Judicial Procedure

The Deans of Student Life serve as the Chief Investigators in the resolution of allegations of Mid-Plains Community College Student Code of Conduct violations other that Harassment, Sexual Misconduct, and other forms of Discrimination. The Deans of Student Life may designate other Mid-Plains Community College employees to serve as Investigators in these types of Code of Conduct violations. The Deans of Student Life oversee the implementation of MPCC’s Student Code of Conduct and college policies.

The Title IX Coordinator will manage the resolution of allegations of Harassment, Sexual Misconduct, and other forms of Discrimination.

This policy applies to behaviors that take place on the campus, at Mid-Plains Community College-sponsored events, and may also apply off-campus and to actions online when the Vice-President of Student Services determines that the off-campus conduct affects a substantial Mid-Plains Community College interest. A substantial Mid-Plains Community College interest is defined to include:

  1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
  2. Any situation where it appears that the responding party may present a danger or threat to the health or safety of self or others;
  3. Any situation that significantly impinges upon the rights, property, or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
  4. Any situation that is detrimental to the educational interests of the Mid-Plains Community College.

Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of the Mid-Plains Community College’s control (e.g. not on Mid-Plains Community College networks, websites or between Mid-Plains Community College email accounts) will only be subject to this policy when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the 1st Amendment. Remedies for such conduct will be provided, but protected speech cannot be legally subjected to discipline.

Off-campus discriminatory or harassing speech by employees may be regulated by the Mid-Plains Community College only when such speech is made in an employee’s official or work-related capacity.

It should be emphasized that when a student’s violation of the law also adversely affects the college’s pursuit of its recognized educational objectives, the college may enforce its own regulations regardless of any civil proceeding or dispositions. When a student violates a college regulation, they are subject to disciplinary action by the college whether or not their conduct violates civil law. If a person’s behavior simultaneously violates a college regulation and the civil laws off-campus, they may incur penalties described by civil authorities. College discipline will be initiated only in instances of student misconduct, which distinctly and adversely affects the college’s pursuit of its recognized educational purposes. Disciplinary measures appropriate to the offense up to and including dismal from the college may be imposed.

As used in this document, the term “reporting party” refers to the person impacted by alleged discrimination. The term “responding party” refers to the person who has allegedly engaged in discrimination.

Title IX Coordinator

The Director of Human Resources serves as the Title IX Coordinator and oversees the implementation of the Mid-Plains Community College’s Affirmative Action and Equal Opportunity plan and the Mid-Plains Community College’s policy on equal opportunity, harassment, and nondiscrimination. The Title IX Coordinator heads the Title IX Team and acts with independence and authority free of conflicts of interest. To raise any concern involving a conflict of interest by the Title IX Coordinator, contact the Mid-Plains Community College President, Ryan Purdy, at (308) 535-3723. To raise concerns regarding a potential conflict of interest with any other administrator involved in the EGP, please contact the Title IX Coordinator.

Inquiries about and reports regarding this policy and procedure may be made internally to:

Rebecca Wrage
Title IX/Equity/AA Coordinator
Office of Human Resources
1101 Halligan Dr., North Platte 69101
(308) 535-3679
wrager@mpcc.edu

Kelly Rippen
McCook Campus Vice President / Equity Grievance Panel Co-Chair
1205 East 3rd Street, McCook, NE  69001
(308) 345-8107
rippenk@mpcc.edu

Inquiries may be made externally to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012 
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Equal Employment Opportunity Commission (EEOC)
Contact: https://www.eeoc.gov/contact-eeoc
Mid-Plains Community College is under the jurisdiction of the Kansas City Area EEOC Office.
Location:
Gateway Tower II
400 State Ave., Suite 905
Kansas City, KS 66101
Phone: 1-800-669-4000

MPCC Vice-President of Student Affairs

The MPCC Vice-President of Student Affairs (VPSA) oversees the implementation of the Mid-Plains Community College’s Judicial  Procedure (JIP) and the Mid-Plains Community College Student Code of Conduct The Vice-President of Student Affairs heads the Judicial Procedure Team and acts with independence and authority free of conflicts of interest. To raise any concern involving a conflict of interest by the Vice-President of Student Affairs, contact the Mid-Plains Community College President, Ryan Purdy at (308) 535-3723. To raise concerns regarding a potential conflict of interest with any other administrator involved in the Judicial Procedure, please contact the Vice-President of Student Affairs.

Inquiries about and reports regarding this policy and procedure may be made internally to:

Kelly Rippen
McCook Campus Vice President
1205 East 3rd Street, McCook, NE  69101
(308) 345-8107
rippenk@mpcc.edu

Dr. Brian Obert
Dean of Student Life
1205 East 3rd Street, McCook, NE  69101
(308) 345-8109
obertb@mpcc.edu

Jason Osmotherly
Associate Dean of Student Life
1101 Halligan Drive, North Platte, NE 69001
(308) 535-3635
osmotherlyj@mpcc.edu

Reporting Discrimination

Reports of discrimination, harassment, and/or retaliation may be made using any of the following options. There is no time limitation on the filing of allegations.[1] However, if the responding party is no longer subject to the Mid-Plains Community College’s jurisdiction, the  ability to investigate, respond and provide remedies may be more limited:

All reports are acted upon promptly, and every effort is made by the Mid-Plains Community College to preserve the privacy of reports. Such reports may also be anonymous. Anonymous reports will be investigated to determine if remedies can be provided. Additionally, all employees of the Mid-Plains Community College are designated as mandated reporters, except for the Counselor, and will share a report with the Title IX Coordinator promptly. Confidentiality and mandated reporting are addressed more specifically below. Reports of misconduct or discrimination committed by the Title IX Coordinator should be reported to the Mid-Plains Community College President, Ryan Purdy, at (308) 535-3723. 

Reporting Student Conduct Offenses

Reports of Student Conduct Offenses may be made using any of the following options. There is no time limitation on the filing of allegations. However, if the responding party is no longer subject to the Mid-Plains Community College’s jurisdiction, the ability to investigate, respond, and provide remedies may be more limited:

All reports are acted upon promptly, and every effort is made by the Mid-Plains Community College to preserve the privacy of reports. Such reports may also be anonymous. Anonymous reports will be investigated to determine if remedies can be provided. Additionally, all employees of the Mid-Plains Community College are designated as mandated reporters, except for the Area Counselor, and will share a report with the Title IX Coordinator promptly. Confidentiality and mandated reporting are addressed more specifically below.

Reporting Misconduct

Any member of the community, guest, or visitor who believes that the policy on Equal Opportunity, Harassment, and Nondiscrimination has been violated should contact the Title IX Coordinator.

It is also possible for employees to notify a supervisor, or for students to notify an administrative advisor or faculty member. Any member of the community, including visitors, may contact Campus Police/Public Safety to make a report.  These individuals will in turn notify the Title IX Coordinator.  The Mid-Plains Community College website also includes a reporting form at http://www.mpcc.edu/current-students/report-an-incident.php which may serve to initiate the EGP process.

All employees receiving reports of a potential violation of Mid-Plains Community College policy are expected to promptly contact the Title IX Coordinator, within 24 hours of becoming aware of a report or incident.  All initial contacts will be treated with privacy: specific information on any allegations received by any party will be reported to the Title IX Coordinator, but, subject to the Mid-Plains Community College’s obligation to redress violations, every effort will be made to maintain the privacy of those initiating an allegation. In all cases, Mid-Plains Community College will give consideration to the reporting party with respect to how the reported misconduct is pursued, but reserves the right, when necessary to protect the community, to investigate and pursue a resolution even when a reporting party chooses not to initiate or participate in the resolution process.  

Jurisdiction

The Equity Grievance Procedure applies to behaviors that take place on the campus, at Mid-Plains Community College-sponsored events, and may also apply off-campus and to actions online when the Title IX Coordinator determines that the off-campus conduct affects a substantial Mid-Plains Community College interest.

The Judicial Procedure applies to behaviors that take place on the campus, at Mid-Plains Community College-sponsored events, and may also apply off-campus and to actions online when the VPSA determines that the off-campus conduct affects a substantial Mid-Plains Community College interest. A substantial Mid-Plains Community College interest is defined to include:

  1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
  2. Any situation where it appears that the responding party may present a danger or threat to the health or safety of self or others;
  3. Any situation that significantly impinges upon the rights, property, or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
  4. Any situation that is detrimental to the educational interests of the Mid-Plains Community College.

Public Universities/Colleges:  Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of the Mid-Plains Community College’s control (e.g. not on Mid-Plains Community College networks, websites, or between Mid-Plains Community College email accounts) will only be subject to this policy when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the 1st Amendment. Remedies for such conduct will be provided, but protected speech cannot be legally subjected to discipline.

Off-campus discriminatory or harassing speech by employees may be regulated by the Mid-Plains Community College only when such speech is made in an employee’s official or work-related capacity.

Mid-Plains Community College Policy on Nondiscrimination 

Mid-Plains Community College adheres to all federal and state civil rights laws prohibiting discrimination in public institutions of higher education.

This policy may be found at: https://www.mpcc.edu/about/non-discrimination-policy.php

Mid-Plains Community College Policy on Accommodation of Disabilities

Mid-Plains Community College is committed to full compliance with the Americans With Disabilities Act of 1990 (ADA and ADAAA) and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws pertaining to individuals with disabilities.  

This policy may be found at: http://www.mpcc.edu/about/ada-policy.php

Students with Disabilities

Mid-Plains Community College is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the academic programs and activities of Mid-Plains Community College.

All accommodations are made on a case-by-case basis. A student requesting any accommodation should first contact the Director of Adult Education/ADA who coordinates services for students with disabilities. The Director of Adult Education/ADA reviews documentation provided by the student and, in consultation with the student, determines which accommodations are appropriate to the student’s particular needs and academic programs.

Employees with Disabilities

Pursuant to the ADA, Mid-Plains Community College will provide reasonable accommodation(s) to all qualified employees with known disabilities, where their disability affects the performance of their essential job functions, except where doing so would be unduly disruptive or would result in an undue hardship.

An employee with a disability is responsible for requesting accommodation in writing to the Director of Human Resources and providing appropriate documentation.  The Director of Human Resources will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform those duties.

Mid-Plains Community College Policy on Discriminatory Harassment

Students, staff, administrators, and faculty are entitled to a working environment and educational environment free of discriminatory harassment Mid-Plains Community College’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that includes germane, but controversial or sensitive subject matters protected by academic freedom.  

This policy may be found at: https://nextcatalog.mpcc.edu/student-planner/code-conduct/equity-grievance-procedure-allegations-harassment-sexual-misconduct-discrimination/

Mid-Plains Community College Policy on Sexual Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of Nebraska regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. Mid-Plains Community College has adopted the following definition of sexual harassment, in order to address the special environment of an academic community, which consists not only of employers and employees but of students as well.

This policy may be found at: https://nextcatalog.mpcc.edu/student-planner/code-conduct/equity-grievance-procedure-allegations-harassment-sexual-misconduct-discrimination/

MPCC Policy Expectations Regarding Unethical Relationships

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty and student, supervisor, and employee). 

This policy may be found at: https://nextcatalog.mpcc.edu/student-planner/code-conduct/equity-grievance-procedure-allegations-harassment-sexual-misconduct-discrimination/

MPCC Student Code of Conduct Violation Definitions

These definitions may be found at:  https://nextcatalog.mpcc.edu/student-planner/code-conduct/

Remedial Action

Upon notice of alleged discrimination, Mid-Plains Community College will implement initial remedial, responsive, and/or protective actions upon notice of alleged harassment, retaliation, and/or discrimination. Such actions could include but are not limited to: no-contact orders, providing counseling and/or medial services, academic support, living arrangement adjustments, transportation accommodations, visa and immigration assistance, student financial aid counseling, providing a campus escort, academic or work schedule and assignment accommodations, safety planning, referral to campus and community support resources.

Mid-Plains Community College will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest, or visitor upon a finding that they have engaged in harassing or discriminatory behavior or retaliation.  

The Mid-Plains Community College will maintain as confidential any accommodations or protective measures, provided confidentiality does not impair the Mid-Plains Community College’s ability to provide the accommodations or protective measures.

Procedures for handling reported incidents are fully described below.

Confidentiality and Reporting of Offenses Under This Policy

All Mid-Plains Community College employees (faculty, staff, administrators) are expected to report actual or suspected discrimination or harassment to appropriate officials immediately, though there are some limited exceptions. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality – meaning they are not required to report actual or suspected discrimination or harassment to appropriate university officials – thereby offering options and advice without any obligation to inform an outside agency or campus official unless a reporting party has requested information to be shared. Other resources exist for reporting parties to report crimes and policy violations and these resources will take action when an incident is reported to them. The following describes the reporting options at Mid-Plains Community College:

Confidential Reporting

If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with:

  • On-campus Area Counselor
  • Off-campus (non-employees):
  • Licensed professional counselors
  • Local rape crisis counselors
  • Domestic violence resources
  • Local or state assistance agencies
  • Clergy/Chaplains

All of the above-listed individuals will maintain confidentiality except in extreme cases of the immediacy of threat or danger or abuse of a minor. Campus counselors and/or the Employee Assistance Program are available to help free of charge and can be seen on an emergency basis during normal business hours.  Mid-Plains Community College employees listed above will submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, patient, or parishioner.  

Formal Reporting Options

All Mid-Plains Community College employees have a duty to report unless they fall under the “Confidential Reporting” section above.  Reporting parties may want to consider carefully whether they share personally identifiable details with non-confidential employees, as those details must be shared with the Title IX Coordinator. Employees must promptly share all details of the reports they receive. Generally, climate surveys, classroom writing assignments or discussions, human subjects research, or events such as Take Back the Night marches or speak-outs do not provide notice that must be reported to the Coordinator by employees unless the reporting party clearly indicates that they wish a report to be made. Remedial actions may result from such disclosures without formal Mid-Plains Community College action.

If a reporting party does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the reporting party may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law.  Note that the Mid-Plains Community College’s ability to remedy and respond to a reported incident may be limited if the reporting party does not want the institution to proceed with an investigation and/or the Equity Resolution Process.

In cases indicating pattern, predation, threat, weapons, and/or violence, the Mid-Plains Community College will likely be unable to honor a request for confidentiality.  In cases where the reporting party requests confidentiality and the circumstances allow the Mid-Plains Community College to honor that request, the Mid-Plains Community College will offer interim support and remedies to the reporting party and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have allegations taken seriously by Mid-Plains Community College when formally reported, and to have those incidents investigated and properly resolved through these procedures.

Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to: The Office of Student Life, College Counselors, and the CARE (Coordination, Assessment, Response, and Education) Team. Information will be shared as necessary with investigators, witnesses, and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party’s rights and privacy. Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form posted at http://www.mpcc.edu/current-students/report-an-incident.php. Note that these anonymous reports may prompt a need for the institution to investigate.

Failure of a non-confidential employee, as described in this section, to report an incident or incidents of sex/gender harassment or discrimination of which they become aware is a violation of Mid-Plains Community College policy and can be subject to disciplinary action for failure to comply. 

False Allegations

Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action.

Amnesty for Reporting Party and Witnesses

The Mid-Plains Community College community encourages the reporting of misconduct and crimes by reporting parties and witnesses. Sometimes, reporting parties or witnesses are hesitant to report to Mid-Plains Community College officials or participate in resolution processes because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident.  It is in the best interests of this community that reporting parties choose to report to university officials and that witnesses come forward to share what they know.  To encourage reporting, Mid-Plains Community College pursues a policy of offering reporting parties and witnesses amnesty for minor policy violations related to the incident. 

Students

Sometimes, students are hesitant to offer assistance to others for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to help take a sexual misconduct victim to the Campus Police). The Mid-Plains Community College pursues a policy of amnesty for students who offer help to others in need. While policy violations cannot be overlooked, the university will provide educational options, rather than punishment, to those who offer their assistance to others in need.

Employees

Sometimes, employees are also hesitant to report harassment or discrimination they have experienced for fear that they may get themselves in trouble. For example, an employee who has violated the consensual relationship policy and is then assaulted in the course of that relationship might hesitate to report the incident to Mid-Plains Community College officials. The institution may, at its discretion, offer employee reporting parties amnesty from such policy violations (typically more minor policy violations) related to the incident. Amnesty may also be granted to witnesses on a case-by-case basis.

Parental Notification (Allegations Involving Students)

The Mid-Plains Community College reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status, or conduct situation, particularly alcohol and other drug violations.  The university may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is non-dependent, the Mid-Plains Community College will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The Mid-Plains Community College also reserves the right to designate which university officials have a need to know about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act.

Terminology: Reporter and Respondent 

As used in this document, the term “reporting party” refers to the person impacted by alleged discrimination or offense. The term “responding party” refers to the person who has allegedly engaged in discrimination or offense. 

Judicial Procedure for Allegations of Conduct Offense

The process of investigating and adjudicating student conduct cases at MPCC can differ from case to case depending on student choices. These choices exist to make the student disciplinary process as fair and just as possible for all students and to support the college’s educational mission by making the process a learning and developmental experience for all involved. Regardless of these choices, in the absence of compelling circumstances cases should be resolved in no more than sixty (60) calendar days. The following six steps reflect the student conduct process:

1. Director of Student Conduct receives an incident report alleging a policy violation has occurred.
2. Director of Student Conduct processes the incident report, and a letter of referral is sent to the student in violation via email. In the event of a Title IX infraction, the report is forwarded to the Title IX Coordinator.
3. The student in violation may choose to contest or not contest the referral. If the student chooses to contest the referral, they will attend a scheduled SCB hearing which may result in the student being found responsible or not responsible.
4. If the student in violation is found responsible or chooses to not formally contest the referral, the student will be assigned to meet with the sanctioning committee for sanctioning. If the student agrees to these sanctions, they become effective. The student also has a right to reject these sanctions and request an appeal.
5. If the student rejects the sanctions, an appeal panel can be scheduled with the Associate Dean of Student Life or the Dean of Student Life. Depending on the rationale for the appeal, the appeal panel determines responsibility and if necessary, recommends sanctions.

Sanctions

The Sanctioning Committee assigned to the resolution will recommend sanctions or responsive actions to the Dean of Student Affairs. Factors considered when determining a sanction/responsive action may include:

  • The nature, severity of, and circumstances surrounding the violation
  • An individual’s disciplinary history
  • Previous allegations or allegations involving similar conduct
  • Any other information deemed relevant by the hearing panel
  • The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
  • The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
  • The need to remedy the effects of the discrimination, harassment, and/or retaliation on the reporting party and the community

Student Sanctions

If a student is found responsible for a Student Code of Conduct violation, the student will then meet with a sanctioning officer (a professional staff member of the Student Life team). During the sanctioning meeting, the sanctioning officer will refer to the sanctioning grid to help determine appropriate sanctions. If community service hours are assigned, the sanctioning officer should approve any service before it is completed to ensure those hours are applicable to the sanction. The sanctioning officer will oversee all sanctions through completion.  For more information on recommended sanctions: 

The following are the usual sanctions that may be imposed upon students or organizations singly or in combination:

  • Warning: A formal statement that the behavior was unacceptable and a warning that further infractions of any Mid-Plains Community College policy, procedure, or directive will result in more severe sanctions/responsive actions.
  • Probation: A written reprimand for violation of the Code of Student Conduct, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any Mid-Plains Community College policy, procedure, or directive within a specified period of time. Terms of the probation will be specified and may include denial of specified social privileges, exclusion from co-­curricular activities, non-contact orders, and/or other measures deemed appropriate.
  • Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure at Mid-Plains Community College. This sanction may be noted as a Conduct Suspension on the student’s official transcript at the discretion of the Vice-President of Student Affairs.
  • Expulsion: Permanent termination of student status, revocation of rights to be on campus for any reason or attending Mid-Plains Community College-sponsored events. This sanction will be noted as a Conduct Expulsion on the student’s official transcript.
  • Withholding Diploma: The Mid-Plains Community College may withhold a student's diploma for a specified period of time and/or deny a student participation in commencement activities if the student has an allegation pending, or as a sanction if the student is found responsible for an alleged violation.
  • Revocation of Degree: The Mid-Plains Community College reserves the right to revoke a degree awarded from the Mid-Plains Community College for fraud, misrepresentation, or other violation of Mid-Plains Community College policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
  • Organizational Sanctions: Deactivation, de-recognition, and loss of all privileges (including College registration) for a specified period of time.
  • Other Actions: In addition to or in place of the above sanctions, the Mid-Plains Community College may assign any other sanctions as deemed appropriate.

Withdrawal or Resignation While Charges Pending

Should a student decide to leave and/or not participate in the Judicial Procedure, the process will nonetheless proceed in the student’s absence to a reasonable resolution and that student will not be permitted to return to Mid-Plains Community College unless all sanctions have been satisfied. The student will not have access to an academic transcript until the allegations have been resolved.

Appeals

All requests for appeal consideration must be submitted in writing to the Dean or Associate Dean of Student Affairs within three (3) days of the delivery of the written finding of the hearing panel. Any party may appeal the findings and/or sanctions only under the grounds described below.

A three-member appeals panel will be designated by the Dean or Associate Dean of Student Life from employees who have not been involved in the process previously. Appeals are limited to the following grounds:

  • A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
  • To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
  • The sanctions imposed fall outside the range of sanctions the Mid-Plains Community College has designated for this offense and the cumulative record of the responding party.

The appeals panel will review the appeal request(s). The original finding and sanction/responsive actions will stand if the appeal is not timely or is not based on the grounds listed above, and such a decision is final. The party requesting the appeal must show that the grounds for an appeal request have been met, and the other party or parties may show the grounds have not been met, or that additional grounds are met. The original finding and sanction are presumed to have been decided reasonably and appropriately.

Where the appeals panel finds that at least one of the grounds is met by at least one party, additional principles governing the hearing of appeals will include the following:

  • Decisions by the appeals panel are to be deferential to the original decision, making changes to the finding only where there is a clear error and to the sanction/responsive action only if there is a compelling justification to do so.
  • Appeals are not intended to be full re-hearings (de novo) of the allegation. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal. An appeal is not an opportunity for appeals panelists to substitute their judgment for that of the original hearing panel merely because they disagree with its finding and/or sanctions.
  • Appeals granted based on new evidence should normally be remanded to the original SCB hearing panel for reconsideration. Other appeals may be remanded at the discretion of the Dean or Associate Dean of Student Affairs or, in limited circumstances, heard by the three-member appeals panel.
  • Sanctions imposed are implemented immediately unless the Dean or Associate Dean of Student Affairs stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
  • For students: Graduation, study abroad, internships/externships, etc., do NOT, in and of themselves, constitute exigent circumstances, and students may not be able to participate in those activities during their appeal.
  • The Dean or Associate Dean of Student Affairs will confer with the appeals panel, incorporate the results of any remanded grounds, and render a written decision on the appeal within three (3) days from the hearing of the appeal or remand.
  • Parties should be informed of whether the grounds for an appeal are accepted and the results of the appeal decision or remand.
  • Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing).
  • Parties will be informed in writing within three (3) days of the outcome of the Appeals Panel, without significant time delay between notifications, and in accordance with the standards for notice of outcome as defined above.
  • In rare cases where a procedural or substantive error cannot be cured by the original SCB hearing panel (as in cases of bias), the appeals panel may recommend a new SCB hearing with a new hearing panel. The results of a remand to a hearing panel cannot be appealed. The results of a new hearing can be appealed, once, on any of the three applicable grounds for appeals. 
  • ​In cases where the appeal results in reinstatement to the Mid-Plains Community College or resumption of privileges, all reasonable attempts will be made to restore the responding party to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

Failure to Complete Sanctions/Comply with Interim and Long-term Remedies/Responsive Actions

All responding parties are expected to comply with conduct sanctions, responsive actions, and corrective actions within the timeframe specified by the Dean or Associate Dean of Student Affairs. Failure to abide by these conduct sanctions, responsive actions, and corrective actions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions/responsive/corrective actions and/or suspension, expulsion, and/or termination from the Mid-Plains Community College and may be noted on a student’s official transcript. A suspension will only be lifted when compliance is achieved to the satisfaction of the Dean or Associate Dean of Student Affairs.

Records

In implementing this policy, records of all allegations, investigations, resolutions, and hearings will be kept by the Dean or Associate Dean of Student Affairs indefinitely in the Jenzabar Judicial Database. 

Statement of the Rights of the Parties
 

  • The right to investigation and appropriate resolution of all credible allegations of sexual misconduct or discrimination made in good faith to Mid-Plains Community College officials;
  • The right to be informed in advance of any public release of information regarding the incident;
  • The right not to have any personally identifiable information released to the public, without their consent;
  • The right to be treated with respect by Mid-Plains Community College officials;
  • The right to have Mid-Plains Community College policies and procedures followed without material deviation;
  • The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence; 
  • The right not to be discouraged by Mid-Plains Community College officials from reporting sexual misconduct or discrimination to both on-campus and off-campus authorities;
  • The right to be informed by Mid-Plains Community College officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities if the reporting party so chooses. This also includes the right not to be pressured to report, as well;
  • The right to have reports of sexual misconduct responded to promptly and with sensitivity by campus law enforcement and other campus officials;
  • The right to be notified of available counseling, mental health, victim advocacy, health, legal assistance, student financial aid, visa and immigration assistance, or other student services, both on campus and in the community;
  • The right to a campus no-contact order (or a trespass order against a non-affiliated third party) when someone has engaged in or threatens to engage in stalking, threatening, harassing, or other improper behavior that presents a danger to the welfare of the reporting party or others;
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual misconduct incident, if so requested by the reporting party and if such changes are reasonably available (no formal report, or investigation, campus or criminal, need to occur before this option is available).  Accommodations may include:
    • Change of an on-campus student’s housing to a different on-campus location;
    • Assistance from Mid-Plains Community College support staff in completing the relocation;
    • Transportation accommodations;
    • Arranging to dissolve a housing contract and pro-rating a refund;
    • Exam (paper, assignment) rescheduling;
    • Taking an incomplete in a class;
    • Transferring class sections;
    • Temporary withdrawal;
    • Alternative course completion options.
  • The right to have the Mid-Plains Community College maintain such accommodations for as long as is necessary, and for protective measures to remain confidential, provided confidentiality does not impair the institution’s ability to provide the accommodations or protective measures;
  • The right to be fully informed of campus policies and procedures as well as the nature and extent of all alleged violations contained within the report;
  • The right to ask the investigators to identify and question relevant witnesses, including expert witnesses;
  • The right to review all documentary evidence available regarding the report, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
  • The right to be informed of the names of all witnesses who will be called to give testimony, at least two (2) days prior to the hearing, except in cases where a witness’s identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the reporting party, which will always be revealed);
  • The right not to have irrelevant prior sexual history admitted as evidence;
  • The right to regular updates on the status of the investigation and/or resolution;
  • The right to have reports heard by hearing and appeals officers who have received [at least eight hours of] annual sexual misconduct training;
  • The right to a panel that is not single-sex in its composition, if a panel is used;
  • The right to preservation of privacy, to the extent possible and permitted by law;
  • The right to meetings, interviews, and/or hearings that are closed to the public;
  • The right to petition that any Mid-Plains Community College representative in the process be recused on the basis of demonstrated bias and/or conflict of interest;
  • The right to bring a victim advocate or advisor of the reporting party’s choosing to all phases of the investigation and resolution proceeding;
  • The right to provide evidence by means other than being in the same room with the responding party;
  • The right to have the university compel the participation of student, faculty, and staff witnesses, and the opportunity (if desired) to ask questions, directly or indirectly, of all present witnesses including the responding party, and the right to challenge documentary evidence;
  • The right to be present for all testimony given and evidence presented during any resolution-related hearing;
  • The right to submit an impact statement in person or in writing to the hearing officers following determination of responsibility, but prior to sanctioning;
  • The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;
  • The right to be informed in writing of when a decision by the Mid-Plains Community College is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the finding and sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the Mid-Plains Community College.

Statement of the Responding Party's Rights

The rights of the responding party should also be prominently indicated.

  • The right to investigation and appropriate resolution of all credible reports of sexual misconduct and/or discrimination made in good faith to Mid-Plains Community College administrators;
  • The right to be informed in advance, when possible, of any public release of information regarding the report;
  • The right to be treated with respect by Mid-Plains Community College officials;
  • The right to have Mid-Plains Community College policies and procedures followed without material deviation;
  • The right to be informed of and have access to campus resources for medical, health, counseling, and advisory services;
  • The right to timely written notice of all alleged violations, including the nature of the violation(s), the applicable policies and procedures, and possible sanctions; 
  • The right to a hearing on the report, including timely notice of the hearing date, and adequate time for preparation (does not apply to at-will employees);
  • The right to review all documentary evidence available regarding the report, subject to the privacy limitations imposed by state and federal law, at least two (2) days prior to the hearing;
  • The right to be informed of the names of all witnesses who will be called to give testimony, at least two (2) days prior to the hearing, except in cases where a witness’s identity will not be revealed to the responding party for compelling safety reasons (this does not include the name of the reporting party, which will always be revealed);
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus resolution process;
  • The right to have reports heard by hearing and appeals officers who have received at least eight (8) hours of annual training;
  • The right to petition that any Mid-Plains Community College representative be recused from the resolution process on the basis of demonstrated bias and/or conflict of interest;
  • The right to a panel that is not single-sex in its composition if a panel is used;
  • The right to meetings, interviews, and hearings that are closed to the public;
  • The right to have the Mid-Plains Community College compel the participation of student, faculty, and staff witnesses, the opportunity to ask questions, directly or indirectly, of all present witnesses, and the right to challenge documentary evidence;
  • The right to have an advisor of their choice to accompany and assist in the campus resolution process;
  • The right to a fundamentally fair resolution, as defined in these procedures;
  • The right to submit an impact statement in person or in writing to the hearing officers board following any determination of responsibility, but prior to sanctioning;
  • The right to a decision based solely on the evidence presented during the resolution process. Such evidence shall be credible, relevant, based on fact, and without prejudice;
  • The right to be promptly informed of the outcome and sanction of the resolution process in writing, without undue delay between the notifications to the parties;
  • The right to be informed in writing of when a decision of the Mid-Plains Community College is considered final, any changes to the sanction to occur before the decision is finalized, to be informed of the right to appeal the [finding and] sanction of the resolution process, and the procedures for doing so in accordance with the standards for appeal established by the Mid-Plains Community College.

Disabilities Accommodations in the Judicial Process

Mid-Plains Community College is committed to providing qualified students, employees, or others with disabilities with reasonable accommodations and support needed to ensure equal access to the Equity Resolution Process at Mid-Plains Community College. Anyone needing such accommodations or support should contact the Director of Adult Education/ADA, who will review the request and, in consultation with the person requesting the accommodation and the Vice-President of Student Affairs, determine which accommodations are appropriate and necessary for full participation.

Revision

These policies and procedures will be reviewed and updated annually by the Vice-President of Student Affairs. The Mid-Plains Community College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. The Vice-President of Student Affairs may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules, etc. The Vice-President of Student Affairs may also vary procedures materially with notice (on the institutional website, with the appropriate date of effect identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of the resolution will apply to the resolution of incidents, regardless of when the incident occurred. Policy in effect at the time of the offense will apply even if the policy is changed subsequently but prior to the resolution unless the parties consent to be bound by the current policy. If government regulations change in a way that impacts this document, this document will be construed to comply with government regulations in its most recent form.

This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such codes generally.

This policy and procedure were implemented in July 2018.