Upon a report of a Title IX concern, the University should work with the Complainant (reportee) to put interim measures in place to ensure a safe, hostile free environment for the student. Following an investigation and a determination that conduct prohibited by Title IX occurred, more permanent accommodations and safety measures may be implemented.

Accommodations and safety measures (including interim measures) could include:

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Housing accommodations

Counseling services

Academic accommodations 

Escort services

No contact or stayaway letters

Limitation on extracurricular or athletic activities

Removal from University community

Other appropriate actions as necessary

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The accommodations extend to housing, dining, work, and academic settings the reportee and respondent frequent.

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Students who have a disability, including those who develop a disability as a result of experiencing sexual misconduct, may be entitled to additional services and supports as accommodations (e.g., the reasonable modification of policies, practices, or procedures or the provision of academic adjustments) under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Section 504 Regulation, 34 C.F.R. Part 104, or in cases of public schools under Title II of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12131 et seq., and the Title II Regulation, 28 C.F.R. Part 35, or in cases of private schools under Title III of the ADA, 42 U.S.C. §§ 12181 et seq., and the Title III Regulation, 28 C.F.R. Part 36. 

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Dear UNL demands clearly defined in addition to an extension of supportive measures and accommodations to victims of sexual misconduct.

The Title IX advocate’s responsibility is to work collaboratively with the reporter/respondent and the Title IX Coordinator(s) to protect and advocate for survivors of sexual violence and gender-based violence. If need be, advocates will assist students and families in filing Title IX complaints to the proper authorities, attend meetings with families at their schools and connect them to invaluable community resources and services to address the aftermath of sexual and gender-based violence. If warranted, advocates will also refer families to further legal assistance.

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Dear UNL demands an increase in training and support for current advocates. 

Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance in and of themselves do not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.”

In addition to its warning requirements, the Clery Act requires colleges and universities to provide an Annual Security Report detailing campus policies on the following topics:

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How a school works to prevent crimes

How the school encourages reports of crime

Who should receive crime reports on campus

How a school issues a timely warning

What campus procedures are followed when a crime is reported

Whether campus security can arrest and initiate criminal investigation (or whether the report must go to the local police and which police would have jurisdiction)

How a victim can: preserve evidence; report a crime to campus officials, the police, or both; receive assistance from campus officials to report to police; decline to report to the police; report confidentially; receive accommodations upon request; and contact support services on or off campus

What remedies and accommodations may be available to victims

What the campus disciplinary process entails

What standard of evidence is used in campus disciplinary hearings

How the school monitors crime reports from student organizations off campus

Where local sex offender registry information can be obtained

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Dear UNL is unable to find UNL’s warning requirements at this time.

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The terms “Appeals Board” and “University Appeals Board” refer to that body of students and faculty selected pursuant to the provisions of Article IV, paragraph 11.1, which hears appeals of the decision made by the Conduct Board.

Colleges and universities must have a policy on campus disciplinary proceedings (from investigation to the hearing to the final resolution) for dating violence, domestic violence, sexual assault, and stalking.

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Such campus disciplinary proceedings must:

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Be prompt, fair and impartial

Be adjudicated by officials receiving annual training on: issues of dating violence, domestic violence, sexual assault, and stalking; and conducting investigations and hearings that protect safety of victims and promotes accountability

Procedural rights for both victim and accused include:

Same opportunity to have others present as witnesses

Opportunity to be accompanied by an advisor of their choice

Receive simultaneous written notification of: delay and the reason for the delay; outcome of disciplinary hearing; opportunity to appeal the result; changes to results; results that are final; and reason for the results and sanction imposed

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Multiple Dear UNL members receieved unequal treatment at this stage of the reportig process. Some survivors were provided this information while others were not. Title IX requires this information to be presented to all parties. Dear UNL demands a notarized copy of rights and changes in procedure as each case is investigated. 

As defined by Merriam-Webster: “an act of demanding or asking especially with authority, usually something claimed as due or owed."

Both the Clery Act and Title IX guidance require school employees that address sexual violence complaints to have appropriate training. The U.S. Department of Education (ED) also recommends that professors, campus police, administrators, counselors, health center staff, cleaning staff, coaches, resident advisers and others likely to receive reports be trained on how to identify and report sexual harassment and violence.

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According to the Department of Education, schools need to:

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Ensure that responsible employees with the authority to address sexual violence know how to respond appropriately to reports of sexual violence; that other responsible employees know that they are obligated to report sexual violence to appropriate school officials; and that all other employees understand how to respond to reports of sexual violence.

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Make sure professional counselors, pastoral counselors, and non-professional counselors or advocates understand the extent to which they may keep a report confidential.

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Provide training to all employees likely to witness or receive reports of sexual violence, including teachers, professors, school law enforcement unit employees, school administrators, school counselors, general counsels, athletic coaches, health personnel, and resident advisors.

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A school also should train responsible employees to inform students of:

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The reporting obligations of responsible employees;

Students’ option to request confidentiality and available confidential advocacy, counseling, or other support services; and

Their right to file a Title IX complaint with the school and to report a crime to campus or local law enforcement.

Under Title IX, both the accuser and accused have equal rights, such as the right to:

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Have an adviser of choice present during the process (this includes an attorney if allowed at all by schools)

Present evidence or have witnesses speak on their behalf

Have timely access to information that will be used at the hearing

Be present at pre-hearing meetings that provide an opportunity to present their testimony

Receive the final hearing decision in writing at the same time as the other party without being required to sign a non-disclosure agreement

Have the right to appeal a final decision (The 2017 Interim Guidance states that a school may choose to allow appeals solely by the responding party or by both parties. Learn more.)

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In addition, since Title IX is a federal civil right, the appropriate standard of evidence is a “preponderance of the evidence.” This standard of evidence means that a hearing must determine whether a complaint of sex discrimination is “more likely than not” to have occurred or 51% likely to have occurred. This standard applies for all complaints of sex discrimination, including sexual harassment and violence, because Title IX outlines standards for school disciplinary processes — not criminal complaints, which require the highest standard of evidence, “beyond a reasonable doubt.”

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The 2017 Interim Guidance allows schools to use the “clear and convincing” evidence standard, but only if all other forms of campus misconduct investigations utilize this standard.

A “grievance procedure” outlines the complaint, investigation, and disciplinary process for addressing sex discrimination, sexual harassment, and sexual violence occurring within educational programs. This process should address discrimination perpetrated by students, employees, or third parties. Additionally, school security and/or law enforcement personnel must notify victims of their rights to use the school’s grievance procedure in addition to being able to file a criminal complaint. This grievance procedure requires the school’s process be “prompt and equitable,” meaning it must be a timely response to discrimination and provide both parties equivalent rights during the disciplinary process rather than having one-sided due process. For example, if the accused student is given a right to have an attorney present, so may the accusing student.

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Regardless of a victim’s choice to report to the police, a victim may use a school’s grievance procedure to address sexual harassment or sexual violence or merely seek accommodations. When reasonable, schools must accommodate a victim on campus to remedy a hostile environment on a school’s campus. This means schools may change academic or extracurricular schedules to prevent an ongoing hostile education environment or put in place safety measures, such as a no-contact directive or facilitate a student obtaining a restraining order. The burden of accommodations or safety measures should not be solely placed on the victim, as this may be seen as a violation of Title IX."

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Every member of the UNL community is entitled to these standards. UNL's grievance procedure does not address the scope of sexual misconduct, but UNL's Response to Student Sexual Misconduct states sexual misconduct is conduct in violation of University policy and state and federal law that the University will take action to eliminate, prevent, and redress once the University has notice that sexual misconduct has occurred.

Addressing a hostile environment means remedying a current situation, addressing its effects, and preventing its recurrence in the future created by sex discrimination, sexual harassment, and sexual violence. This must be school-wide.

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As discussed more fully in OCR’s 2001 Guidance, OCR considers a variety of related factors to determine if a hostile environment has been created; and also considers the conduct in question from both a subjective and an objective perspective. Specifically, OCR’s standards require that the conduct be evaluated from the perspective of a reasonable person in the alleged victim’s position, considering all the circumstances. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical. Indeed, a single or isolated incident of sexual violence may create a hostile environment.

Implicit bias refers to the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.  These biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control. Residing deep in the subconscious, these biases are different from known biases that individuals may choose to conceal for the purposes of social and/or political correctness.

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Extensive research has documented the disturbing effects of implicit racial biases in a variety of realms ranging from classrooms to courtrooms to hospitals.

Equality, as defined by Merriam-Webster: “the quality or state of being equal.”

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Equity, as defined by Merriam-Webster: “justice according to natural law or right, specifically : freedom from bias or favoritism.”

The United States Department of Education Office for Civil Rights released a Q & A document to guide recipients and institutions with information to assist in meeting Title IX obligations.

The specific steps in a school’s Title IX investigation will vary depending on the nature of the allegation, the age of the student or students involved, the size and administrative structure of the school, state or local legal requirements (including mandatory reporting requirements for schools working with minors), and what it has learned from past experiences. For the purposes of this document, the term “investigation” refers to the process the school uses to resolve sexual violence complaints. This includes the fact-finding investigation and any hearing and decision-making process the school uses to determine: (1) whether or not the conduct occurred; and, (2) if the conduct occurred, what actions the school will take to end the sexual violence, eliminate the hostile environment, and prevent its recurrence, which may include imposing sanctions on the perpetrator and providing remedies for the complainant and broader student population. In all cases, a school’s Title IX investigation must be adequate, reliable, impartial, and prompt and include the opportunity for both parties to present witnesses and other evidence. The investigation may include a hearing to determine whether the conduct occurred, but Title IX does not necessarily require a hearing.

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Furthermore, neither Title IX nor the DCL specifies who should conduct the investigation. It could be the Title IX coordinator, provided there are no conflicts of interest, but it does not have to be. All persons involved in conducting a school’s Title IX investigations must have training or experience in handling complaints of sexual violence and in the school’s grievance procedures. 

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When investigating an incident of alleged sexual violence for Title IX purposes, to the extent possible, a school should coordinate with any other ongoing school or criminal investigations of the incident and establish appropriate fact-finding roles for each investigator. A school should also consider whether information can be shared among the investigators so that complainants are not unnecessarily required to give multiple statements about a traumatic event. If the investigation includes forensic evidence, it may be helpful for a school to consult with local or campus law enforcement or a forensic expert to ensure that the evidence is correctly interpreted by school officials. 

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If a school uses its student disciplinary procedures to meet its Title IX obligation to resolve complaints of sexual violence promptly and equitably, it should recognize that imposing sanctions against the perpetrator, without additional remedies, likely will not be sufficient to eliminate the hostile environment and prevent recurrence as required by Title IX. If a school typically processes complaints of sexual violence through its disciplinary process and that process, including any investigation and hearing, meets the Title IX requirements discussed above and enables the school to end the sexual violence, eliminate the hostile environment, and prevent its recurrence, then the school may use that process to satisfy its Title IX obligations and does not need to conduct a separate Title IX investigation. 

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The Title IX coordinator should review the disciplinary process to ensure that it: (1) complies with the prompt and equitable requirements of Title IX; (2) allows for appropriate interim measures to be taken to protect the complainant during the process; and (3) provides for remedies to the complainant and school community where appropriate. 

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The investigation may include, but is not limited to, conducting interviews of the complainant, the alleged perpetrator, and any witnesses; reviewing law enforcement investigation documents, if applicable; reviewing student and personnel files; and gathering and examining other relevant documents or evidence. While a school has flexibility in how it structures the investigative process, for Title IX purposes, a school must give the complainant any rights that it gives to the alleged perpetrator. A balanced and fair process that provides the same opportunities to both parties will lead to sound and supportable decisions.

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Specifically: Throughout the investigation, the parties must have an equal opportunity to present relevant witnesses and other evidence.  The school must use a preponderance-of-the-evidence (i.e., more likely than not) standard in any Title IX proceedings, including any fact-finding and hearings.  

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If the school permits one party to have lawyers or other advisors at any stage of the proceedings, it must do so equally for both parties. Any school-imposed restrictions on the ability of lawyers or other advisors to speak or otherwise participate in the proceedings must also apply equally.  

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If the school permits one party to submit third-party expert testimony, it must do so equally for both parties. If the school provides for an appeal, it must do so equally for both parties. Both parties must be notified, in writing, of the outcome of both the complaint and any appeal. 

Colleges and universities must have a policy in their Annual Security Report about primary education and awareness programs for incoming students and employees, as well as ongoing prevention and awareness campaigns.

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Program and campaign topics:

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Prevention of crime

Campus security procedures and practices for personal safety

Prohibition of dating violence, domestic violence, sexual assault, and stalking

Definitions of dating violence, domestic violence, sexual assault, and stalking

Definition of consent for sexual activity within the local jurisdiction

Bystander intervention including safe and positive options to prevent harm or intervene when there is a risk

Risk reduction to recognize warning signs of abusive behavior or potential attack

Information on: possible sanctions and protective measures; procedures for victims to follow to preserve evidence, report an offense to campus, report to police and receive assistance from the campus, decline to report to campus or police, and obtain protective or other orders regarding safety; campus disciplinary hearings; protecting the confidentiality of victims; available resources for health, legal assistance, mental health, or advocacy; and options for academic, living, transportation, and working accommodations

Title IX requires that schools use a preponderance of the evidence standard of proof in sexual harassment cases (i.e., it is “more likely than not” that the respondent committed sexual harassment or violence). While the Department of Education explicitly clarified that preponderance was the appropriate standard for Title IX procedures in 2011, courts have long affirmed that it is the appropriate standard by which to adjudicate cases under civil rights laws, including Title IX, Title VI, and Title VII of the Civil Rights Act of 1964. Beyond civil rights litigation, preponderance of the evidence is the standard employed in most civil actions and the evidentiary standard that equitably balances the educational interests of both a complainant and a respondent. Additionally, schools regularly use this standard in disciplining students for other criminal or harassing code of conduct violations, including physical assault, burglary, hazing, and racial harassment.

Schools are required to be prompt when receiving a complaint of sex discrimination, sexual harassment, or sexual violence in order to remedy any hostile educational environment created by such behaviors. ED has not provided details on the length of time they consider to be “prompt,” but will evaluate a school’s effort to conduct a fair, impartial investigation in a timely manner. If the length of your investigation has impeded on your access to an education and further created a hostile environment you may have grounds for an OCR complaint. A simultaneous police investigation does not remove a school’s responsibility to resolve a complaint under Title IX. While a school may delay its response to accommodate a police investigation, schools that delay the Title IX complaint process unreasonably are in violation of Title IX.

Victims of sexual misconduct are free to choose confidential or non-confidential reporting options in response to harmful behavior. We believe you and support your needs. Visit our "Need to Talk?" page for a list of confidential reporting resources.

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Confidential reporting is made through an individual or organization who is not required to disclose reports of sexual misconduct to the University or law enforcement, such as an independent social service.

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Non-confidential reporting is made through an individual or organization who is required to disclose reports of sexual misconduct to the University or law enforcement, such as a responsible employee as defined by the institution.

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The Title IX Process begins with initial contact with the Title IX office.

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Dear UNL demands the implementation of clearer literature, like this flowchart from the University of Michigan, so all parties have a clearer idea of the sequence of the reporting, investigation, and appeals timeline.

According to OCR’s 2001 Guidance, a responsible employee includes any employee: who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty. 

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A school must make clear to all of its employees and students which staff members are responsible employees so that students can make informed decisions about whether to disclose information to those employees. A school must also inform all employees of their own reporting responsibilities and the importance of informing complainants of: the reporting obligations of responsible employees; complainants’ option to request confidentiality and available confidential advocacy, counseling, or other support services; and complainants’ right to file a Title IX complaint with the school and to report a crime to campus or local law enforcement. 

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When a responsible employee knows or reasonably should know of possible sexual violence, OCR deems a school to have notice of the sexual violence. The school must take immediate and appropriate steps to investigate or otherwise determine what occurred, and, if the school determines that sexual violence created a hostile environment, the school must then take appropriate steps to address the situation. The school has this obligation regardless of whether the student, student’s parent, or a third party files a formal complaint.

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UNL has defined "responsible employee," their identification, and duties on its website.

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Dear UNL demands greater awareness from a student, staff, and faculty standpoint through increased visibility and training beyond its current required action form available to UNL members once a year.

As a federal civil right, Title IX automatically protects any individual who reports sex discrimination, sexual harassment, or sexual violence against retaliation. This means employees and third party reports are protected along with reporting victims from any adverse consequence, harassment, intimidation, or discrimination that is causally related to reporting sex discrimination under Title IX. Schools must protect against other employees or students retaliating against a reporting party when it “knows or should know” about the retaliatory harassment or behavior.

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Retaliation occurs when a school intimidates, threatens, coerces, or in any way discriminates against an individual who has brought a concern or reported a possible violation of a federal civil right. This includes formal or informal reports of a violation and reports regarding a violation of your own rights or the rights of others.

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There are many different types of school conduct that could be considered retaliatory if they occur in response to your complaint or other activism. Some examples may include:

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Disciplining you for “disruptive” protest activities or for naming your assailant

Failing to accommodate your housing or other academic needs

Forcing or pressuring you to take time off from school

Removing you from sports teams or other extracurricular activities

Pressuring you to stop talking to media

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If a school discourages or threatens you about discussing complaints of sex discrimination, sexual harassment, or sexual violence, this may be considered retaliation.

Campus climate is defined as the current attitudes, behaviors and standards of faculty, staff, administrators and students concerning the level of respect for individual needs, abilities and potential.

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Respect, diversity and inclusion are crucial aspects of campus climate. Respect refers both to the experience of people on a campus as well as the quality and interactions between groups and people. According to the UC Regents' Study Group on University Diversity, diversity and inclusion efforts are not complete unless they also address climate [and] addressing campus climate is an important and necessary component in any comprehensive plan for diversity.

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Experiences on campus influence individual and group learning and developmental outcomes, and hostile, discriminatory environments have a negative effect on learning and success.

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Research shows that students, staff, faculty, and adminstrators will thrive in diverse, supportive environments, free of the negativity of discrimination, where inclusion and respect for diversity is the daily norm.

Currently, UNL is limited to a list of recommended sanctions with no clear guidelines on punitive decision-making.

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If a student is found to have violated the Sexual Misconduct Policy, one or more of the following sanctions may be imposed:

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A formal written warning in the student’s conduct file;

Probation for a designated period of time;

Loss of university privileges for a specified period of time;

Monetary or other compensation for loss, damage or injury;

Discretionary sanctions (such as community service, work assignments, educational requirements) which are appropriate under the circumstances;

Resident hall relocation;

Residence hall suspension;

Residence hall expulsion;

University suspension;

University expulsion; or

University ban and bar.

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If an employee is found to have violated university sexual misconduct policy, the employee may be subject to one or more of the following sanctions:

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Verbal warning;

Written warning;

Transfer;

Completion of mandatory conditions;

Suspension without pay;

Nonrenewal or non-reappointment;

Loss of rank or position;

Denial of salary increase;

Activity termination;

Demotion in rank or pay;

Termination of employment;

Ban on university re-employment;

University ban and bar.

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Dear UNL demands clear guidelines and reasoning for delivered sanctions.

Sexual misconduct includes sexual harassment, sexual assault, sexual exploitation, stalking, dating violence and domestic violence.

The concept of systemic reform is central to defining change-seeking behaviors in institutional contexts and used to reference reforms that impact multiple levels of a system, such as the Title IX office, UNLPD, and advocacy, reforms that aspire to make changes throughout a defined system, such as campus-wide or statewide reforms, reforms that are intended to influence, in minor or significant ways, every member of an educational institution or system, or reforms that may vary widely in design and purpose, but ultimately reflect consistent educational principles with the purpose of achieving common objectives.

Transformative Justice is a process where all individuals affected by an injustice are given the opportunity to address and repair the harm. Those affected consider and recount how an act has affected them and what can be done to repair the harm. The perpetrator is then held accountable to the individual by way of restitution. Title IX has the opportunity to create effective anti-carceral responses to serious harms if and when this potential is recognized by decision-makers.

Trauma-informed response means a response to dating/domestic violence, sexual assault, and stalking that involves an understanding of the complexities of such matters through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding the causes and impacts of trauma, understanding the behavior of perpetrators, and conducting an effective investigation on behalf of the reporting party who suffered the trauma.

Education and training for the prevention, identification, and reporting of sexual misconduct, domestic violence, dating violence, stalking, sexual harassment, gender-based harassment, and sexual violence.

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Available resources for the UNL community:

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UNL Prevent

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