NCTA DISCRIMINATION GRIEVANCE PROCEDURE
Title IX of the Education Amendments of 1972 (20 U.S.C. .1681 et seq.) prohibits discrimination on the basis of sex in education programs receiving Federal financial assistance. Athletics are considered an integral part of an institution's education program and are therefore covered by this law. Title IX 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."
Title IX prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX.
The Nebraska College of Technical Agriculture encourages any person subjected to sexual misconduct to report the conduct to law informant and to the University’s Title IX office. There are several reporting options available to you.
Contact a Responsible Employee
Responsible employees are individuals working at NCTA who have an obligation to inform the Title IX Coordinator of allegations of sex discrimination or sexual misconduct. Responsible Employees cannot keep your concerns confidential. If you talk to these individuals, your concerns will be reported and NCTA will conduct an investigation into your concerns. These individuals are identified on campus by the symbol shown to the right. ALL NCTA employees are considered Responsible Employees.
File a Complaint with the Office of Civil Rights.
The Office for Civil Rights (OCR) of the U.S. Department of Education enforces Title IX. For more information, see http://www2.ed.gov/about/offices/list/ocr/complaintprocess.html.
Where Can I Find Information About the NCTA’s Complaint Investigation Process?
For students, the Student Code of Conduct, Appendix A contains information about the complaint and appeal process regarding complaints of sexual misconduct. Click here for a copy of Appendix A.
For employees, the University’s Response to Allegations of Employee Sexual Misconduct Policy contains information about the complaint and appeal process regarding complaints of sexual misconduct. Click here for a copy of the Policy.
Generally, when NCTA receives notice or a complaint of a behavior that may violate the university sexual misconduct policy, a Title IX investigator will conduct an impartial, neutral investigation. The investigator will generally interview both parties and witnesses, examine any evidence presented by the parties and examine any other available evidence. The investigator will, at the conclusion of the investigation, issue a determination about whether a violation occurred and recommend sanctions if any are found to be appropriate.
Will I Suffer Retaliation for Reporting?
Fear of retaliation should never be an obstacle to reporting an incident of discrimination, harassment or sexual misconduct. Any individual who believes he or she has been subjected to misconduct is encouraged to report and has the right to seek support and utilize available resources without fear of retaliation. Retaliation for reporting concerns or violations of policy is prohibited by the NCTA. NCTA prohibits retaliatory conduct taken against any person who reports concerns, files a police report, or files a complaint with NCTA. Retaliation is also prohibited against anyone who participates in an investigation as a witness. Retaliation is a separate violation of NCTA policy. Sanctions available for sexual misconduct violations are also available for retaliatory conduct. If you believe you have been subjected to retaliation for filing a sexual misconduct complaint, please contact the Title IX Coordinator.