights under this Code of Conduct as are provided to the Complainant, even if another member of the College community submitted the charge.
- "Respondent" means any student accused of violating this Code.
SECTION II: SCOPE, LIMITATIONS, AND APPLICABILITY
The Code of Conduct policy applies to incidents occurring on College premises, at College sponsored activities, and as further explained below, to certain situations occurring off-campus that adversely affect the College community or pursuit of its objectives. Conduct that occurs while completing clinical rotation, practicum, internship, externship or other activity directly involved with an academic program of study is also subject to the Code of Conduct. Each student is responsible for his/her conduct from the time of application for admission through the actual awarding of a degree. This policy is in effect before, during and after classes during the academic year including conduct during periods between terms of actual enrollment not discovered until after a degree is awarded. Daily administration, enforcement, and operation of the Code of Conduct are coordinated through the Dean of Students.
This policy does not address Academic Integrity offenses. Academic Affairs administers the academic integrity disciplinary process. Students must contact the appropriate Academic Dean or Program Director for information on disciplinary procedures regarding academic integrity issues.
The Dean of Students shall decide whether the Code of Conduct shall be applied to conduct occurring off campus, on a case-by-case basis, at his/her sole discretion. After review of the alleged misconduct, the Dean of Students will make a determination of whether the alleged misconduct merits the disciplinary process provided herein. Disciplinary action may be taken with respect to any student convicted of, or charged with, a felony, or misdemeanor.
Depending on the severity or nature of the charge, a student who violates the Code of Conduct is subject to a range of disciplinary actions up to and including suspension or expulsion and may be barred from all College-owned and operated property and all College-sponsored events and activities. And too, any member of the College community, who knowingly and willfully misuses the procedures of the Code of Conduct to harm another member of the College Community, shall be subject to disciplinary action.
SECTION III: COOPERATION WITH LAW ENFORCEMENT AUTHORITIES
Nebraska Methodist College cooperates fully with law enforcement authorities and campus security works closely with area law enforcement agencies including the Omaha Police Department. Violations of the Code of Conduct that are also violations of federal or local law may be referred to the appropriate non-College authority. Proceedings under the Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus at the discretion of the Dean of Students. Determinations or sanctions imposed under the Code of Conduct shall not be subject to change including instances where criminal charges arising out of the same facts as the Code violation were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
SECTION IV: STUDENT RIGHTS, FREEDOMS, AND RESPONSIBILITIES
With appreciation for the tradition of freedom of expression on campus, the College is committed to fostering and tolerating different viewpoints. The College acknowledges that points of view will diverge, but will not tolerate disruption to its academic mission or rights of others.
1. General Rights and Freedoms
Students shall have the following rights and freedoms:
a. As members of the College community, all students are guaranteed freedom of expression, inquiry and assembly, the right to form a student government, organize groups, to join associations in support of any cause or common interest.
b. Students have the right of fair access to all educational opportunities and benefits available at the College in an environment that is safe and free of insidious harassment, discrimination, or intimidation.
c. Students have a right to privacy in accordance with the policy expressed in the Family Educational Rights and Privacy Act of 1974 (FERPA).
d. Students have the right and responsibility to report, in good faith, and without fear of retaliation, violations of the Code of Conduct and violations of any other policy of the College, to appropriate academic or administrative officers of the College.
2. Procedural Rights and Freedoms
Students accused of violating the Code of Conduct have the following rights:
a. To have access to all College policies and procedures regarding the functioning of the disciplinary process.
b. To be informed of and to have explained as required the pending charges.
c. To be free from intimidation or retaliation by College employees in the resolution of disciplinary matters.
d. To be free from searches or seizures unless based on reasonable cause by appropriate officials. In accordance with written procedures approved by the Vice President for Enrollment and Student Success (VPESS), searches and seizures may be authorized by the VPESS, his/her designee, and Campus Security.
All students share the following responsibilities:
a. To read, become familiar with, and adhere to the Code of Conduct, the Program handbook of the program that the student is enrolled, the Title IX-Sexual Misconduct policy and Campus Housing Handbook, if living on-campus. Students will also be responsible for understanding all College policies posted on the College website.
b. To respect the personal and property rights of others and to act in a responsible manner.
c. To protect and foster the intellectual, academic, cultural, social, and mission of the College.
d. To observe the laws of local, state, and federal governments.
SECTION V: EMERGENCY ACTION SUSPENSIONS AND INVOLUNTARYADMINISTRATIVE TOTAL WITHDRAWALS
1. Emergency Action Suspension
On rare occasions, this authority may be exercised on an exigent basis to protect a student's own physical or emotional safety and well-being, College property, the health and safety of particular individuals and/or the College community, or to prevent the threat of disruption of, or interference with, the normal operations of the College. On such occasions, the Dean of Students, VPESS or VPAA may take emergency administrative action to immediately suspend a student's enrollment. The student will be notified in writing of this action and the reasons for the suspension. An Emergency Action Suspension Meeting will be held as soon as one can be convened, within thirty (30) days from notification of action. The purpose of this meeting will be to determine if the student may remain enrolled.
2. Involuntary Administrative Total Withdrawals
In situations where the College cannot effectively monitor or control the conditions or behaviors of certain students, it reserves the right to prompt an Involuntary Administrative Total Withdrawal. In circumstances where the mental, emotional and/or physical welfare of the student and various elements of the College community are in jeopardy, or where the student's behavior and conduct become an imminent danger to the student and others, it may become necessary to take emergency action to temporarily or permanently separate a student from the campus community. Further, the College reserves the right to contact the student's parent, guardian, or next of kin in the event of a medical emergency. The Family Education Rights and Privacy Act of 1974 (FERPA) provides for the release of normally protected student information when it is believed that the student represents a health or safety risk to self or others.
This policy will be instituted in the event that a student:
a. Demonstrates behaviors or lack of good judgment, suicidal behaviors, self-destructive behaviors, or has untreated or uncontrollable medical or mental conditions which result in actual or possible imminent danger of injury to themselves or members of the College community.
b. Demonstrates an inability to satisfy personal needs, to include activities of daily living, nourishment and maintenance of shelter.
c. Demonstrates a behavior due to mental, emotional, or medical incapacitation which poses an imminent danger of causing significant property damage, or directly and substantially impedes the lawful activities of others, interferes with the educational process or the orderly operation of the College.
d. Fails to comply with the instructions and guidelines of the Student Development Services staff or Campus Health as a result of an episode of mental or medical crisis intervention.
During the period of involuntary administrative total withdrawal, a student may be denied access to the campus, classes, housing, College activities, and denied privileges for which the student might otherwise be eligible, as the Dean of Students, VPESS, or VPAA, may determine to be appropriate. In making this determination, the Dean of Students, VPESS, or VPAA will consult with appropriate academic administrators and health care professionals, including but not limited to the Student Development Services or Campus Health staff.
i. Timeline of Process
A meeting will be scheduled within thirty (30) calendar days of the student's Emergency Action Suspension or Involuntary Administrative Total Withdrawal, unless the student makes a written request asking that the meeting occur sooner. The Dean of Students will notify the student in writing indicating the reason for the Emergency Action Suspension or Involuntary Administrative Total Withdrawal, as well as the date, time, and place of the meeting. The student will be given an opportunity to respond. Appropriate College personnel may be present or consulted for this meeting. Parents, spouses, or any persons who would be of support to the student may, with the consent of the Dean of Students and the student, participate in the meeting.
The Dean of Students will notify the student in writing of the decision and the basis for the decision within ten (10) business days of the meeting. If it is determined that the student does not present a threat to himself/herself or others, the student will be permitted to continue as a student. If the decision is that the Emergency Action Suspension or Involuntary Administrative Total Withdrawal shall remain in effect, the communication will indicate what, if any, stipulations may govern his or her return to the College. Such stipulations may include providing certification from a healthcare professional indicating the student is able to return to the College.
ii. Appeal of Emergency Action Suspensions and/or Involuntary Administrative Total Withdrawal
Students who wish to appeal Emergency Action Suspensions and/or Involuntary Administrative Total Withdrawals shall submit their appeal to the Dean of Students, who will forward the appeal to the College President.
In those cases, where internal and/or external health professionals were consulted, a report of findings and response to the appeal will be obtained by the Dean of Students. In addition, the President and/or the Dean of Students may require the student, at his or her expense, to obtain a psychiatric/medical evaluation from appropriate professionals external to the College to be presented. The Director of Compliance may be consulted for legal advice before a final decision regarding the appeal of an emergency action is reached. There shall be no further appeal of this decision.
SECTION VI: EMERGENCY ACTION SUSPENSION OF STUDENTS CHARGED WITH A CRIMINAL ACT
A student charged with a crime, either a misdemeanor or felony, by any local, state, or federal entity may be recommended for an Emergency Action Suspension by a Program Director, Academic Dean, or the Dean of Students. In addition, disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the Code of Conduct without regard to the pendency of the civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus at the discretion of the Dean of Students. If criminal charges arising out of the same facts as a result of violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant, the sanctions imposed under the Code of Conduct are not subject to change.
Emergency Action Suspension of a student charged with a criminal act will occur only in situations where the College determines there is a risk of substantial harm to the health or safety of the student or other individuals or to prevent the threat of disruption of, or interference with, the normal operations of the College. An individualized assessment will be made after consultation with the appropriate Program Director, Academic Dean, and Dean of Students, after considering the best available objective information.
It is the College's policy that a student convicted of a felony shall be expelled from the institution, irrespective of the student's current enrollment status. A decision about the continued enrollment of any student convicted of a misdemeanor will be made on a case-by-case basis which may be appealed through the VPESS.
SECTION VII: PROSCRIBED CONDUCT
The following is an illustrative list of proscribed conduct, including actual conduct and attempts to engage in such conduct, which is prohibited by the Code of Conduct. A reasonable suspicion that a student has engaged in or attempted to engage in such misconduct will be subject to the disciplinary sanctions.
Causing any condition that jeopardizes the safety of individuals, groups of individuals, or the College community; participating in conduct or behavior that explicitly endangers the safety and well-being of oneself or others; tampering with safety measures or devices, such as alarm systems, fire extinguishers, exit signs, emergency phone systems, smoke or heat detectors, fire hoses, security systems, locked exterior or interior doors, and sprinkler systems; failing to conform to safety regulations, such as falsely reporting an incident, failure to evacuate facilities in a timely fashion in emergency situations or in response to fire alarms, inappropriate use of the alarm system, and similar conduct; falsely reporting the presence or threat of a bomb or any other dangerous device or condition; having the knowledge of and not reporting an event or act that would potentially endanger members of the College community.
Illegal or unauthorized possession, use, storage or transportation of weapons including firearms, explosives, ammunition, items that eject projectiles, knives, tear gas or dangerous chemicals or any item that any reasonable person would consider to have the possibility of doing bodily harm is prohibited.
Engaging in verbal or physical behavior directed at an individual or group based on national origin, race, creed, gender, religious beliefs, or sexual orientation that according to a person of reasonable sensibilities is likely to create an intimidating or demeaning environment that impedes the access of other students, faculty, and staff to the educational benefits available to them as a member of the College community. Wearing articles of clothing with derogatory, racist, discriminatory, patently offensive, profane, sexually explicit, or graphic messages either in words or pictures, which demonstrate bias or discrimination against any individual or group within the College community, is prohibited. See Title IX-Sexual Misconduct, Equal Opportunity/Non-Discrimination, and Harassment policies.
Engaging in verbal, electronic, visual, written or physical behavior directed at an individual or group that in the view of a person of reasonable sensibilities is likely to provoke, or otherwise result in, a negative or injurious response, mental or emotional distress or related reaction or consequence is prohibited. This behavior may include: making an expressed or implied threat affecting another person's academic pursuits; engaging in unwarranted obstruction or interference with respect to educational, campus activity, or personal pursuits, employment or participation, which includes but is not limited to behaviors or communications which detract or interfere with an instructor's ability to provide instruction in the classroom, laboratory, clinical practicum, or any activity directly related to teaching, instruction or academic advisement and counseling, or any academic support services throughout the College community; creating an intimidating or demeaning situation or environment or inflicting personal, social, academic, psychological or emotional harm, or undue stress. See Harassment policy.
5. Sexual Harassment
See Title IX-Sexual Misconduct Policy.
Any willful attempt or threat to inflict injury upon another person, when coupled with an apparent present ability to do so, and any intentional display of force such as would give the victim reason to fear bodily harm constitutes an assault. An assault may be committed without actually touching or striking, or doing bodily harm. Self-defense may be a mitigating factor to this charge, depending on the circumstances.
7. Sexual Abuse
Sexual abuse occurs when the act is intentional and is committed either by: physical force, violence, threat, or intimidation; ignoring the objections of another person; causing another's intoxication or impairment through the use of drugs or alcohol; taking advantage of another person's incapacitation, state of intimidation, helplessness, or other inability to consent.
An encounter in which physical contact occurs or is threatened between two or more persons with weapons, blows or other personal violence and that may include pushing, shoving, and other acts of physical abuse. Self-defense may be a mitigating factor to this charge, depending on the circumstance.
Course of conduct directed at a specific person that would cause a reasonable person to feel fear. "Course of conduct" is defined as a pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. Stalking can either be physical or electronic in nature.
Hazing is defined as an act, which endangers the mental or physical health or safety of a student. It may include, but is not limited to, the destruction or removal of public or private property, or any activity conducted on or off-campus that causes or intends to cause an unreasonable expenditure of funds, embarrassing, intimidating or demeaning behavior, exposure to situations that could result in physical or emotional harm, or that causes undue stress, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in any sanctioned or unsanctioned group or organization at the College.
11. Alcoholic Beverages
See Alcohol and Drug policy. See also Medical Amnesty policy.
12. Drugs/Controlled Substances
The College prohibits the possession, use, sale or distribution of illegal drugs or the improper use of controlled substances and enforces all local and federal laws that prohibit the possession or sale of illegal drugs or drug paraphernalia. In addition, under federal and local laws, any student convicted of a drug-related offense must be denied all federal assistance, including Pell Grants. Information about remaining eligibility for federal financial aid may be obtained from the Office of Financial Aid. The College has a "zero" tolerance policy on the improper use of controlled substances and expressly prohibits:
a. The possession, use, manufacturing, distribution or intent to distribute and/or sale of a controlled or illegal substance. Examples of these illegal substances are: crack cocaine, ecstasy, date rape drugs, marijuana, cocaine, heroin, or any other narcotic or controlled substance except as expressly prohibited by law. See also Alcohol and Drug policy and Medical Amnesty policy.
b. The illegal possession, use, manufacturing, distribution or intent to distribute and/or sale of drug paraphernalia.
c. Aiding or abetting an individual or individuals who are in illegal possession, or who have an intent to use, sale, or to distribute or who use, sale, or distribute controlled substances or drug paraphernalia, including allowing persons involved in such activities to visit or stay in their apartment, or to be in any College owned or operated property over which they have control.
13. Forgery, Fraud, Dishonesty
Forging the name of a College employee, another student or any other person or entity, altering or misusing official College forms, documents, records, stored data, electronic data bases and College enterprise/information systems, identification of, or knowingly furnishing false information to College officers, officials, faculty and/or employees or providing such information involving or referring to the College to off-campus organizations, institutions, or individuals is prohibited. Making false statements in public or private, including knowingly filing false charges under the Code of Conduct and aiding and abetting another individual in the conduct of such actions also constitutes a violation of this provision. Students may not use the seal, logo(s), motto, trademarks, or other intellectual property of the College without written permission from the College. Authorized student organizations must be pre-approved to reproduce or to have a manufacturer reproduce the College trademarks on merchandise for sale or distribution.
14. Property Damage
The attempt of, or unauthorized removal, use of, or the defacing of College property, or property under College custody or control resulting in its destruction or damage is prohibited.
Attempted or actual theft of and/or damage to property or services of the College; knowingly possessing or transporting stolen property; or improperly using or converting the property of another for personal use is prohibited. The Code of Conduct also includes identity theft.
16. Unauthorized Entry, Use, or Trespassing
Entering or using College facilities or property, or property in the custody or control of the College, for an improper purpose, or without proper authorization, or assisting others in doing so violates the Code of Conduct.
Smoking any and all tobacco products, including electronic cigarettes, or use of smokeless tobacco, are prohibited on campus. See Tobacco-Free Environment policy.
18. Disruptive Conduct
Acting in a manner that impairs, interferes with, or obstructs the orderly conduct, processes, or functions of the College or of any person or persons on College owned or operated property or at any College-sponsored event is in violation of the Code of Conduct. Students whose behavior, communications, or attire may be considered disruptive while participating in academic programs, College activities, programs and general operations. Behaviors would include: use of electronic devices such as cell phones, video games, personal music players, playing computer games during class sessions, laboratory or clinical practicum's and periods of academic instruction, remediation, or tutorial assistance. Disruptive conduct would also include the wearing of apparel or clothing in class, or during academic instruction that is lewd, profane or sexually explicit; attire that conveys messages in print or in picture form that are profane, vulgar, patently offensive, racist or discriminatory, and this conduct disrupts the instructor's ability to maintain decorum or provide academic instruction in the classroom, laboratory, or other instructional environments. This also includes students who engage in disruptive behaviors or communications with an instructor, such as swearing or cursing, which impedes the ability of the instructor to present academic information in the classroom or laboratory, conduct academic advisement, counseling, or tutorial assistance.
19. Unprofessional Conduct
All students are expected to demonstrate professional behavior in accordance with College policies and program specific policies.
20. Electronic Communication
Using College telecommunications, data communication networks or any electronic means owned and operated by the College for illegal or improper purposes or in violation of College regulations and policies, or related federal, state, or local laws.
Harboring is knowingly allowing any fugitive from justice, or any student, employee, or other individual who has been barred from the College, to stay in, or to be transported onto College owned or operated property or facilities is prohibited. This also includes harboring any individual who is considered to be a fugitive from justice or for whom there is an outstanding warrant.
Students as individuals or representatives of student organizations are prohibited from entering into verbal or written agreements or contracts that purport to bind, obligate, or create liability of any kind for Nebraska Methodist College. The College will hold all such students individually liable for any financial or legal consequences or damages that may result from such unauthorized actions.
23. Established Policies and Procedures
The failure to observe any provisions or policies in of the student's program handbook, campus housing handbook, the College website, or appropriate school/college bulletin, pertaining to personal conduct or behavior.
24. Violation of Criminal Codes of the Local, State, or Federal Governments
On or off-campus actions or activities that violate criminal law.
Unauthorized acquisition and/or use of funds belonging to, or under the stewardship of, any College department, organization, or individual.
26. Contempt Of, Or Interference With, Any Disciplinary Program Actions or Activities
Failure to respect the disciplinary program or process, including failing to appear for a meeting if requested to do so, interfering with attendance by any person or persons mandated to attend a meeting or interfering with the disciplinary process violates the Code of Conduct.
27. Social Media
Students are required to follow the applicable federal requirements under HIPAA regulations, including information obtained about patients during clinical rotations and adhere to all applicable college privacy and confidentiality policies. See Confidentiality of Patient Records (HIPAA) policy.
28. Media Contact
Students are expressly prohibited from speaking on behalf of, or for, Nebraska Methodist College with any media organization or publication, or from inviting the same to any College-owned or operated property, facility, or event without the express permission of the College.
29. Presenting False Testimony
Knowingly making false statements regarding a disciplinary matter before, during or after the disciplinary adjudication process is in violation of the Code of Conduct.
SECTION VIII: RESOLUTION PROCESS
Reports of violations of the Code of Conduct may result from a written Incident Report taken by Campus Security or College employee. And too, reports of Code of Conduct violations may result from a Complainant reporting a violation. A Complainant may be a student, College employee, or visitor.
The purpose of the resolution process is to provide for an impartial review and to ensure that the rights of all students are properly recognized and protected. Such review will be accomplished in a collegial, non-judicial atmosphere rather than an adversarial one, and shall allow the parties involved to participate. All parties will be expected to act in a professional and civil manner. Academic and nonacademic decisions made by the College President or Vice Presidents are final and not subject to appeal.
First, the Complainant must review the Code of Conduct to determine the specific provisions violated. Second, the Complainant must complete and file a written report to the Dean of Students of an alleged violation of the Code of Conduct within fourteen (14) calendar days of the incident or knowledge of the incident. Requests submitted after this fourteen (14) calendar day period will only be resolved if extenuating circumstances are present and requires approval of the Dean of Students.
If the Dean of Students determinations a violation of the Code of Conduct may have occurred, the Complainant and the Respondent will be informed in writing by the Dean of Students within fifteen (15) business days after receipt of the request. The Dean of Students will inform the Respondent of the allegation and related information and a timeline to respond.
The Respondent will be given an opportunity to provide his/her account of the incident and allowed to plead "Responsible" or "Not Responsible." If the Respondent fails to respond within six (6) business days of the date of the written notice, the Dean of Students may proceed with scheduling and convening a hearing to resolve the matter.
A plea of "Not Responsible" by the Respondent will result in an investigation of the case by the Dean of Students. The Respondent and the Complainant will be notified of the date, time and place of the hearing.
A plea of "Responsible" by the Respondent will result in a review of the case and determination of appropriate sanctions by the Dean of Students.
2. Hearing Notification
Resolution of a violation of the Code of Conduct is handled through a hearing conducted by the Hearing Officer. The Hearing Officer shall be chosen by the Dean of Students from the pool of trained Title IX Investigators outside the Complainant or Respondent's program of study. If possible, conflicts of interest will be avoided. However, it remains the Complainant or Respondent's responsibility to notify the Dean of Students of such conflict not less than five (5) business days prior to the hearing so an alternative Hearing Officer may be selected.
a. Notification of Hearing
The Dean of Students shall notify the Complainant and Respondent, in writing, of the date, place and time of a scheduled hearing not less than ten (10) business days prior to the hearing date (excluding holidays). Both the Complainant and the Respondent shall be informed that they are responsible for contacting their own witnesses, informing them of the hearing, and ensuring their attendance at the hearing. Witness lists are to be submitted to the Dean of Students at least two (2) business days prior to the hearing. Upon request, the Dean of Students will make copies of the witness lists available to the parties. Upon request, the Dean of Students will notify respective faculty of the approved absence for any students who are participating in a disciplinary procedure.
b. Notification of Inability to Attend a Hearing
If either the Respondent or the Complainant cannot attend a scheduled hearing due to compelling circumstances, he/she must notify the Dean of Students as soon as this fact is known. Written documentation of extenuating circumstances must be provided. Failure to adhere to this policy may result in additional disciplinary action and/or conducting the proceeding without the benefit of the absent person's participation.
c. Document Access
The Respondent and Complainant shall have reasonable access to relevant case documents maintained by the Dean of Students. Documents prepared by the Dean of Students, those submitted during the hearing, and the statements given, will constitute the record the hearing.
d. Failure to Attend
A student accused of violating the Code of Conduct, who has received appropriate notification to attend a scheduled hearing but fails to do so, may be considered in violation of the disciplinary process and subject to further disciplinary action. The Hearing Officer may elect to proceed with the hearing without the Respondent and render a decision based on the evidence presented.
A witness, who is called by the Dean of Students, with evidence critical to the resolution of a violation of the Code of Conduct given reasonable notification of a hearing, but who refuses to attend, may be considered in violation of the disciplinary process and subject to possible disciplinary action.
e. Rules of Evidence and Legal Representation
Nebraska Methodist College's disciplinary proceedings are not subject to the formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court. Rather, Hearing Officer shall make a determination based on whether the record makes it more likely than not that the claims are true.
The Respondent and the Complainant may consult with their personal legal counsel in preparation for a hearing; however, attorneys are not allowed to attend a disciplinary hearing or to represent a student at a hearing. A student may elect to have a peer advisor, at a hearing, who shall serve in an advisory capacity only. Advisors are not permitted to speak or to participate directly in the hearing. Peer advisors must be current students in good academic, disciplinary, and financial standing with the College.
f. Scope of Evidence Considered In a Disciplinary Action
The Hearing Officer shall be the sole judge of the relevancy and admissibility of evidence presented for consideration.
3. Process for Conducting the Hearing
a. Closed Hearings
All hearings are closed to anyone other than those persons directly involved, Dean of Students and/or the designee, the Complainant, Respondent, and witnesses, unless the Dean of Students determines otherwise.
Only those persons with direct knowledge of the incident shall be allowed to appear as witnesses. Those attesting to character alone are not allowed to serve as witnesses. A list of any witnesses speaking on behalf of the Respondent or Complainant must be submitted to the Dean of Students no later than two (2) business days prior to the hearing.
A one-time request for postponement may be considered and granted by the Dean of Students only when he/she determines that there is a compelling reason for the delay. In that event, the Dean of Students will set a new date for the hearing and notify, in writing, all parties involved.
d. Role of the Hearing Officer
The Hearing Officer is responsible for conducting the hearing in a fair manner and recommending such action(s) as necessary to sanction or control disruptive or inappropriate behavior.
e. Burden of Proof
The Complainant carries the burden of proof to establish the Code of Conduct violation of the Respondent. The Complainant must demonstrate that it was "more likely than not" (preponderance of the evidence standard) that the Respondent committed the violation(s) that he/she is being accused. The Respondent should be prepared to respond to charges against him/her with witnesses and/or documents, as appropriate.
f. Deliberation, Decision Making, and Reporting Results to the Dean of Students
The Hearing Officer shall consider all information in the record. The Hearing Officer shall prepare a written report including any recommended sanctions and submit the report to the Dean of Students within five (5) business days of the hearing. The Dean of Students shall notify the Respondent and the Complainant of the decision. Sensitive information considered to determine sanctions shall be deemed confidential and will not be shared with students, except upon written request from any alleged victim of a crime of violence or non-forcible sex act will the results of the College's disciplinary proceedings against the Respondent will be disclosed.
4. Notification of Hearing Outcome
The Dean of Students shall review the recommendations of the Hearing Officer and shall make a final determination on sanctions. The Dean of Students shall then prepare a written memorandum setting forth the decision and any sanctions and notify both parties within twenty (20) business days after receipt of the report. The Dean of Students reserves the right to delay notification when it determines that such delay is in the best interest of the College. When deemed necessary or appropriate by the Dean of Students, it shall notify relevant College officials, programs and organizations of hearing outcomes and sanctions.
SECTION IX: APPEAL
1. Criteria for an Appeal
A finding of "Responsible" for violations of the Code of Conduct and/or the sanctions imposed may be appealed. However, an appeal may result in a reversal or modification of a decision only if one of the following criteria is met. It should be noted that an appeal is not an opportunity to have a new hearing on the matter. As described below, an appeal may only be used to reverse an error or to consider important information that was not available at the hearing.
a. Process - An important procedure leading up to or during the original hearing was ignored or so flawed that the hearing was not fair and impartial.
b. Substantive Error - There was an error in identifying or interpreting the controlling and relevant College policy or standard of conduct and this substantially affected the hearing and resulted in the Respondent being denied a fair hearing outcome.
c. New Evidence - Relevant new evidence has surfaced that could have materially affected the decision or finding of the Hearing Officer. This evidence must be produced and substantiated or documented and it is required that proof be provided that this information was not available at the time of the hearing.
d. Disproportionate Sanction - The sanction levied is manifestly unjust because it is overtly disproportionate to the offense.
2. Process for Filing an Appeal of Disciplinary Action
An appeal must be submitted to the Dean of Students by the student found "Responsible" within five (5) business days of receipt of the letter of notice of initial hearing outcome. The statement must clearly specify the grounds on which the appeal is being made and have attached any supporting documentation. Each case may be appealed only once.
3. Appeal Review Process
The written appeal must be submitted to the Dean of Students. The Dean of Students will forward the appeal to the VPESS. The VPESS shall have the authority to determine if the appeal could reasonably be expected to meet at least one of the four stated criteria. If so ruled, he/she will set up an appeal hearing and notify the parties of its date, time, and location.
If possible, conflicts of interest will be avoided. However, it remains the Complainant or Respondent's responsibility to notify the Dean of Students of such conflict not less than five (5) business days prior to the hearing. If after notification, the Dean of Students determines a conflict of interest exists between the VPESS, the Complainant and/or the Respondent, the Dean of Students will forward the appeal to the Executive Vice President, VPAA, or the President. The Executive Vice President, VPAA or the President shall then have the authority to determine if the appeal could reasonably be expected to meet one of the four stated criteria and administer the appeal hearing in place of the VPESS.
4. Appeal Hearing
Appeal hearings will be limited to a presentation of evidence by the appealing student that directly addresses the grounds for an appeal. No witnesses may be called.
5. Remedies on Appeal
The following actions may be taken by the VPESS, transmitting a recommendation to the Dean of Students:
a. Affirm the original findings.
b. Affirm the original findings, but change the sanction(s) levied.
c. Overturn the original findings and remand to the original Hearing Officer for a new hearing.
6. Notification of Finding
The results of an appeal review will be forwarded to the Dean of Students within twenty (20) business days of the VPESS's decision. Within five (5) business days, the Dean of Students will inform the student who initiated the appeal and the Complainant of the decision. If the case is remanded for a new hearing, the Dean of Students will contact the students about the new hearing. At the discretion of the Dean of Students, a different Hearing Officer may be asked to hear the case.
Each case may be appealed only once. Therefore, the finding of the VPESS is final and binding. Only the Respondent may file an appeal. Appeals filed after the stated deadline will not be considered, except in compelling circumstances, as determined by the Dean of Students.
8. Stay of Sanction(s) During the Appeal Process
The Dean of Students will determine if the sanction(s) imposed on an appellant will be stayed pending the appeal process.
SECTION X: DISCIPLINARY SANCTIONS
The purpose of disciplinary sanctions for violations of the Code of Conduct is to educate students about responsible behavior as members of the Nebraska Methodist College community, to maintain order, and to protect the rights of others. Students found "Responsible" for violating the Code of Conduct are notified of sanctions by the Dean of Students, who also monitors compliance with the sanction. There is no set sanction for any particular offense, with the exception of automatic expulsion for a felony conviction. Sanctions will be determined individually and should reflect the nature and severity of the offense.
1. General Terms
The College reserves the right to apply any sanction for a violation of the Code of Conduct that in its sole discretion appropriately addresses the gravity and frequency of the offense. One or more sanctions may be imposed for any offense. Prior offenses are cumulative and any student found in violation of the same offense or a second offense of equal or greater magnitude may be suspended or expelled from the College. However, evidence of prior violations of the Code of Conduct may be considered after a determination of "Responsible" has been made as part of the process of determining sanctions.
Sanctions are imposed under the Code of Conduct without regard to student classification, prospective graduation date, the time in the semester or term when the violation occurs, scholarship status, or any other factor.
Students who have not completely fulfilled their sanctions may be allowed to register for classes for the subsequent semester if all other financial and academic conditions have been met. However, their registration will be cancelled if they fail to comply with all the stipulations of the sanctions within the time limit set.
The imposition of sanctions is a record maintained in the office of the Dean of Students.
2. Types of Disciplinary Sanctions
One or more of the following sanctions may be imposed for any violation of the Code of Conduct. The failure to comply with an imposed sanction, as directed, can lead to the imposition of more severe sanctions, up to and including suspension or expulsion. The identified sanctions do not represent the full range of sanctions which may be imposed against a student found "Responsible" for a violation of the Code of Conduct.
a. Disciplinary Warning or Reprimand - A disciplinary warning or reprimand is an official written statement of censure. It is used when a student's behavior is unacceptable, but is considered to be minor and/or unintended. It includes a warning that any additional violation(s) of the Code of Conduct may result in more severe disciplinary actions. The written statement shall be delivered to the student via mail or the student's College e-mail account.
b. Letter of Apology to the Aggrieved Party - A student may be required to write a letter of apology to the aggrieved party. A draft copy of the letter must be provided to the Dean of Students for prior approval.
c. Requirement to Seek Counseling - This sanction may be imposed when a student is found "Responsible" for disrupting or uncivil behaviors. In such case, the student shall be required to provide evidence to the Dean of Students of attendance and completion of counseling by a qualified professional.
d. Participation In, or Conducting, Special Workshops, Classes or Seminars - A student may be required to participate in, or to develop, advertise and present special workshops or seminars related to a Code of Conduct violation. In such a case, the student may be required to present a typed summary of the activity to the Dean of Students.
e. Research Assignments - A student may be required to complete a research assignment on a topic related to the Code of Conduct violation within a specified deadline.
f. Community Service - A student may be required to perform work assignments at the College or in the local community.
g. Parent Consultation - Parent/guardian may be contacted when a student's behavior causes alarm, serious disruption, or is a health or safety concern.
h. Persona Non Gratis - Prohibiting entry into a specific building on campus for a specific amount of time due to interference with the community.
i. Termination of Residency - Loss of on-campus housing, without refund, and/or dining privileges, permanently or for a specified period of time.
j. Fine - A monetary sanction issued in the form of a charge to a student account or a deduction from the Residential Life and Housing damage deposit. Fines are most commonly issued for violations of life safety policies or failure to follow college procedures.
k. Withholding of an Official Transcript - May be imposed upon a student who fails to pay a debt to the College.
l. Delay in Awarding Degrees - The College reserves the right to delay the awarding of any degree.
m. Bar Against Re-Enrollment - May be imposed on a student who has a disciplinary case pending or who fails to pay a debt to the College.
n. Restitution - Restitution is reimbursement to compensate for personal injury, property damage, or misappropriation of College or other personal property. It may be in the form of money or services, subject to the discretion of the Dean of Students.
o. Disciplinary Probation - Disciplinary probation may be imposed for a specified period of time. A student may not represent the College in any public function, participate in clinical rotations or hold office in a student organization. Notification of disciplinary probation may be provided to the parents of the student if the College first receives the student's written consent or a FERPA exception applies. Students receiving scholarships for any activities enumerated above may have that scholarship suspended or terminated. Decisions regarding scholarships will be made by the VPESS.
p. Limited Term Suspension - Suspension is appropriate in cases of serious misconduct or in cases when a student has violated a condition of disciplinary probation, or has failed to meet the stipulations of lesser sanctions. A student may be suspended from the College for the remainder of the semester, or summer session, in which the sanction is applied, or any portion thereof, for the next semester, or for any other additional periods determined appropriate by the College. Suspensions are recorded on the student's permanent record (official transcript). Students suspended from the College are required to return their student identification cards, apartment keys and other College property and shall be barred from the campus for the duration of their suspension. Exceptions may be granted to this prohibition by the Dean of Students, if it is determined that the barred student must enter College property for the purpose of conducting official business. If a student returns to the campus without permission during the period of suspension, his or her eligibility to be re-admitted to Nebraska Methodist College is jeopardized and such persons may also be charged with unlawful entry and, thereby, made subject to arrest.
q. Indefinite Suspension - Indefinite Suspension provides for all conditions described in Limited Term Suspensions, but does not give a specific date for the consideration of readmission of the suspended student. This sanction is used in cases of extremely serious misconduct when evidence of rehabilitation must be presented by the student and accepted by the VPAA before the student is readmitted to the College.
r. Expulsion - Expulsion is the most severe sanction that the College may impose. Expulsion is permanent dismissal from the College. In addition, the student is not eligible for readmission to the College and permanently barred from Nebraska Methodist College owned or operated property and from all College-sponsored events. Students expelled from the College are required to return any student identification cards, apartment keys, and other College property and must leave campus immediately upon notification of being expelled. If an expelled student returns to the campus, he or she will be charged with unlawful entry and may be arrested. An expelled student's relationship with the College is severed permanently.
s. Other sanctions as deemed appropriate by the Hearing Officer.
SECTION XI: REVISIONS OF THE COLLEGE CODE OF CONDUCT
1. Periodic Review
The Dean of Students will conduct a full formal review of the Code of Conduct at least every five (5) years or at such other times as it deems appropriate to determine if the College Code of Conduct should undergo a full revision process.
2. Procedure for Revision
If it is determined that the Code of Conduct is in need of full revision, the procedure for developing a new document for recommendation will be as follows:
a. A committee composed of faculty, administrative staff and students will be appointed by the Dean of Students to review the recommendations for changes. The pool of those eligible to serve will come from names submitted by Academic Deans, Program Directors, Faculty Senate, and Student Government. In the event that after appropriate notice, names are not submitted, the Dean of Students shall make appointments.
b. The draft of the revised Code of Conduct is completed by the Dean of Students and forwarded to the Director of Education Compliance for review and comment.
c. Students will be informed of the revisions via email. Comments and concerns will be considered in completing the final draft.
3. Forwarding for Approval
The final document will be authored by the Dean of Students and forwarded, through the Director of Education Compliance to the President and Cabinet for final review.
Amendments to the Code of Conduct deemed necessary by the Dean of Students during periods between formal full reviews and revisions will be prepared by the Dean of Students and forwarded to the Director of Education Compliance and Cabinet for approval and implementation.
Updated: June 2015College Code of Conduct PDF
Drug Prevention Program
Nebraska Methodist College Standards of Conduct regarding illicit drugs and alcohol
- It is a violation of the alcohol policy for students to consume or possess alcoholic beverages on campus.
- NMC students are expected to abide by federal, Nebraska State law, and local Omaha laws.
- Student possession or consumption of alcohol on campus or at any College sponsored student event shall constitute misconduct. A College-sponsored event is any gathering where students are in attendance that is arranged or is endorsed by the College.
- Should a student attend class, clinicals, laboratory sessions, practicums or College sponsored or approved events while under the influence of alcohol or drugs (illegal or prescribed), this shall constitute misconduct.
- Any student or student organization which violates this policy will be subject to disciplinary action which may include immediate dismissal from the College.
- The manufacture, sale, possession, distribution or use of illegal drugs is prohibited.
- The College will cooperate fully with state and federal laws. Section 5301 of the Anti-Drug Abuse Act of 1988 states in part, "if a student is convicted of drug distribution or possession, the court may suspend eligibility of Title IV financial aid.
If a student is convicted three or more times for drug distribution, he/she may become permanently ineligible to receive Title IV financial aid."
Alcohol and Drug Policy
Nebraska Methodist College encourages all members of the college community to maintain civic and social responsibility when making decisions regarding the use of alcoholic beverages. If a student demonstrates unsafe and/or unprofessional behavior and fails to achieve the standard of care, violates professional standards or state practice acts of each academic program, or calls into question the professional accountability of the student, corrective action will follow. Students are expected to adhere to the standards of behavior required of healthcare professionals. Depending upon the degree of actual or potential harm a client may suffer, a onetime deviation from safe practice may be sufficient to judge a student unsafe. In accordance with the College's position on alcoholic beverages or drugs (illegal or prescribed), students practicing in a clinical setting or coming to class under the influence of alcohol and/or drugs is prohibited and warrants corrective action. The College may require a student to submit to a blood, breath, and/or urine test for drugs or alcohol for reasonable cause. A student may request assistance with a drug or alcohol-related use/abuse problem without risk of penalty, provided the request is not the result of a violation. All such requests will maintain the student's confidentiality. See College Catalog for procedure for reasonable cause testing.
Campus Housing Policy
- The use and/or possession of alcohol/alcohol containers, as well as the manufacture, sale, distribution, use and/or possession of illegal drugs/drug paraphernalia is prohibited on campus. The consequences for each resident involved in an alcohol-related violation are as follows:
- 1st Incident - All guests escorted out of Josie's Village and an alcohol awareness session with a College counselor.
- 2nd Incident - Guest privileges restricted for two weeks, 10 hours of community service at NMC and completion of alcohol education course (course fee of $250 to be paid by student).
- 3rd Incident - Alcohol evaluation, resident is placed on housing probation and $500 fine.
- 4th Incident - Eviction from Josie's Village without any refund of rent or deposits paid.
- The consequences for each person involved in an illegal drug related violation at Josie's Village will include the following:
- Automatic eviction of the resident(s) from Josie's Village, without any refund of rent or deposits paid; and
- All names referred to College and local authorities where additional College, local, state, and federal sanctions may apply.
- Sanctions for either type of violation may also include the immediate dismissal of a student from the College.
Drug Screening Policy
The purpose of this policy is to provide a safe working and learning environment for patients, students, clinical and institutional staff and property in the clinical programs of Nebraska Methodist College. Healthcare accreditation organizations mandate that hospitals and other health care agencies require students who participate in the care of patients be subject to the same standards as their employees. Accordingly, submitting a negative urine drug screen is a condition for participation in the clinical component of all programs.
For all programs, submitting a negative drug screen will be a requirement prior to the start of clinical courses. Repeat testing may also be required for cause or to retest a dilute sample. Failure of the drug test, tampering or attempting to tamper with a specimen, or refusal to cooperate with any aspect of this policy, or any health system policy on substance abuse, will result in disciplinary action up to and including dismissal, refusal of enrollment or denial of clinical course progression. The student shall be responsible for paying any and all associated costs of urine drug screening including necessary retesting for any reason. Charges will be added to the students' account.
Test results will be confidential with disclosure of results provided only to approved persons involved in evaluating qualifications for clinical programs. Because of the mandate to comply with health system policies, disciplinary actions against students may be imposed without the customary mechanisms of academic warning and probation. Reports are the property of the NMC, will not be provided to students unless requested, and will be kept in confidential files separate from the student's academic file.
Nebraska Citations and Penalties
|DWI/.08/Refusal||These offenses all fall within the same misdemeanor. Driving while impaired is a violation that includes other drugs.||$400 - $500.00 fine, 7-60 days in jail, 6 month license suspension.|
|Using False ID/Minor Misrepresenting Age||It is a violation to use falsified documents to purchase alcohol. No minor shall obtain, or attempt to obtain, alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold.||Up to $500.00 fine and 6 months in jail.|
|Furnishing a False ID||Any person who knowingly manufactures, creates, or alters any form of identification for the purpose of sale or delivery of such form of identification to a person under the age of twenty-one years. This includes any card, paper, or legal document that may be used to establish the age of the person named thereon for the purpose of purchasing alcoholic liquor.||Up to $500.00 fine and 6 months in jail|
|Consuming Alcohol in Public||It is illegal to consume alcohol on the public right of way. This includes street, sidewalks or any other public property.||Up to $500.00 fine and 6 months in jail.|
|Selling Alcohol Without a License||It is illegal to charge for alcohol in any way e.g., at the door, as a cover charge or by the drink, if you do not have a liquor license.||Up to $500.00 fine and 6 months in jail.|
|Failure to Disperse/Failure to Obey a Lawful Order||You may be cited for failing to leave or obey a specific command if ordered by an officer to do so.||Up to $500.00 fine and 6 months in jail.|
|Felony Assault||Assaulting another person causing serious injury and/or involving the use of a weapon||Depending on the severity of the injury, this offense could result in incarceration.|
|Minor in Possession||No one under the age of 21 may possess, consume, or have physical control of alcohol. Exceptions: a minor may possess or have physical control of alcoholic liquor in his or her permanent place of residence. 19 and 20 year olds may handle alcohol as part of their employment duties.||Up to $500.00 fine and 6 months in jail.|
|Minor Attempt to Purchase||It is unlawful for anyone under the age of 21 to attempt the purchase of alcohol with or without identification.||Up to $500.00 fine and 6 months in jail.|
|Procuring Alcohol for a Minor||It is illegal to purchase alcohol for anyone under the age of 21.||Up to $500.00 fine and 6 months in jail.|
|Disorderly House||This violation enables law enforcement to cite property owners or renters with parties that get out of hand causing a disturbance.||
Up to $500.00 fine and 6 months in jail.
|Misdemeanor Assault||Striking another person causing injury.||Up to $500.00 fine and 6 months in jail.|
|Urinating in Public||It is unlawful for any person to urinate or defecate on a public street, alley, or any other property, public or private, open to or visible to the public.||Minimum $100.00 fine|
Health Risks Associated with Alcohol and Drugs
- Alcohol consumption causes a number of changes in behavior and physiology. Even low doses significantly impair judgment, coordination, and abstract mental functioning. Statistics show that alcohol use is involved in a majority of violent behaviors on college campuses. Continued abuse may lead to dependency, which often causes permanent damage to vital organs and deterioration of a healthy lifestyle. Alcohol use can result in missing class, poor academic performance and disciplinary or legal issues. Other consequences associated with alcohol use include: injury to self or others, being involved in a fight, forgetting where you were or what you did, doing something you later regretted and having unprotected sex.
- Amphetamines can cause a rapid or irregular heartbeat, headaches, depression, damage to the brain and lungs, tremors, loss of coordination, collapse, and death. Heavy users are prone to irrational acts.
- Cocaine/Crack users often have a stuffy, runny nose and may have a perforated nasal septum. The immediate effects of cocaine use include dilated pupils and elevated blood pressure, heart rate, respiratory rate, and body temperature, paranoia and depression. Cocaine is extremely addictive and can cause delirium, hallucinations, blurred vision, severe chest pain, muscle spasms, psychosis, convulsions, stroke and even death.
- Hallucinogens such as Lysergic Acid Diethylamide (LSD) cause illusions and hallucinations. The user may experience panic, confusion, suspicion, anxiety, and loss of control. Delayed effects, or flashbacks, can occur even when use has ceased. Phencyclidine (PCP), another hallucinogen affects the section of the brain that controls the intellect and keeps instincts in check. Hallucinogens can cause liver damage, convulsion, coma, and even death.
- Marijuana may impair or reduce short-term memory and comprehension, alter sense of time, and reduce coordination and energy level. Users often have a lowered immune system and an increased risk of lung cancer. Users also experience interference with psychological maturation and temporary loss of fertility. The active ingredient in marijuana, THC, is stored in the fatty tissues of the brain and reproductive system for a minimum of 28 to 30 days.
- Methamphetamines, known as speed, meth, ice, glass, etc. have a high potential for abuse and dependence. Taking even small amounts may produce irritability, insomnia, confusion, tremors, convulsions, anxiety, paranoia, and aggressiveness. Over time, methamphetamine users may experience symptoms similar to Parkinson's disease, a severe movement disorder.
- Narcotics such as codeine, heroin or other opiate drugs cause the body to have diminished pain reactions. The use of heroin can result in coma or death due to a reduction in heart rate.
- Steroid users experience a sudden increase in muscle and weight and an increase in aggression and combativeness. Steroids can cause high blood pressure, liver and kidney damage, heart disease, sterility and prostate cancer.
Universal Crisis and Drug Abuse Hotline (1-800-392-0280)
Counseling treatment and rehabilitation for drug and alcohol abuse
After a student meets with a campus counselor, recommendations will be made on an individual basis. A violation will result in a meeting with the counselor and referrals to either campus counselors or community resources, with a release to the campus counselor.
Special Note- Please be aware that healthcare providers hold a special responsibility to the public. Drug and Alcohol violations are taken seriously due to the professional nature of Nebraska Methodist College. The State of Nebraska licensing boards require an explanation and description of any misdemeanor or felony before State Boards can be taken.
Updated August 2015Drug Prevention Program Policy PDF
Guidelines for Disciplinary Procedures
Individuals found to be in violation of various rules and regulations may be subject to disciplinary sanctions. It is the belief of the College that sanctions should maximize safety for all students and College constituents, relate to the nature of the behavior, and provide an opportunity for growth and learning. Thus, these examples are not meant to represent the only sanctions that may be used by the College.
Reprimand: A written warning to a student for a violation of College policy. The warning shall include notice that further violations of the same or other regulations will result in a more severe disciplinary sanction. A copy of the warning letter is placed in the student's academic file.
Apology: A required formal apology, given either verbally or in writing (as designated by the sanction), either private or public, to an individual, outside agency, or the College. Evidence of the offering of the apology may be required.
Restitution: In the event of damage, destruction, or theft, a student may be required to make a full and complete reimbursement to the College or others. Restitution for College property, damage, or theft may take the form of financial payment, appropriate service, or other compensation. Failure to make arrangements to pay may result in a hold being placed on the student's NMC account.
Monetary Fine: The student is required to pay a specific monetary fine to the College. Failure to pay or to make arrangements to pay such fines may result in a hold being placed on the student's NMC account.
Work Project: The student is assigned a specific work or service project, as outlined in a work agreement. This sanction will normally be assigned to help the student reflect upon the negative implications of his/her behavior.
Disciplinary Warning: This sanction is administered to serve as a notice to the student that his/her behavior was unacceptable and inconsistent with the College's values and standards of behavior. The Warning will note that any future violations of the policy could result in the imposition of more severe sanctions. In some cases, it may be the preliminary step to Disciplinary Probation. This sanction may also involve specific conditions that may include, but are not limited to:
- Removal from campus housing or relocating within the apartments.
- Restriction of access to specific campus facilities.
- Loss of privileges, to include, but not limited to, the following:
- Active participation in any or all public events sponsored by the College or by students;
- Attendance at any or all public events sponsored by the College or by students;
- Normal visitation rights.
- Work project requirements/assignment.
If a student is found responsible for a violation of the College's Title IX-Sexual Misconduct Policy, a Disciplinary Warning could also include one or more of the following:
- Required consultation with a member of the College's counseling staff, as well as required participation in any on-going counseling and/or educational programming recommended by the counselor.
- Issuance of a public apology by the student.
- Prohibited contact for a specific period of time between the violator and the victim.
Disciplinary Probation: This sanction may involve specified conditions that may include, but are not limited to:
- Removal from campus housing or relocating within the apartments.
- Restriction of access to specified campus facilities.
- Loss of privileges to include, but not limited to, the following:
- Active participation in any or all public events sponsored by the College or by students;
- Attendance at any or all public events sponsored by the College or by students;
- Representation of the College in specified manners;
- Holding office in a College-approved organization;
- Participating in specific extracurricular activities;
- Normal visitation rights.
- Required participation certain groups and/or educational programs as they relate to the violation.
- Required period of appropriate work project.
Disciplinary Probation can also carry other sanctions imposed by certain campus organizations and academic departments. For example, a student on Disciplinary Probation may be ineligible to hold positions in Student Senate, participate in clinical rotation, or hold positions on the student housing staff. Any such sanctions are considered independently by those organizations or departments and may be imposed in addition to the sanctions identified above. Notification of Disciplinary Probation may be sent to a minor student's parents, subject to regulations governing a student's right to privacy.
Suspension: Suspension from classes and/or the College property may occur for a period of up to one (1) regular semester. A student wishing to re-enroll at the end of the suspension period must notify the Vice President of Enrollment and Student Success in writing six (6) weeks prior to the start of the semester.
Dismissal: Dismissal constitutes expulsion from the College. Students who have been dismissed are not eligible for return or reapplication.
Required Assessment and/or Counseling: In the event a student's conduct creates safety concerns and/or violates the NMC Code of Conduct Policy, he or she may be required to receive counseling, not necessarily as a disciplinary measure, but as an attempt to facilitate growth and/or safety. The student's conduct will be individually evaluated based on observations of his or her actions that indicate safety concerns or violations of the Code of Conduct. Following this individual assessment, College, at its discretion, will determine whether the student will be required to obtain treatment or evaluation from a qualified healthcare professional. Based on the results of the student's assessment, the College, using careful judgment, will determine whether the student is otherwise qualified to take classes.
Before the College concludes that the student's conduct merits suspension or other appropriate disciplinary measures, student will be provided with a forum in which he or she will be given a reasonable opportunity to be heard and respond. However, in exigent circumstances, the College may take immediate measures to dismiss or withdraw the student. Any decision to suspend or withdraw a student will be made by the Vice President of Enrollment and Student Success or the Vice President of Academic Affairs and the College President. If the College takes immediate action to dismiss or withdraw the student, the student will be given the opportunity at a reasonable time afterwards to be heard and to present his or her position.
Updated: August 2015Guidelines for Disciplinary Procedures PDF
Matters of Conscience
A student may be assigned to a situation that may pose an ethical dilemma for them. The student who objects to providing care for assigned patients based on matters of conscience will notify the instructor as soon as possible. The student will remain aware that their first responsibility is to the patient, and that they should complete the necessary care to meet the immediate needs of the patient. The student shall not abandon the patient. The faculty will attempt to provide individual guidance to the student in the immediate situation.
Updated: November 2015
Romantic and Sexual Relationships Between Students and Staff Policy
The relationships between students and their teachers, advisors, and others holding positions of authority over them should be conducted in a manner that avoids potential conflicts of interest, exploitation, or personal bias. Given the inherent power differential, the possibility of intentional or unintentional abuse of that power should always be borne in mind. For example, a conflict of interest arises when an individual evaluates the work or performance of a person with whom he or she is engaged in a romantic or sexual relationship. In addition, relationships between students and others holding positions of authority can also lead to possible Title IX sexual harassment claims.
Romantic or sexual relationships between students and persons in positions of authority compromise the relationship between students and the College. No member of the College community should simultaneously be romantically or sexually involved with a student whom he or she teaches, advises, coaches, or supervises in any way. Individuals in such positions of authority must not allow these relationships to develop or continue.
Updated: November 2015
Sexual Harassment/Assault Prevention Programs and Resources
NMC will not tolerate domestic violence, dating violence, sexual assault, stalking or any other forms of sexual misconduct. In accordance with NMC's sexual misconduct policy, NMC utilizes procedures that provide prompt, fair and impartial investigation and resolution of the reported incident. Sexual abuse, domestic violence, dating violence, and stalking of students and/or employees at Nebraska Methodist College are considered acts of criminal behavior and are not tolerated. NMC policy requests an immediate reporting of sexual misconduct/harassment to a College administrator or the Title IX Coordinator.
The Title IX Coordinators for NMC are Molly Atherton, Dean of Students, and Lindsay Hanzlik, Education Compliance Director. Molly Atherton can be reached at (402) 354-7213 or email@example.com and Lindsay Hanzlik can be reached at (402) 354-7259 or firstname.lastname@example.org. After normal business hours, please contact Campus Security at (402) 354-7002. In an emergency, call 9-6911 for Campus Security or 9-911 for local authorities from any NMC phone. The complete policy and procedures can be found on the internet at http://www.methodistcollege.edu/about/policies-and-guidelines/personal-conduct. Also, please see the College Code of Conduct or the Employee Handbook. In both sets of material, information about informing law enforcement authorities is addressed.
Following the initiation of a complaint, the College will investigate the case, as well as assist the individual in reporting the offense to the local police, if requested to do so. After an alleged sex offense, domestic violence, dating violence, or stalking incident is reported, at the victim's request, the College will attempt to make changes to his/her academic and living situations if options are reasonably available.
Reporting a sexual assault may help to prevent another assault. Reporting the incident does not mean the victim must proceed with a prosecution. Immediately following the incident, the victim should try and write down everything he/she remembers about the incident. In accordance with the NMC's Title IX-Sexual Misconduct Policy and the Violence Against Women Act, students are encouraged to report incidents of sexual assault, domestic violence, dating violence, and stalking to the Title IX Coordinators, College Counselor, Program Director, Academic Dean, College Administrator or Campus Security.
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. Primary prevention and awareness programs are presented by Student Developmental Services (SDS) staff and orientation leaders at New Student Orientation, as well as during designated awareness periods such as AIDS Awareness Day or Sexual Harassment/Sexual Violence Awareness Week. During these prevention and awareness programs, SDS informs students that NMC prohibits domestic violence, dating violence, sexual assault, and stalking.
The College also encourages students who may need to discuss issues relating to sexual harassment/assault to contact the College Counselor, Student Health or Title IX Coordinators. Counselors are available on campus to provide confidential counseling services at no charge. In the interests of protecting the identity of the victim, counselors are not required to report crimes discussed with them in their role as a counselor. Counseling referrals may also be made to off-campus mental health care providers upon request or as needed. To make an appointment with a counselor, or to receive information about other student services and programs, contact the Counseling Center at (402)354-7213.
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. Students who believe they are victims of a sexual harassment/assault incident or perceive/observe such an incident are encouraged to report such incident to the Title IX Coordinators or the appropriate authority listed in the "Reporting" paragraph of NMC's Title IX-Sexual Misconduct Policy.
Updated: July 2015Sexual Harassment & Assault Prevention Programs PDF
Sexual Misconduct Policy
Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence and Stalking
Nebraska Methodist College (NMC) strives to create a respectful, safe, and non-threatening environment for its students, faculty, staff, administrators and visitors. This policy sets forth the resources available to students, describes prohibited conduct and establishes procedures for responding to sexual misconduct incidents that include sexual harassment, sexual assault, domestic violence, dating violence, stalking and other unwelcome behaviors as explained below.
NMC prohibits discrimination, which can include disparate treatment directed toward an individual or group of individuals on race, ethnicity, sex, color, religion, national origin, physical or mental disability, age (40 and over), marital status, sexual orientation, pregnancy, gender identity, status as a U.S. Veteran (disabled, Vietnam, or other), or other protected class, that adversely affects their employment or education. For religion or disability, the law allows employees and students to request reasonable accommodation to continue their work or studies.
NMC also prohibits sexual misconduct in any form, including sexual assault or abuse, sexual harassment, sexual violence, stalking, dating violence, domestic violence and any other forms of unwelcome conduct of a sexual nature, all of which can be forms of sexual discrimination. Members of the NMC community should be able to live, study, and work in an environment free from sexual misconduct.
It is the position of NMC that sexual misconduct in any form will not be excused or tolerated. It is the College's goal to prevent the occurrence of discriminatory and harassing activity and to promptly stop such conduct. While grounded in state and federal non-discrimination laws, this policy may cover those activities which, although not severe, persistent, or pervasive enough to meet the legal definition of harassment, are unacceptable and not tolerated in an educational or work environment.
All members of the administration, faculty, staff and students will be subject to NMC's disciplinary process for violation of this policy. Persons engaged in prohibited conduct may also be subject to criminal and civil procedures at state and/or federal levels. NMC is committed to fair and prompt procedures to investigate and adjudicate reports of sexual misconduct and to the education of the NMC community about the importance of responding to all forms of sexual misconduct. Special emphasis is placed on the rights, needs, and privacy of the person with a complaint, as well as the rights of the accused. At the same time, NMC adheres to all federal, state, and local requirements for intervention and crime reporting related to sexual misconduct.
Scope and Jurisdiction
This policy includes all NMC students, administrators, faculty, staff, visitors, and applicants for employment or admission.
In accordance with Section 2 of NMC's Code of Conduct, this policy shall cover both on-campus and off-campus conduct, as defined herein.
On-Campus Violations: This campus includes the geographic confines of NMC, including its land, institutional roads and buildings; its leased premises, common areas of leased premises, student housing and alumni center.
Off-Campus Violations: Students should be aware that off-campus violations having the effect of excluding participation in, denying the benefit of, or subjecting a student or employee to educational program or activities on the basis of sex are subject to disciplinary sanctions. As a non-exhaustive list of examples, sexual misconduct, sexual harassment, sexual violence, dating violence, domestic violence and stalking are within NMC's interests when the behavior:
- Involves conduct directed at or by an NMC student or other member of the College community, as defined in NMC's Code of Conduct, Section 1.5, (e.g., private house party, outside employment);
- Occurs during NMC-sponsored events (e.g., field trips, social or educational functions, College-related travel, student recruitment activities, clinical or practicum experiences);
- Occurs during the events of organizations affiliated with NMC, including, but not limited to, student organization events; or
- Poses a disruption or threat to the NMC community.
NMC is committed to creating an environment that encourages reporting any form of sexual misconduct. If you are the victim of a crime and do not want to pursue action within the College system or the criminal justice system, you may still want to consider making a confidential report. However, while the College will work to safeguard the identity and privacy of the victim, NMC cannot guarantee complete confidentiality. NMC will make all reasonable efforts to disclose only to select officials who have an essential need to know in order to carry out their College responsibilities. As is the case with any educational institution, NMC must balance the needs of the individual with its obligation to protect the safety and well being of the community at large. Therefore, depending on the seriousness of the alleged incident, further action may be necessary, including a campus security alert. The alert, however, would never contain any information identifying the individual who brought the complaint.
A bystander is someone who observes problematic behavior or a dangerous situation and has the opportunity to intervene. If you see something, say something. Contact campus security or other authorities, provide the victim with support, or report to campus or local counseling/crisis center for support and options.
Sexual Harassment is defined as any unwelcome conduct of a sexual nature and can include unwanted or unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or sexual violence. Determination as to whether the alleged conduct constitutes sexual harassment should take into consideration the totality of the circumstances, including whether it 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.
Under this policy, sexual harassment can be verbal, visual, or physical. It can be overt, as in the suggestion that a person could get a higher grade or a raise in salary by submitting to sexual advances. The suggestion or the advance need not be direct or explicit--it can be implied from the conduct, circumstances and relationships of the persons involved. Sexual harassment can also consist of persistent, unwelcome attempts to change a professional or academic relationship to a personal one. It can range from unwelcome sexual flirtations and inappropriate put-downs of individual persons or classes of people to serious physical abuses such as sexual assault.
Examples could include, but are not limited to, unwelcome sexual advances; repeated and unwelcome sexually-oriented bullying, teasing, joking, or flirting; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess, or sexual deficiencies; derogatory or demeaning comments about women or men in general, whether sexual or not; leering, touching, pinching, or brushing against another's body; or displaying objects or pictures, including electronic images, which are sexual in nature and which create a hostile or offensive work, education or living environment.
Sexual Assault is defined as a severe form of sexual harassment, including physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to use of drugs and/or alcohol or to an intellectual or other disability. Examples of sexual violence include rape, sexual assault, sexual battery, and sexual coercion.
See also Neb. Rev. Stat. Sec. 28-319 for degrees of sexual assault and their associated penalties.
Dating Violence is defined as violence committed against a person a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and b) where the existence of such relationship shall be determined based on a consideration of (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship.
Domestic Violence is defined as felony or misdemeanor crimes of violence committed by current or former spouse of the victim, by a person with whom the victim shared a child in common, by a person who is cohabiting with or has cohabited 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 receiving grant monies, or by any other persons against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of Nebraska.
Stalking is defined as 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 suffer substantial emotional distress. Such conduct may include, but is not limited to, the following:
- Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, text messages, written letters, unwanted gifts, etc.;
- Cyber stalking - Use of online, electronic or digital technologies, including:
- Posting of pictures or information in chat rooms or on websites;
- Sending unwanted/unsolicited email or talk requests;
- Posting private or public messages on Internet sites, social networking sites, and/or school bulletin boards;
- Installing spyware on a victim's computer;
- Using Global Positioning Systems (GPS) to monitor a victim;
- Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim;
- Surveillance or other types of observation, including staring or "peeping";
- Non-consensual touching;
- Direct verbal or physical threats;
- Gathering information about an individual from friends, family and/or co-workers;
- Threats to harm self or others; and
- Defamation - lying to others about the victim.
See also Neb. Rev. Stat. §§ 28-311.02 - 28-311.05.
Conduct constituting sexual misconduct, as defined herein, toward another person of the same or opposite sex is prohibited by this policy.
Consent is informed and freely and actively given. Consent is communicated through mutually understandable words or actions that indicate willingness by all of the involved parties to engage in the same sexual activity, at the same time, and in the same way. Clear and open communication is an essential element to conveying and understanding consent. Any person who contemplates initiating any form of sexual activity is strongly encouraged to talk with all involved parties before engaging in such activity. While it is the responsibility of the initiator of a specific sexual activity to obtain consent, individuals should communicate as clearly and verbally as possible with all parties about what they do and do not want.
Reporting Sexual Misconduct
STEP ONE: Initiating a Complaint
Where to File/Report a Complaint
Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to and resolution of objectionable behavior. Contact 911 if you are in immediate danger.
In addition, to reporting to law enforcement, victims also have the option to seek protective or disciplinary action directly with NMC. NMC encourages anyone who believes that he or she has been subjected to sexual misconduct or any prohibited discrimination as set forth in this policy to immediately file a complaint with the Title IX Coordinator, any other member of the College community, including a College Counselor, Program Director, Academic Dean, College Administrator or Campus Security ("Responsible Party"), or local law enforcement. Any of the foregoing NMC parties who receive a complaint or initiate a complaint, are responsible for reporting the incident to the Title IX Coordinator.
The Title IX Coordinators for NMC are Molly Atherton, Dean of Students, and Lindsay Hanzlik, Education Compliance Director. Molly Atherton can be reached at (402) 354-7213 and Lindsay Hanzlik can be reached at (402) 354-7259. Offices for both Title IX Coordinators are located at 720 North 87th Street, Omaha, Nebraska. After normal business hours, please contact Campus Security at (402) 354-7002. In an emergency, call 9-6911 for Campus Security or 9-911 for local authorities from any NMC phone.
Molly Atherton will facilitate responsibilities relating to implementation and administration of the grievance process, including but not limited to, providing consultation and information regarding Title IX requirements to potential complainants, and initial and ongoing education for NMC students. Lindsay Hanzlik will be responsible for implementation, administration and review of the College's Title IX policies and procedures, initial and ongoing education for NMC employees as well as overseeing the grievance procedures, including but not limited to, monitoring compliance of all requirements and time-lines specified in the grievance procedures.
Students, faculty, staff, and visitors who witness or are aware of suspected incidents of sexual harassment, sexual misconduct, or any prohibited discrimination set forth in this policy, are encouraged to immediately report the incident to Campus Security, the Title IX Coordinator or any other member of the College community, including a NMC Administrator, Academic Dean, Program Director or Counselor.
If a member of the NMC community observes a violation of this Sexual Misconduct Policy wherein a minor (an individual under the age of nineteen (19) years of age) is involved, Nebraska law requires them to report it to the proper law enforcement agency or Department of Health and Human Services. See Neb. Rev. Stat. § 28-711. A report should also be made to Campus Security, if the victim is facing immediate danger. (Please refer to the policy "Minors Involved in Nebraska Methodist College Programs" for additional guidance).
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 the NMC President and/or Human Resources. The NMC President will designate an appropriate person to conduct the investigation required by informal or formal resolution procedures. The written report of the investigation shall be presented to the President, who will prepare and issue the written determination. The determination is subject to appeal.
In 2013, The Violence Against Women Reauthorization Act imposed new obligations on colleges under the Campus Sexual Violence Act ("Campus SaVE Act") provision. In accordance with the Campus SaVE Act, students or employees reporting victimization of domestic or dating violence, sexual assault, and stalking, will be provided, upon request, their written rights, which are:
- To be assisted by campus authorities if reporting a crime to local law enforcement;
- Change academic, living, transportation, or working situations to avoid a hostile environment;
- Obtain or enforce a no contact directive or restraining order;
- Have a clear description of NMC's disciplinary process and know the range of possible sanctions; and
- Receive contact information about existing counseling, heath, mental health, victim advocacy, legal assistance, and other services available both on-campus and community.
NMC will provide written notice of these rights when a student or employee reports their victimization. Producing this statement in written format to the victim shall meet the requirement of providing the victim of their rights.
- Local Law Enforcement
Notwithstanding the victim's ability to file/report a complaint with NMC, the victim may also file a report with local law enforcement. College personnel will assist the victim 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 victim 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 victim 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.
- Office for Civil Rights
An individual to whom this policy applies may also file a complaint with the Office for Civil Rights (OCR); however, NMC encourages you, but does not require you to, to first file/report any sexual harassment, assault, or violence complaint with any of the NMC parties named herein. For more information and/or to file a complaint with OCR, please go to: http://www2.ed.gov/ about/offices/list/ocr/qa-complaints.html.
- Methodist Health System Compliance Reporting
Any member of the NMC community may also file a complaint of sexual harassment, assault, or violence by using the Methodist Health System Compliance Reporting website: https://nmhs.alertline.com/gcs/welcome. Please be advised this site is not an emergency service.
At the initial meeting with the person reporting the complaint, the Responsible Party will explain the informal and formal resolution procedures that are identified below to the victim. The timelines offered in this policy are intended to assist with 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.
STEP TWO: Resolution Process
Both the Complainant and Respondent shall be simultaneously informed, in writing of:
- The outcome of any institutional disciplinary proceeding;
- The procedures for the Respondent and the Complainant to appeal the result of the proceeding;
- Any change to the results before it becomes final; and
- When such results become final.
And, whether through an informal or formal process, which shall be conducted by NMC officials who receive annual training on issues related to domestic and dating violence, sexual assault/harassment, and stalking along with how to conduct an investigation and hearing process that protects the safety of the victim(s) and promotes accountability, NMC will provide a prompt, fair and impartial investigation and resolution.
NMC has adopted an informal process through which non-student harassment and discrimination complaints may be resolved promptly and discreetly, often through communication, education, and/or mutual agreement. 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 informal 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 informal 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, the Title IX Coordinator will proceed to formal resolution of the complaint.
Formal Process-Investigation and Resolution
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 requests a formal procedure, a formal written complaint may be filed with a Responsible Party.
Reporting and Investigation
Reporting a sexual assault may help to prevent another assault. Reporting the incident does not mean the victim must proceed with a prosecution. Immediately following the incident, the victim should try and write down everything he/she remembers about the incident.
In order to initiate, if necessary, an investigation process, the Complainant should submit a signed, written statement, including the Complainant's name, signature, contact information; the name of the person directly responsible for the alleged violation; a detailed description of the conduct or event that is the basis of the alleged violation; the date(s) and location(s) of the occurrence(s); the names of any witnesses to the occurrence(s); the resolution sought; and any documents or information that is relevant to the complaint. While an investigation may begin on the basis of an oral complaint, the Complainant is strongly encouraged to file a written complaint. If either party is an employee of MHS, the Title IX Coordinator may collaborate with MHS.
When a Responsible Party receives a complaint with a written statement, the individual receiving the complaint shall immediately notify the Title IX Coordinator. Once a complaint is filed with the Title IX Coordinator, it will be assessed and, if an investigation is warranted, the case will be assigned for investigation to a staff member or designee.
In the event the Title IX Coordinator finds an investigation may not be warranted, he/she may also dismiss the complaint if the facts alleged in the complaint, even if taken as true, do not constitute prohibited harassment or discrimination; the complaints fails to allege any facts that suggest prohibited harassment or discrimination occurred or the appropriate resolution or remedy has already been achieved, or have been offered and rejected. If it is determined that a complaint will not be investigated, the Title IX Coordinator will contact the Complainant and/or send the Complainant a notification letter explaining the reason for the dismissal and informing the Complainant that, within fifteen (15) work days of the notification, he or she may appeal the decision not to proceed with a complaint investigation to the President of NMC. The written appeal must explain why the decision to dismiss the complaint was in error. The President of NMC will respond within twenty (20) work days of receipt of the appeal. The NMC President's decision is final. If the decision to dismiss is overturned, the complaint is sent back to the Title IX Coordinator for investigation in accordance with the procedures outlined herein.
If the Title IX Coordinator finds an investigation is warranted, he/she will provide the Respondent with a copy of the complaint and allegations within ten (10) working days of the Title IX Coordinator's receipt of the written complaint. If Respondent cannot be located, attempts of notification will be documented. Respondent will have 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. Respondent must sign his or her response which will then be appended to the original complaint. Within five (5) business days of the Respondent's response, 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. If Respondent fails to respond within time noted above, the Title IX Coordinator may proceed with scheduling a hearing in accordance with Section 9 of the College Code of Conduct.
During the investigation, and depending on the nature of the allegations, the party assigned to investigate the complaint, 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.
Both the Complainant and Respondent have the opportunity to be accompanied by an advisor of their choice to any meeting or proceeding related to the incident.
During the investigation, the party assigned to investigate the incident 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.
Upon completion of the investigation, a written report will be issued to the Title IX Coordinator. The report shall include: a recommendation of whether a violation of the policy occurred, an analysis of the facts discovered during the investigation, any relevant evidence, recommended disciplinary action if a violation of this policy occurred, and any recommended remedial action. Factual conclusions shall be based upon a preponderance of the evidence standard (e.g., more likely than not).
A copy of the report will be provided to the Complainant, the Respondent, and the Vice President for Enrollment and Student Success, who will be the final arbitrator, if the Respondent is a student. NMC defers employment related matters of faculty and staff to MHS. 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. Notwithstanding the foregoing, NMC may permit the disclosure to the victim of the final results.
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.
Policy Violation Finding
If the Vice President for Enrollment and Student Success determines that this policy was violated, he or she will refer the matter for disciplinary action in accordance with the College's applicable disciplinary procedures, which can be found in the College Code of Conduct. If the Respondent is an employee of NMC, the matter will be referred to MHS who will handle it in accordance with its policy and procedures for discipline and dismissal of employees.
The Complainant and Respondent will be provided with a written copy of the outcome of the disciplinary proceedings. However, if the complaint is filed against a student, information sent to the Complainant will be in compliance with FERPA.
Possible Disciplinary Sanctions
The purpose of disciplinary sanctions for violations of this policy is to educate students about responsible behavior as members of the NMC community, to maintain order, and to protect the rights of others. There is no set sanction for any of the offenses provided in this policy, with the exception of automatic expulsion for a felony conviction. Sanctions will be determined individually and will reflect the nature and severity of the offense. Notwithstanding NMC's right to impose a sanction under this policy, students may also be subject to penalties at the local, state, and federal level.
The College reserves the right to apply any sanction for a violation of the College Code of Conduct that, in its sole discretion, appropriately addresses the gravity and frequency of the offense. One or more sanctions may be imposed for any offense. Prior offenses are cumulative and any student found in violation of the same offense or a second offense of equal or greater magnitude, may be suspended or expelled from the College. However, evidence of prior violations of the College Code of Conduct may be considered after a determination of "Responsible" has been made as part of the process of determining sanctions.
For a list of disciplinary sanctions, please see the "College Code of Conduct."
Once written notification of the resolution has been provided, either the Complainant or Respondent will be afforded the opportunity to appeal any disciplinary action imposed. NMC will follow the appellate process found in the College Code of Conduct, Section 16.
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, are encouraged to first report it to the Title IX Coordinator or the appropriate authority listed in the "Reporting" paragraph.
Updated: September 2014