What is Title IX?
Title IX is a federal law that states “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
What is Sexual Misconduct?
Sexual misconduct is conduct in violation of university policy and state and federal law. Sexual misconduct includes dating violence, domestic assault, domestic violence, rape, sexual assault, sexual harassment, and stalking.
What is a complainant?
The complainant is the person reporting the alleged sexual misconduct.
What is a respondent?
The respondent is the person alleged to have committed the act of sexual misconduct.
Who is protected under Title IX?
Title IX applies to UNO employees (faculty and staff), students, and anyone present on the UNO campus.
I want to make a report, but I want to remain anonymous. Is this possible?
Yes, it is possible to make a report anonymously. You will be informed if the university cannot ensure anonymity. Please do know that any response by the university may be hindered by the desire for anonymity and/or inaction.
Something happened to me and I don’t know what to do, or what I want. Where do I start?
We understand that incidents can be traumatic and confusing. The university will work to provide resources and guidance when dealing with any issue brought forth. An individual has the right to contact the Title IX Office for assistance and information. In addition, confidential resources are available through Counseling and Psychological Services (CAPs) and through Victim and Survivor Advocates. If an individual does not feel safe, they should reach out to Public Safety (on-campus) or local law enforcement (off-campus). The university wants its community members to feel welcome to contact resources.
Can I change my class/residence hall/work schedule without making a formal complaint to campus?
This is what would be referred to as supportive measures and they are available without making a formal complaint. The university may aid in changing academic, living, transportation, and working situations.
Someone is accusing me of sexual misconduct. What do I do?
The university takes seriously its duty to conduct fair and impartial investigations into complaints. Respondents are presumed not responsible. It is important that all sides of an issue are heard, and you as the respondent can provide information, witnesses, and statements about the incident(s) in question. Respondents have the same rights as the complainant such as access to Counseling & Psychological Services and the ability to have an advisor present during interviews and hearings. Advisors may be, but are not required to be, an attorney. Under no circumstances is the respondent to engage in retaliation, which includes intimidation, threats, harassment, and other adverse action threatened or taken against the reporting or third party to prevent or otherwise obstruct the reporting of sexual misconduct. This in and of itself is a violation of university policy.
Can I make a report to the police without making a Title IX complaint?
Individuals always have the right to file a police report, without making a formal Title IX complaint with the university. There are times when Public Safety will share information from reports they have received if they feel it is related to sexual misconduct affecting the university environment. You are under no obligation to file a formal Title IX complaint though. Making a report to the police will start a criminal investigation but will not automatically start an investigation by the university for administrative sanctions.
Can I make a Title IX complaint without reporting it to the police?
Yes, you can make a report to the Title IX office without making a police report. There may be instances where the safety of the complainant or the university community would prompt the need for police involvement, but this will always be discussed with you in detail. Making a Title IX complaint is an administrative process and not a criminal process. The administrative investigative process is outlined in the Procedures for Sexual Misconduct Complaints Against Students and Procedures for Sexual Misconduct Complaints Against Employees. This process can result in administrative findings imposing sanctions on the respondent from the university. A university administrative investigation and disciplinary proceedings are independent of any criminal or external investigation.
May I speak with Victim and Survivor Advocates without making a Title IX complaint?
Yes, Victim/Survivor advocates, along with counseling services, are available to a complainant and they are a confidential reporting option which means that they will not share information with the Title IX Office or Public Safety without your permission. Advocates can provide support, information, and resources including information on how to make a complaint to the university. This choice is left up to the individual seeking assistance. The university wants to ensure the safety of students and employees while respecting an individual’s right to privacy.
How long do I have after an incident to make a complaint?
There is no ‘statute of limitations on making a complaint. A complainant can come forward and seek assistance at any time. It is recommended that an issue be brought forward as soon as possible to aid in conducting a thorough investigation and to bring an expedient resolution. We know that as time goes on, people’s memories fade, and information/evidence can be lost. We understand the difficulty involved in coming forward and will provide support and information.
Can a lawyer represent me in university proceedings?
Both the respondent and complainant can have an advisor, of their choice, present during hearings, meetings, and conduct proceedings who may or may not be a lawyer. An advisor is limited to providing advice to the party who has requested their presence in a manner that does not disturb the conduct of proceedings. If an advisor fails to act in accordance with these guidelines, they may be barred from participation in the conduct proceedings. If you choose to retain a legal counsel to act as your advisor, you do so at your own expense.
What is the standard of proof used in making a determination for university proceedings?
The university uses a Preponderance of Evidence model which means a determination is made based on a reasonable person’s assessment of “more likely than not."
I have a sexual history with the person that assaulted me. Can I still make a Title IX complaint?
Yes, previous sexual history does not indicate consent or prohibit you from making a complaint.
I was intoxicated (drugs or alcohol) at the time of the incident. Will I get in trouble?
The University encourages reporting of sexual misconduct and seeks to remove barriers to reporting. Individuals who make a good faith report of sexual misconduct and/or participate in an investigation will not be subject to disciplinary action for a policy violation related to consuming unauthorized alcohol or using illegal drugs or unauthorized prescription drugs.
What happens after a Title IX complaint is made and a determination to investigate has been reached?
A Title IX investigator will send notice to the respondent and complainant that a Title IX complaint has been filed. The Title IX Office will contact the respondent and complainant, witnesses, and anyone with knowledge about the alleged incident. At the conclusion of the interviews, the Title IX Office will document all evidence, allow for parties to review the evidence and complete the report and provide the completed report to the Decision Maker(s).
What happens if the alleged incident occurred off-campus?
The Sexual Misconduct Policy applies to incidents that occur both on-campus and off-campus at university-sponsored events. You can receive assistance and support from the university, even if something happens off-campus.