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MCC Police Annual Security Report

FALL 2021 ANNUAL SECURITY REPORT

Table of Contents

MCC Police overview

Campus policies

Safety tips for students, faculty and staff

Campus crime and arrest statistics

Clery campus and center boundary maps

Nondiscrimination and Equal Opportunity Statement

Publication of
The MCC Police Department
David J. Friend, chief of police
mccneb.edu/police
Metropolitan Community College
30th and Fort streets | P.O. Box 3777 | Omaha, NE 68103-0777
 

All efforts have been made to ensure the accuracy and inclusion of policies and statistics.We regret any errors or omissions.

Updated 10/2021


Public Safety Overview

The Metropolitan Community College Police department (hereinafter referred to as MCC Police) was established in October 2010 in response to a National trend of public postsecondary schools having dedicated law enforcement agencies, providing a quicker response time to incidents and offering college-specific services. MCC Police has the primary jurisdiction and responsibility to investigate crimes and provide police services for MCC locations within the four-county service area. Police Officers are located at the Elkhorn Valley, Fort Omaha and South Omaha Campuses and the various Centers as needed.

MCC Police is recognized by the Nebraska Commission of Law Enforcement and Criminal Justice as a Law Enforcement Agency; therefore, Police Officers are commissioned and certified as Nebraska Law Enforcement Officers. All commissioned law enforcement staff receive annual State mandated training and continuing education.

Every month, MCC Police provides its Uniform Crime Report to the Nebraska Crime Commission as required for the inclusion of crime statistics published by the Federal Bureau of Investigation.

The department also employs Public Safety Officers whose primary purpose is to provide security. PSOs are not armed and do not have arrest powers (non-commissioned); however, they undergo training in security, life safety and handling situations with which they may be called to respond.

The mission of the MCC Police is to provide a safe environment for students, faculty and staff that enhances the educational mission of MCC. Prevention of crime is a priority at all MCC educational sites. MCC Police is available 24 hours a day, seven days per week, including holidays.

Law enforcement inter-local

The MCC Police has requested to be part of the Douglas/Sarpy County Mutual Aid Inter-Local Cooperation Agreement, which empowers law enforcement officers of each cooperating agency to exercise extraterritorial law enforcement authority, including arrest and enforcement under the laws of this state and legal ordinances of each cooperating agency, within the jurisdiction of each of the cooperating agencies. The Inter-Local Agreement improves law enforcement services through joint cooperation for fuller authority and utilization of officers, training, sharing of equipment and other needs in common, such as mutual aid during emergencies.

Campus Policies

Reporting incidents to MCC Police

In cases where incidents occur, it is imperative that all students, faculty, staff and visitors report crime, suspicious activity or emergencies to the MCC Police as soon as possible. Because MCC Police reports are public records under state law, MCC cannot hold reports of crime in confidence.

MCC Police can be reached by calling 531-622-2222.

Annual Security Report

MCC Police has overall responsibility for the preparation and distribution of the Annual Security Report, which is reviewed and updated annually as one cohesive document per the requirements of the federal law known as the Clery Act, outlined below. To ensure the ASR is accurate and comprehensive, MCC Police uses its records and sends out formal requests for crime statistics and other necessary information to Campus Security Authorities and any law enforcement agencies that have jurisdiction over non-campus property. While statistical requests are made, outside agencies are not required to provide crime statistics and so not all do, and some data is provided in a manner that does not provide adequate information for a statistical determination; all viable statistics that are provided are included in the crime numbers offered later in this report. The data is compiled and reviewed to ensure that no duplication occurs and incidents are appropriately categorized. MCC Police maintains all records concerning the completion of the ASR (crime reports, daily incident summaries, referrals for disciplinary action and copies of timely warnings). The ASR is completed and posted by Oct. 1 of each year. The ASR and other crime prevention, safety and reporting information can be found at mccneb.edu/police. MCC Police is also responsible for uploading the applicable three-year statistics regarding crimes, as found in the ASR, to the Department of Education’s website (http://ope.ed.gov/security/; click on “Get data for one institution/campus” and search for “Metropolitan Community College Area”) by Oct. 1 of each year.

The College understands the importance of the information provided in its Annual Security Report and ensures that its existence and location, and that a paper copy will be provided upon request, is adequately publicized. A mass email is sent to all students and employees each September to notify them that the newest version of the Annual Security Report is available and the specific website address where the report is located. Prospective students are notified of the report via a link on the prospective students’ webpage; prospective employees are notified through a statement on the Human Resources application website.

The Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses. The “Clery Act” is named in memory of 19-year-old Lehigh University freshman Jeanne Ann Clery, who was raped and murdered while asleep in her residence hall room on April 5, 1986. The law is linked to an institution’s participation in federal student financial aid programs, and it applies to most higher education institutions, both public and private. The Clery Act is enforced by the United States Department of Education. Among other things, the Clery Act requires colleges and universities to:

Publish an Annual Security Report by Oct. 1 of each year, documenting three calendar years of select campus crime statistics, including security policies and procedures and information on the basic rights guaranteed to victims of sexual assault, domestic violence, dating violence, and stalking. The law requires that schools make the report available to all current students and employees, and prospective students and employees must be notified of its existence and given a copy upon request. Schools may comply with this requirement via the internet if required recipients are notified and provided exact information regarding the online location of the report.

Maintain a public crime log – Institutions with a police or security department are required to maintain a public crime log documenting the “nature, date, time and general location of each crime” and its disposition, if known. Incidents must be entered into the log within two business days. The log must be accessible to the public during regular business hours, remain open for 60 days, and, subsequently, made available within two business days upon request.

Disclose and provide to the U.S. Department of Education crime statistics for incidents that occur on campus, in unobstructed public areas immediately adjacent to or running through the campus, and at certain non-campus facilities. The statistics must be gathered from campus police or security, local law enforcement and other school officials (Campus Security Authorities) who have “significant responsibility for student and campus activities.” The Clery Act requires reporting of the following crimes and law violations:
 

The Clery Act requires reporting of the following crimes and law violations:
CRIMINAL HOMOCIDE
  • Murder/non-negligent manslaughter
  • Manslaughter by negligence
HATE CRIMES - Must be reported by category of prejudice, including race, gender, religion, national origin, sexual orientation, gender identity, ethnicity and/or disability. In addition to the other crimes, if the crime committed is classifies as a hate crime, statistics are required for the following four crime categories:
  • Larceny/Theft
  • Simple Assault
  • Intimidation
  • Destructive/Damage/Vandalism of Property
SEX OFFENSES
  • Rape
  • Fondling
  • Negligence
ARRESTS/REFERRALS - Institutions are required to report statistics for the following categories of arrests, or referrals for campus disciplinary action if an arrest was not made:
  • Illegal Weapons Possession
  • Liquor Law Violations
  • Drug Law Violations
ROBBERY
AGGRAVATED ASSAULT
BURGLARY
MOTOR VEHICLE THEFT
ARSON
DOMESTIC VIOLENCE

Timely warning

In the event that a situation arises either on or off campus that in the judgment of the MCC Police chief constitutes an ongoing or continuing threat, a campus timely warning will be issued.

Notifications are made by broadcasting an emergency alert message through the following methods of communication:

  • MCC homepage
  • MCC students via MCC student email
  • MCC staff via MCC employee email
  • Digital signage on television monitors in commons areas
  • Text messaging - students and employees can enroll through the MCC "My Way" portal at no charge (provider fees may apply)
  • Alertus emergency alert beacons

Emergencies on campus

Generally speaking, a campus is defined as “any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and

Any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).” (34 CFR 668.46(a))

An emergency is defined as any sudden, urgent, usually unexpected occurrence or occasion requiring immediate action.

Emergency response and evacuation procedure

Upon the report of any potential emergency on campus, MCC Police staff will immediately respond to the location of the reported incident and immediately make an assessment and determination of the nature and scope of the event. In the event that the officer on scene determines that there is a potential and or imminent threat to the safety of any student, faculty member, staff or visitor, the officer will initiate the emergency notification system. The notification will be made according to established procedures, which ensure mitigation of the event and the simultaneous containment of the situation. Persons in affected areas will immediately be notified by text message; Alertus brand emergency beacon system, email, digital signage or other communication means of the event, and be given specific instructions on what to do to ensure their safety.

MCC Police staff has the responsibly for ensuring that regular testing of the emergency alert system is conducted on a prescribed schedule. Besides the annual general testing that is done, periodic testing at random locations are conducted to determine if equipment is working properly as well as that there are no impediments to the audio or video messages. Along with the testing procedure, the administration and MCC Police staff may conduct simulated exercises or emergency situations. The planning of these exercises considers all factors in order to ensure that they can be accomplished with the least amount of interference with the learning environment.

If it is determined that such training exercise(s) affect those outside of the college environment and campus, the MCC Police chief will ensure that notifications and coordinated arrangements are made.

In the event that it is determined that a campus event may affect the community, and it is necessary to utilize the media as a communication medium, then the MCC Police chief or subordinate will ensure that proper contacts are made and the College’s press policy guidelines are followed.

The MCC Police chief and subordinate staff are responsible for ensuring the emergency notification policies are maintained and in total compliance.

Drills and exercises

As part of its ongoing emergency preparedness program, MCC Police conducts tests of the MCC Alert Emergency Notification System and tracks the success rates of issued alerts. The tests are focused on the text messaging and email capabilities of the system. In addition, the system allows for the tracking of results for each actual alert sent and this information is reviewed for each incident. The data for alerts shows that the system has a notification success rate of 92 percent or better, and that most failures are not a result of the system (i.e. those signing up entered their information incorrectly).

MCC Police also conduct annual tests of various evacuation procedures. The tests include tornado drills, as well as tabletop or other exercises that relate to specific scenarios, such as Active Shooter Response training. Any tests will be announced, as the College does not generally conduct unannounced tests. For all tests/drills, the pertinent staff in the applicable buildings are informed of the drill and required to explain the situation to those who will be affected by the drill (i.e. staff and students).

For additional information and emergency procedures, including specific evacuation plans and shelter areas for each campus, see:

Metropolitan Community College’s Emergency Procedures Handbook.
(also online at myway.mccneb.edu. Search “Emergency Procedures Handbook.”)

Drug and alcohol policy

MCC policy prohibits the unlawful possession, use or distribution of illicit drugs and/or alcohol by students and employees on College property or as a part of any College activities. State and federal laws and any applicable city ordinances pertaining to the possession and use of alcoholic beverages and illicit drugs shall also be enforced.

Additionally, MCC Police department publishes the Drug-Free School and Community Act brochure annually. The Drug-Free School and Community Act brochure addresses Standards of Conduct; Legal Prohibitions and Sanctions; Health Risks of Drug and Alcohol Use; Disciplinary Actions; and Drug and Alcohol Services. This brochure can be found at mccneb.edu/police.

Weapons possession

The illegal possession, use or sale of firearms, ammunition, fireworks, major or minor explosives, or any lethal weapon are forbidden and subject to College discipline as well as criminal sanctions.

Sex offender notification

Any MCC student or employee who requests information about a suspected sex offender who is working or studying on campus should contact the Nebraska State Patrol, which keeps a list of registered sex offenders. The NSP Omaha phone number is 402-331-3333. The NSP Sex Offender Registry website is sor.nebraska.gov.

Violence Against Women/Campus SaVE Act

The Violence Against Women Act was signed into legislation by President Clinton in 1994 and the Jeanne Clery Act was amended in 2013 by Congress to include reporting requirements on dating violence, domestic violence and stalking at institutions of higher learning. Each U.S. state has its own statutory requirements for dating violence, domestic violence and stalking.

Sexual misconduct and interpersonal violence policy

MCC identifies sexual misconduct as follows:
Sexual misconduct includes but is not limited to:

  1. Sexual assault: engaging in vaginal, oral or anal intercourse or penetration without that person’s consent.*
  2. Nonconsensual sexual contact: engaging in the intentional touching of any person’s genitalia, groin, breast, buttock or clothing covering them, or forcing a person to touch another’s genitalia as listed above without that person’s consent.*
  3. Sexual exploitation: taking nonconsensual, unjust or abusive sexual advantage of another for one’s own advantage or benefit; or to benefit or advantage anyone other than the one being exploited; even if that behavior does not constitute rape, sexual assault or sexual harassment. Examples of sexual exploitation include but are not limited to prostituting another person; nonconsensual sexually oriented photographing of another person; video or audio taping of sexual activity without the participant(s)’s consent; going beyond the boundaries of consent, such as allowing others to observe sexual activity without the consent of a partner; engaging in voyeurism; and inducing incapacitation with the result of inflicting sexual misconduct on another person or with the result of creating opportunity for a third party to inflict sexual misconduct on another person.
  4. Sexual harassment: sexual harassment is considered prohibited conduct as states in II, 6 of the Student Code and the College’s Sexual Harassment Policy. Depending upon the nature and severity of the harassment, it may also qualify as sexual misconduct.

The two categories of sexual harassment are:

Quid pro quo – Sexual harassment presented as a “bargain” (quid pro quo). Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a superior position constitutes “bargained-for sexual harassment” when submission by another is made either an explicit or implicit term or condition of employment or of academic standing.

Environmental sexual harassment – Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute “environmental sexual harassment” when such conduct has the purpose or effect of creating an intimidating, hostile or offensive environment which unreasonably interferes with another’s work, academic performance or privacy.

Note: Title IX requires institutions to respond to both sexual violence and sexual harassment. Sexual harassment is also a violation of College Policy. The College’s Sexual Harassment Policy can be found in Procedures Memorandum, V-2 for students and in VI-34 for employees. The support services, education, prevention, outreach and the rights of the student victim and accused (if a student) are similar to the information noted in this policy. Should you experience sexual harassment, contact the campus dean of the campus on which any part of the harassment has occurred.

* An action is “without that person’s consent” when it is inflicted upon a person who has not freely and actively given consent. 'Consent' is an understandable exchange of affirmative actions or words which indicate an active, knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent is not freely given when it is in response to force or threat of force or when a person is incapacitated by the (voluntary or involuntary) use of drugs or alcohol or when the person is otherwise physically helpless and the person performing the act knows or should reasonably know that the other person is incapacitated or otherwise physically helpless. A person is not required to physically resist sexual conduct in order to show lack of consent. Past consent for sexual activity does not imply ongoing future consent.

Domestic/dating violence

Physical abuse, domestic/dating violence, threats, intimidation, harassment, coercion and/or any other conduct which threatens or endangers the health or safety of any person includes but is not limited to:

  1. Conduct which threatens, coerces, harasses or intimidates another person or identifiable group of persons, in a manner that is unlawful or in violation of a constitutionally valid College policy, while on MCC premises or at College activities based upon a person’s race, color, religion, national origin, gender, sexual orientation, gender-identity, creed, disability or veteran status.
  2. Unlawful harassment which leads to a hostile environment. Unlawful harassment includes contact that creates a hostile environment by meeting the following criteria:
    1. Directed toward a particular person or people;
    2. Based upon the person’s race, color, religion, national origin, gender, sexual orientation, gender identity, creed, disability or veteran status;
    3. Unwelcome;
    4. Severe or pervasive;
    5. Objectively offensive;
    6. So reasonably interferes with the target person’s employment, academic pursuits or participation in College sponsored activities as to effectively deny equal access to the College’s resources and opportunities.

Stalking includes but is not limited to: engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  • Fear for their safety or the safety of others
  • Suffer substantial emotional stress

The College addresses violations of policy and the Student Code of Conduct. Violations of policy and the Code may also be violations of law, and for that purpose, the College has included in this document the Nebraska statute which address rape, sexual assault, domestic and dating violence and stalking, which include:

Domestic assault (Nebraska Revised Statutes 28-323)

Definitions:

  • “Intimate partner” means a spouse, a former spouse, persons who have a child in common (whether or not they have been married or lived together at any time) and persons who are or were involved in a dating relationship.
  • “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. This does not include a casual relationship or an ordinary association in a business or social context.

First-degree domestic assault:
A person commits first-degree domestic assault by intentionally or knowingly, causing serious bodily injury to his/her intimate partner.

Class IIA Felony
Class II Felony for a second or subsequent violation.

Second-degree domestic assault:
A person commits second-degree domestic assault by intentionally or knowingly, causing bodily injury to his/her intimate partner, with a dangerous instrument.

Class IIIA Felony
Class IIA Felony for a second or subsequent violation.

Third-degree domestic assault:
A person commits third degree domestic assault by intentionally or knowingly:

Causing bodily injury to his/her intimate partner, OR
Threatens an intimate partner with bodily injury, OR
Threatens an intimate partner in a menacing manner.

Class I Misdemeanor

Class IIIA Felony for second or subsequent violation of threatening or causing bodily injury to an intimate partner.

Strangulation (Nebraska Revised Statutes 28-310.01)

A person commits strangulation if he/she knowingly or intentionally impedes the normal breathing or normal blood circulation by applying pressure on the throat or neck of another person.

Class IIIA Felony
Class IIA Felony for a second or subsequent offense, or if offender used or attempted to use a dangerous instrument

Stalking (Nebraska Revised Statutes 28-311.03)

Any person who willfully harasses another person with the intent to injure, threaten or intimidate commits the offense of stalking.

Definitions:
“Harass” means a knowing and willful course of conduct directed at a specific person that seriously terrifies, threatens or intimidates the person and which serves no legitimate purpose.

  1. The course of conduct must be such conduct as would cause a reasonable person to suffer substantial emotional distress, and
  2. The course of conduct must also actually cause substantial emotional distress to the person.

“Course of Conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking the person, telephoning the person, contacting or otherwise communicating with the person.

Class I Misdemeanor (first offense)

Class IIIA Felony: If they have a prior stalking conviction within the last seven years; the victim was under 16 years old; the suspect possessed a deadly weapon at any time during the violation.

Harassment protection order violation (Nebraska Revised Statutes 28-311.09)

It is unlawful for any person to knowingly violate a harassment protection order, after service or notice of such order.

Procedure for obtaining a harassment protection order:

Any victim who has been harassed may file for a harassment protection order by filing a petition with the clerk of the court.

The court may then issue an order to enjoin the respondent from:

  1. Imposing any restraint upon the person or liberty of the petitioner,
  2. Harassing, threatening, assaulting, molesting, attacking or otherwise disturbing the peace of the petitioner,
  3. Telephoning, contacting or otherwise communicating with the petitioner.

Duration of restrictions:
A harassment protection order is effective for one year unless dismissed or modified by a court.

Service and Notice Provisions:

A court may issue a harassment protection after a hearing or may issue a temporary order ex parte, with notice to respondent of how to request a hearing.

If the respondent is present at the hearing, such person is deemed to have notice of the harassment protection order and no further service is required for enforcement and prosecution of violations.

If the respondent is not present at the hearing but was served with a temporary ex parte order, that service will serve as notice of the harassment protection order and violations may be enforced and prosecuted.

Class II Misdemeanor

Domestic abuse protection order violation (Nebraska Revised Statutes 42-924 (4))

It is unlawful for any person to knowingly violate a domestic abuse protection order, after service or notice of such order.

Procedure for obtaining a domestic abuse protection order (42-924 (1)):

Any victim of domestic abuse may file for a domestic abuse protection order by filing a petition with the District Court.

The court may then issue the following relief:

  1. Enjoining respondent from imposing any restraint upon the person or liberty of the petitioner,
  2. Enjoining respondent from harassing, threatening, assaulting, molesting, attacking or otherwise disturbing the peace of the petitioner,
  3. Enjoining respondent from telephoning, contacting or otherwise communicating with the petitioner,
  4. Removing and excluding the respondent from the home of the petitioner, regardless of ownership of the residence,
  5. Ordering respondent to stay away from any place specified by the court,
  6. Awarding petitioner temporary custody of minor children, not to exceed 90 days
  7. Enjoining respondent from possessing or purchasing a firearm,
  8. Ordering other relief necessary for the safety of petitioner and any designated household or family members.

Duration of a domestic abuse protection order:
A domestic abuse protection order is effective for one year unless dismissed or modified by a court.

Definitions:
Abuse means the occurrence of one or more of the following acts between household members:

  1. Attempting to cause or intentionally and knowingly causing bodily injury with or without a dangerous instrument;
  2. Placing, by means of credible threat, another person in fear of bodily injury;
  3. Engaging in sexual contact or sexual penetration without consent as defined by [28-318].

“Credible threat” means a verbal or written threat, or a threat that is implied by a pattern of conduct or a combination of verbal, written or electronically communicated statements and conduct made by a person with the apparent ability to carry out the threat so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her family.

Family or household members includes spouses, former spouses, children, persons who are presently or have previously resided together, persons who have a child in common (whether or not they have been married or have lived together at any time), other persons related by consanguinity or affinity, and persons who are presently or have previously been involved in a dating relationship with each other.

Service and notice provisions:
A court may issue a harassment protection after a hearing or may issue a temporary order ex parte, with notice to respondent of how to request a hearing.

If the respondent is present at the hearing, such person is deemed to have notice of the harassment protection order and no further service is required for enforcement and prosecution of violations.

If the respondent is not present at the hearing but was served with a temporary ex parte order, that service will serve as notice of the harassment protection order and violations may be enforced and prosecuted.

Class I Misdemeanor;
Class IV Felony if the offender has a prior conviction for violating any protection order.

Sex offenses (Nebraska Revised Statutes 28-317 to 28-322.04)

Rape as defined by the Federal Bureau of Investigation through the Uniform Crime Reporting: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

(Nebraska Revised Statutes 28-317 to 28-322.04)
Special Considerations for Sex Offense Investigations:

Nebraska law is intended to protect the victim of criminal sexual offenses at all stages of the judicial process.

The alleged offender shall have constitutionally guaranteed due process procedures preserved.

There shall be a system of investigation, prosecution, punishment and rehabilitation for the welfare and benefit of the residents of Nebraska.

Definitions:
“Actor” means a person accused of sexual assault.

“Force or threat of force” means:

  1. Use of physical force that overcomes the victim’s resistance or
  2. Threat of physical force, express or implied, against the victim or a third person that:
    1. Places the victim in fear of death or serious personal injury to the victim or a third person, and
    2. The victim reasonably believes that the actor has the present or future ability to execute the threat.

“Genitalia“ means the genital area, groin, inner thighs, buttocks or breasts;

“Past sexual behavior” means sexual behavior other than the sexual behavior upon which the sexual assault is alleged.

“Serious personal injury” means great bodily injury or disfigurement, extreme mental anguish or mental trauma, pregnancy, disease or loss or impairment of a sexual or reproductive organ;

“Sexual contact” means contact that can only be reasonably construed as being for the purpose of sexual arousal or gratification of either party:

  1. Intentional touching of the victim’s sexual parts or genitalia,
  2. Intentional touching of the victim’s clothing covering the immediate area of the victim’s sexual parts or genitalia, or
  3. Touching by the victim of the actor’s sexual parts or genitalia or the clothing covering the immediate area of the actor’s sexual or genitalia when such touching is intentionally caused by the actor.

“Sexual penetration” means:

  1. Sexual intercourse in its ordinary meaning;
  2. Cunnilingus, fellatio anal intercourse; or
  3. Any intrusion, however slight, of any part of the actor’s or victim’s body or any object manipulated by the actor into the genital or anal openings of the victim’s body which can be reasonably construed as being for nonmedical or non-health purposes
  4. Sexual penetration does not require emission of semen.

“Victim” means the person alleging to have been sexually assaulted.

“Without consent” means:

  1. Victim was compelled to submit due to the use of force or threat of force or coercion,
  2. Victim expressed lack of consent by words or conduct, or
  3. Consent given as a result of the actor’s deception as to the identity of the actor or the nature or purpose of the act on the part of the actor.

Examination of victim, authorization not required (Nebraska Revised Statutes 29-4306)

The victim of sexual assault or domestic violence victim may be examined by a health care professional or emergency room without separate authorization by a law enforcement agency.

With the consent of the victim, such examination shall include the collect forensic evidence using a standardized sexual assault evidence collection kit.

Examination of an 18-year-old victim does not require consent or notification of their parent, guardian or any other person having custody of the victim.

Costs of forensic tests (Nebraska Revised Statutes 13-607)

The full out-of-pocket cost or expense that may be charged to a sexual assault victim in connection with a forensic medical examination shall be paid for by the primary law enforcement agency investigating the reported sexual assault.

Resistance required by victim

The victim need only resist verbally or physically:

  1. To make the victim’s refusal to consent genuine and real
  2. To reasonably make known to the actor the victim’s refusal to consent
  3. A victim need not resist verbally or physically if it would be useless or futile to do so

Sexual assault first degree (28-319)

Any person who subjects another person to sexual penetration:

  • Without the consent of the victim, or
  • Who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or
  • When the actor is 19 years of age or older and the victim is at least 12 but less than 16 years of age.

Class II Felony

The sentencing judge shall consider whether the actor caused serious personal injury to the victim in reaching a decision on the sentence.

Mandatory 25 years in prison for a second or subsequent offense.

Sexual assault second degree (28-320)

Any person who subjects another person to sexual contact:

  • Without consent of the victim or
  • When the actor knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct, and
  • The actor causes serious personal injury to the victim.

Class IIA Felony

Sexual assault third degree (28-320):

Any person who subjects another person to sexual contact:

  • Without consent of the victim or
  • When the actor knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct (no serous personal injury).

Class I Misdemeanor

Education, prevention, counseling and other outreach

The College provides educational programming on sexual assault, sexual misconduct, sexual harassment, dating and domestic violence prevention, stalking and personal safety through a variety of avenues. MCC Police present programs on personal safety and are available to present programs to students, faculty or staff.

Bystander intervention

Often the most effective way to help is through intervention by peers. As students and members of this campus community, each should be invested in the well-being of their peers. If you see something going on with a fellow student that doesn’t seem right, say something to someone and consider doing something to help. Do not be afraid to talk to a friend or acquaintance about your concern for them and provide them with assistance. Below are some ways a bystander could intervene:

  • Notice the issue: listen to your gut instincts. If something doesn’t look or feel right about a situation, take a few moments to assess the situation.
  • Interpret the urgency: now that the situation has been briefly assessed, determine the urgency of the situation. Is this something that is an emergency? Is this something where someone needs help? Is this something myself (or perhaps two of us) could address and assist with?
  • Take responsibility: take responsibility for providing help. Whether intervening firsthand or calling for help, once the decision is made to help, follow through is vital.

Ways to provide help

  • Call police or a friend to assist
  • Help the person leave the situation; connect them with friends or help them get home safely
  • Confront the behavior which is occurring and address the issue
  • Diffuse the situation – distract the parties, introduce others (such as friends of either party) who can help deescalate the situation, separate the individuals

Tips for intervening

  • Always approach everyone from a place of care and concern
  • Do not be antagonistic, accusatory or condescending
  • Avoid using violence or threats of violence
  • Be honest, direct and as clear as possible as to why you are there
  • Get help if necessary
  • Keep yourself safe
  • If things escalate or you feel unsafe, call the police

Students have the ability to create a campus environment free of interpersonal and sexual violence, free of words and behaviors which make any member of the community feel marginalized. We encourage students to educate themselves about interpersonal and sexual violence, as well as issues surrounding bias and to share this knowledge and information with their friends and peers. We encourage students to confront their friends and peers who make excuses for their (or other people’s) abusive or inappropriate behaviors. We encourage students to speak up against racist, homophobic and sexist remarks.

Education and training: sexual misconduct

Students and employees are offered education and training that promotes awareness of matters related to sexual harassment and misconduct including education on rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking. MCC utilizes a range of campaigns, strategies and initiatives to promote awareness and prevention programming.

Educational presentations are offered to raise awareness for current students, staff and faculty on the following, but are not limited to:

  • Identifies sexual assault, domestic violence, dating violence and stalking as prohibited conduct by MCC policies and state criminal law;
  • Defines what behavior constitutes sexual assault, domestic violence, dating violence and stalking pursuant to MCC policies and Nebraska state statutes.
  • Defines what behavior and actions constitute consent to sexual activity pursuant to MCC policies and Nebraska state statutes;
  • Provides safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of sexual assault, domestic violence, dating violence or stalking against a person other than the bystander.
  • Provides information on risk reduction so that students and employees may recognize warning signs of abusive behavior and how to avoid potential attacks.

These programs are offered in the new student orientation, on-campus classes throughout the year, and new faculty orientations, departmental meetings. Annual community resource fairs are hosted on three main campuses to inform students and employees of the resources available in the community to provide support and services. The following agencies have participated:

Catholic Charities, Christian Outreach Program-Elkhorn, Heartland Workforce Solutions/WorkOpps, One World Health (Health Insurance marketplace), Vocational Rehabilitation, Women’s Center for Advancement, Lutheran Family Services and Nebraska Domestic Violence Sexual Assault Coalition.

MCC also requires all new employees to complete discrimination and harassment training. All responsible employees were offered training about duties upon receipt of a report of sexual assault. This training includes information on supporting and understanding the specific experience of sexual assault victims.

Programs offered to students and employees include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management and bystander intervention), and discuss institutional policies on sexual misconduct as well as Nebraska State Statute definitions of domestic violence, dating violence, sexual assault, stalking and consent in reference to sexual activity. Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals and how to avoid potential attacks, and do so without victim-blaming approaches. Programs are informed by evidence-based research and are assessed for their effectiveness.

Bystander engagement/intervention is encouraged through safe and positive interaction techniques and by empowering third-party intervention and prevention such asking the victim if they need help, calling 911 for help, identifying allies and/or creating distractions. Bystander intervention training highlights the need for those who intervene to ensure their own safety in the intervention techniques they choose, and motivates them to intervene in the safety of the community when others might choose to be bystanders.

Guide for students who are experiencing relationship/domestic violence and/or stalking

Relationship/domestic violence and stalking can, like sexual assault, affect everyone, regardless of gender and can occur in any relationship, whether you are straight, gay, lesbian, transgender, queer or questioning. Victims of relationship/domestic abuse and stalking can experience a myriad of emotions, including fear, anger, self-blame, betrayal, as well as feelings of shame and guilt.

Resources, both on campus and in the community which help victims of sexual assault, are also available to victims of relationship/domestic violence and stalking. The Conduct Code process provides victims of relationship/domestic violence and stalking with the same resources and rights in our process as noted above for sexual misconduct. The Title IX coordinator, or designee, is available to go over avenues for resolution, available campus resources, as well as interim actions and accommodations. MCC Police can provide information regarding pursing criminal action (or connecting you with law enforcement in the appropriate jurisdiction), a personal safety plan, as well as information on obtaining a protective order. If a protective order is obtained, it is recommended that MCC Police keep a copy on file. If the order is against a student, MCC Police, as well as the Title IX coordinator, or designee, can assist with its implementation in the campus environment (which may include, when possible, adjustment of class schedule and working with both parties to avoid contact).

Guide for students who have been sexually assaulted

Sexual assault is an act of violence. Crimes of violence affect everyone, regardless of gender and can occur in any relationship, whether you are straight, gay, lesbian, transgender, queer or questioning sexual violence affects everyone. Victims of a sexual assault are often in a state of disbelief and shock, feeling angry, fearful and helpless and can also be feeling shame and guilt. The variety of emotions which can be experienced by a victim of sexual assault can be overwhelming and he/she may not know who they can ask for help. We provide this guide in an effort to help give students resources to assist in their recovery and to help prevent a future assault. MCC Police encourage students to seek help from the resources presented.

  1. If a student is sexually assaulted, the student should:
    • Get to a safe place as soon as possible.
    • Try to preserve physical evidence. Do not wash, bathe, shower, douche, use the toilet or change clothing. If changing clothes is unavoidable, put all the clothing you were wearing in a paper bag, not a plastic bag. Do not move any physical items which may have been touched by the assailant.
    • Get medical attention as soon as possible. It is important to address your physical health needs. In addition, it is important in order to preserve and collect evidence should you decide later to pursue legal action.
    • Contact MCC Police by calling 531-622-2222. Calling MCC Police does not mean you must pursue criminal charges. Officers are trained to help assist you in securing medical attention and professional counseling.
    • Talk with a counselor. They can provide you with emotional support as well as additional resources in a confidential environment.
    • Talk. Turn to those you trust your friends, family or someone who can help support you through your recovery. You can also find numerous support people in the College community. Being able to talk about and process what has happened is a vital step in your recovery.
    • Consider your options. You have the ability to consider criminal action as well as pursuing action through the Conduct Code process on campus (if your assailant is a student). This document provides you with information on both avenues. If you have questions you can call the MCC Police, the dean of Student Advocacy and Accountability or the vice president for Campuses and Student Affairs (their numbers can be found further in this policy).
  2. Past abuse or assault
    It is not uncommon for a sexual assault victim to withdraw and never tell anyone of the incident. Whether the assault occurred years ago or recently, please seeks out assistance. You can also contact local agencies (a list appears elsewhere in this document).
  3. Medical treatment
    It is very important to seek out medical attention so you can be assessed and treated for any physical injuries. Evaluation of sexual assault includes the testing and treatment for sexually transmitted diseases, medication to prevent pregnancy and the preservation, collection and documentation of evidence of the assault (which would aid in criminal prosecution, should you decide to pursue legal action). DNA and forensic evidence should be collected immediately, preferably within the first 72 hours. Evidence can be collected later but the quality and quantity of the evidence can be greatly impacted. Medical attention is vital and does not mean you must pursue criminal charges. Should you deem your injuries critical or life-threatening, call 911.
  4. Immediate emergency services
    A special exam should be conducted as soon as possible after a sexual assault. Even if there are no physical injuries, this special exam, which includes a rape kit, is recommended to maintain all legal options. The exam is performed by an emergency department physician and/or a specially trained nurse. A nurse is also present throughout the procedure and you are welcome to have a support person with you as well. Note: routinely, hospital staff will contact the police whenever treatment is provided for injuries that could be the result of a crime. Although the police are contacted and may respond, this does not mean you have to proceed with criminal charges.
  5. Reporting to MCC Police
  6. If a violation of the policy or the Student Conduct Code occurs on MCC property at an MCC sanctioned event or during MCC sanctioned travel, call 531-622-2222 to reach MCC Police. Choosing to speak with an officer and report an incident does not necessarily mean that you have to choose to prosecute or pursue campus action through the Conduct Code process. You may choose whether to pursue criminal or campus action at a later time. College police will begin a preliminary investigation into the alleged incident. The police share the report with the Title IX coordinator, or designee, who will meet with the alleged victim from a place of care and concern and to go over avenues for resolution, available campus resources, as well as supportive measures.
  7. Criminal investigation and charges

    MCC Police investigate reported crimes and provide information on all sexual assaults and other felonies to the appropriate County Attorney’s office. If a crime is reported off campus, other police jurisdictions are likely to be the primary investigative agency. If you chose to pursue criminal charges, and if the County Attorney determines there is enough evidence to prosecute the case, the County Attorney’s office will be responsible for filing those charges and for all costs associated with the prosecution and will represent you, as the victim, in the criminal proceedings.

    You may request the presence of a support person during police interviews. If the county attorney’s office files charges, the suspect is taken into custody and charged. The suspect will be taken before a judge and charged with the appropriate offense. A suspect under investigation for any criminal offense has a constitutional right to have a lawyer present during questioning; however, the suspect does not have a right to have a support person other than a lawyer.

    The final decision on whether to file charges rests with the County Attorney. A lawyer from the County Attorney’s office may provide you with guidance on whether pressing charges is appropriate. MCC Police investigate all crimes that occur on campus. Officers understand that the questions related to the incident can be difficult for victims.

    You may request the presence of a support person during police interviews. If you choose to pursue criminal prosecution and the County Attorney’s office files charges, the suspect is taken into custody and charged. The suspect will be taken before a judge and charged with the appropriate offense.

    A suspect or student under investigation for any criminal offense by the College Police has a constitutional right to have a lawyer present during questioning; however, the student/suspect does not have a right to have a support person other than their lawyer.

  8. Procedures for cases involving a student assailant

    The Conduct Code process is the adjudication process for any alleged violation of the Student Code. The process works to provide a prompt, fair and impartial investigation and resolution to alleged violations of the Code. Hearing officers and staff that work with the Conduct Code process receive training on sexual misconduct issues and process and procedures related to resolving cases of alleged sexual misconduct.

    Sexual misconduct (as defined in this policy) is prohibited at the College and is a violation of the Student Code Conduct. Students have a right to file a formal complaint of sexual misconduct with the Title IX coordinator. When a report of sexual misconduct is received, the student will have the opportunity to provide a written statement regarding the incident. Given the serious nature of sexual misconduct, MCC Police will be contacted to investigate. MCC Police will then provide the results of their information as additional documentation for the Conduct Code process. Complaints of sexual misconduct shall be resolved according to the procedures outlined in the Conduct Code unless otherwise specified. A preponderance of the information (whether more likely than not) is the standard used for determination of responsibility for any alleged violation of the Student Code of Conduct.

    The Title IX coordinator, or designee, will meet with the alleged victim from a place of care and concern and to go over avenues for resolution, available campus resources, as well as supportive measures. The coordinator can assist with implementing protective measures (such as no contact orders).

    Retaliation is prohibited, including any retaliation facilitated on behalf of an individual by a third party. Should an act of retaliation occur, disciplinary action (as well as any other action, such as criminal should it necessitate) will occur.

    Minimum recommended sanction for a violation of sexual misconduct is College suspension.

    Rights of the victim

    Any person who is a complainant in a case of sexual misconduct shall be afforded all rights as outlined in the Conduct Code plus the following rights specific to sexual assault cases:

    • The right to be assisted by an advisor, advocate or support person of their choice, at their own expense (if a fee is charged), throughout the entire Conduct Code process, including investigation, informal disposition of the case, hearings and appeals. The advisor, advocate or support person may not speak in any proceeding or part of the process. They may only speak in private to the victim.
    • The right to have their name or other personally identifiable information withheld (by the College) from release to the public, the press or others who are not directly involved in the case. This is to include any College judicial records related to the case.
    • The right to be notified of the outcome of any Conduct Code action in a case of sexual misconduct concurrent to the notification of the accused (if participating in the hearing process, or subsequent if not participating).
    • The right to request extra time to make up academic work the student has missed because of time lost due to the assault, investigation and the hearing. This is done solely at the discretion of the professor.
    • The right, when reasonable and possible, to have their classes reassigned so as not to share classes with the accused.
    • The right not to have the student’s sexual history discussed during the hearing.
    • The right to be present for the entire hearing (with the exception of deliberations).
    • The right to make a victim impact statement to be presented to the hearing body subsequent to a determination of responsibility for a violation of the Student Code and prior to the determination of a sanction or sanctions.

    Rights of the accused

    A student facing charges of sexual misconduct is afforded all rights as outlined in the Conduct Code, plus the following rights specific to sexual assault cases:

    • The right to be assisted by an advisor, advocate or support person of their choice, at their own expense (if a fee is charged), throughout the entire Conduct Code process This includes investigation, informal disposition of the case, hearings and appeals. The advisor, advocate or support person may not speak in any proceeding or part of the process.
    • The right to have their name or other personally identifiable information withheld from the public as part of the disciplinary process however at the close of the process, when a case is resolved, the College is permitted to release name, charge(s) and resolution of the case (records in the Police Department are not covered the same and may be released to the public unless doing so would impact their investigation).
    • The right to be notified of the outcome of any Conduct Code action in a case of sexual misconduct concurrent to the notification of the accused (if participating in the hearing process, or subsequent if not participating).
    • The right to request extra time to make up academic work the student has missed because of time lost due to the investigation and the hearing. This is done solely at the discretion of the professor.
    • The right, when reasonable and possible, to have their classes reassigned so as not to share classes with the student complainant.
    • The right not to have the student’s sexual history discussed during the hearing.
    • The right to be present for the entire hearing (with the exception of deliberations).
    • The right to make a victim impact statement to be presented to the hearing body subsequent to a determination of responsibility for a violation of the Student Code and prior to the determination of a sanction or sanctions.
  9. Confidential reporting

    If a student complainant does not want to pursue a formal resolution or requests that the complaint be kept confidential, Title IX nevertheless requires MCC to investigate and take reasonable action in response to the complainant’s information. The student complainant will be informed that the College’s ability to respond may be limited if confidentiality is requested. The College may conduct a preliminary investigation into the alleged misconduct or assault and weigh the request for confidentiality against the following factors: the seriousness of the alleged misconduct, whether there have been other complaints against the same accused and the accused’s right to receive information about the allegations. The complainant will be informed if the College is unable to maintain confidentiality. Should the College move forward with action or resolution, the student complainant is not required to participate in the process.

    Police information
    MCC Police: 531-622-2222

    Title IX coordinators
    Julie Langholdt, dean of Student Advocacy and Accountability: 531-MCC-2202 (students)

    Local agencies

    • Women’s Center for Advancement (formerly the YWCA)
      wcaomaha.org
      Hotline phone: 402-345-7273
      Business phone: 402-345-6555
    • Catholic Charities — The Shelter
      Hotline phone: 402-558-5700
      Business phone: 402-558-5700
    • Catholic Charities DV/SA Program
      Hotline phone: 712-328-0266
      Business phone: 712-256-2059
    • Heartland Family Service
      heartlandfamilyservice.org
      Hotline phone: 800-523-3666
      Business phone: 402-291-6065
      Special services: disabled,
      elderly, family, under 12,
      teen, Spanish
    • Crisis Center for Domestic Abuse and Sexual Assault
      knowanddowhatsright.com
      Hotline phone: 402-727-7777
      Business phone: 402-721-4340
      National hotline: 800-523-7233
    • Family Crisis Support Network
      Hotline phone: 712-243-5123
      Business phone: 712-243-6615
    • Rape/Spouse Abuse Crisis Center
      rsacc.org
      Hotline phone: 402-475-7273
      Business phone: 402-476-2110

Procedural considerations for reports of sexual misconduct incidents

Any person may file a report of sexual misconduct against an MCC student under this Policy.

  1. Geographic Jurisdiction. This policy applies to any allegation of sexual misconduct against a student, regardless of where the alleged misconduct occurred.
  2. Timing of Reports and Availability of Procedures. As long as MCC has jurisdiction over the reported student, there is no time limit to invoking this policy in cases of alleged sexual misconduct. Nevertheless, persons are encouraged to report alleged sexual misconduct as soon as possible in order to maximize the College’s ability to respond promptly and effectively.
  3. Retaliation. It is a violation of College policy to retaliate against any person making a report of sexual misconduct or against any person cooperating in the investigation of (including testifying as a witness to) any allegation of sexual misconduct. Retaliation includes intimidation, threats or harassment against any such reporting party or friends of any such reporting party and third party (visitors and individuals not associated with the College). Retaliation should be reported promptly to the Title IX coordinator and may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations of sexual misconduct.
  4. Standard of Proof. The Department of Education’s Office of Civil Rights has interpreted Title IX to require schools to evaluate reports of alleged sexual misconduct under a “preponderance of the evidence” standard and that’s the standard adopted by the College policies and procedures governing sexual misconduct and Title IX violations. A preponderance of the evidence exists when a reasonable person, after careful balancing of available information, would conclude a violation has occurred and the student/organization/faculty/staff member is found responsible for College violations.
  5. Sanctions. Primary sanctions for sexual harassment, nonconsensual sexual contact and sexual exploitation range from education programs, prevention strategies, to probation, to permanent dismissal. Sanctions for sexual assaults include a minimal consideration of suspension and could include but can also include permanent dismissal.
  6. Effect of Criminal Proceedings. Because sexual misconduct may constitute both a violation of College policy and criminal activity, the College encourages persons to report alleged sexual misconduct promptly to campus or local law enforcement agencies. Criminal investigations may be useful in the gathering of relevant evidence, particularly forensic evidence. Because the standards for finding a violation of criminal law are different from the standards for finding a violation of this policy, criminal investigations or reports are not determinative of whether sexual misconduct, for the purposes of this policy, has occurred. In other words, conduct may constitute sexual misconduct under this policy even if it not a crime or law enforcement agencies lack sufficient evidence of a crime and therefore decline to prosecute. The reporting party in such cases may request that the Title IX coordinator identify a College counselor or other member to assist him or her in seeking and attending a meeting with the local authorities to gain an understanding of the decision to decline prosecution.

    The filing of a report of sexual misconduct under this policy is independent of any criminal investigations or proceeding, and (except that the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence) the College will not wait for the conclusion of any criminal investigation or proceedings to commence its own investigation and take interim measures to the protect the reporting party and the College community, if necessary.

    Modified procedures for alleged violations of the sexual misconduct policy.

    1. The Title IX coordinator or designee (Title IX investigators) ensures that the reporting party is offered, has access to and is provided continued remedies to address the effects of the behavior without interruption to the educational attainment of the reporting party. (Examples include the provision of a confidential counselor, advisor, academic schedule change, no contact order.) Remedies should also include strategies and tools to stop the behavior of the accused when appropriate and necessary. Additionally, those accused of sexual misconduct will be provided with tools, resources and remedies such as advisers and counseling.
    2. The Title IX coordinator assigns reports of sexual misconduct to trained Title IX investigators to examine each report and ensure the integrity of the investigation process. The Title IX coordinator strategizes with the investigators to ensure that all information and leads are being thoroughly examined. Title IX investigators will investigate the reports and submit a comprehensive report to the Title IX coordinator.
    3. Parties involved in sexual misconduct cases will be offered, by the Title IX administrator, an adviser of their choosing, and the ability to involve an attorney at any time during the process for resolving alleged violations of sexual misconduct.
    4. The Title IX coordinator determines what violations outlined in the report will result in formal charges.
    5. For sexual misconduct cases, the College’s investigation of the report (including all investigation required to prepare formal charges, if any) will be completed within 60 days, unless the Title IX coordinator grants an extension for good cause. If a case of alleged sexual misconduct is not resolved through the formal administrative resolution process, the matter will be scheduled for a hearing before the Sexual Misconduct Hearing Board.
    6. The SMHB is comprised college-trained staff to develop competencies required of SMHB members in order to effectively, impartially and adequately resolve sexual misconduct cases for which they are charged. No students serve on these boards. Parties involved will have the opportunity to know and challenge the composition of the SMHB assigned to their case. The reporting party is encouraged to be present throughout the hearing. Under U.S. Department of Education regulations under Title IX, a form of indirect questioning is required during the hearing, but must be conducted by the parties’ advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an advisor for a hearing, the College will appoint a trained advisor for the limited purpose of conducting any questioning of the other party and witnesses.
    7. Upon prior conclusion, either party or the Title IX investigator assigned to the case may make summary comments in the hearing. Both parties have a right not to have their unrelated past sexual histories discussed in the hearing. The chair of the SMHB, i will determine whether proposed testimony regarding past sexual history between the parties is related to the case at issue and may be introduced during the hearing, if so a determination will be made regarding how that information will be relayed to the SMHB, and both parties will be informed.
    8. The reporting party may choose to be physically separated from the charged party during hearing proceedings. Similarly, the charged party may choose to be physically separated from the reporting party during hearing proceedings. This choice should be made at least two working days prior to the hearing.
    9. The SMHB will hear the case and determine the appropriate sanctions. The sanctions must include provisions for preventing the behavior from reoccurring.
    10. Notification of the outcome of the hearing and any sanction(s) imposed will be provided in writing to both parties, at approximately the same time, by the Title IX coordinator.
    11. Appeals to sexual misconduct cases will follow the same appeal policy and procedures as outlined in the Conduct Code.
  7. Sexual Misconduct Hearing Boards
    1. Purpose of the panel is to hear cases and reports involving incidents of sexual misconduct that violate College Policy and the Conduct Code. The SMHB is considered a separate hearing procedural from those that adjudicate violations that do not fall under sexual misconduct.
    2. Composed of college staff trained to serve as SMHB members; no students.
    3. The SMHB is specific to sexual misconduct incidents. The Title IX coordinator provides oversight, guidance, training and assessment of the SMHB.
    4. Required to complete competency training related to sexual misconduct and the conduct process.
    5. Competencies may include: Familiarity with basic rules of evidence regarding relevance, rights of the complainant, rights of the respondent; thoroughly versed in an analytical approach to determining if a policy was violated; comprehension on questioning and deliberation techniques; understanding of common rape myths; sensitization to what the complainant is experiencing are all general competencies the board is expected to have in order to hear sexual misconduct cases.
    6. SMHB will determine if an individual is responsible through a majority quorum. The SMHB is expected to give full consideration of the facts, due process rights, complainant rights, standard of proof and relevant circumstances of each case before determining if the individual is responsible
    7. Parties involved in the SMHB are permitted to have their advisers, and/or attorneys present and participate in the hearings.
    8. SMHB will hear cases involving students accused of sexual misconduct who withdrew from MCC prior to conduct proceedings but have applied for readmission to the College. A condition of readmission requires these individuals to submit to a hearing as if they had never left school. If found responsible, the student must comply with the applicable sanctions before being readmitted.
    9. SMHB hearings are not open to the public. Complainants and respondents may be accommodated if they choose not to see the opposing party during the hearing. Witnesses are kept separate during the hearing process. The hearing is audio recorded by the SMHB chair, and serves as the official recording of the hearing to be utilized for appeal purposes only. The recording will be the property of the College and no other recording of the SMHB is permitted. All SMHB hearings will take place in private, comfortable and adequately sized location or appropriate remote technology.

    Note: Compliance with these provisions of the Clery Act and VAWA Act does not constitute a violation of Section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).

You can help

The cooperation and involvement of students, faculty and staff in a campus safety program is essential. Persons on campus can take responsibility for their own personal safety and the security of their personal belongings by taking simple precautions.

  • Be aware of your surroundings at all times.
  • Walk to your vehicle in pairs or request an MCC Police officer to escort you to your vehicle.
  • Park in designated, well-lit parking areas.
  • Keep vehicles locked at all times.
  • Lock valuables in the trunk.
  • Do not leave personal items unattended.
  • Report suspicious activity or unusual incidents.

If you call the MCC Police, provide the following information:

  • Location of the incident you are reporting
  • Your name, date and time of the incident
  • Description of the scene and subjects
  • Description of any vehicles involved, especially license plate numbers

Additional information can be found by viewing the following documents at mccneb.edu/mccpolice.

  • Work Safety Tips
  • Online Statement Form
  • Work Place Violence Reduction
  • Sexual Assault Prevention and Resources
  • Crime Log Report (last 60 days of Crime Log Information)
  • Drug Free Schools and Communities Act
  • Threat Assessment Matrix

Campus Crime and Arrest Statistics

Location Key
ATC Applied Technology Center
10407 State St., Omaha, NE 68122
531-MCC-5800
EVC Elkhorn Valley Campus
829 N. 204th St., Elkhorn, NE 68022
531-MCC-2400
FOC Fort Omaha Campus
5300 N. 30th St., Omaha, NE 68111
531-MCC-2400
FRC Fremont Area Center
835 N. Broad St., Fremont, NE 68025
531-MCC-3000
MXN MCC North Express
2112 N. 30th St., Omaha, NE 68111
531-MCC-2400
MXS MCC South Express
3002 S. 24th St., Omaha, NE 68108
531-MCC-2400
SRP Sarpy Center
9110 Giles Road, La Vista, NE 68128
531-MCC-2400
SOC South Omaha Campus
2909 Edward Babe Gomez Ave., Omaha, NE 68107
531-MCC-2400
Arrests made by outside law enforcement agencies key

Statistics without notations are actions/arrests by the Metropolitan Community College Police Department.

1Actions/arrests made by the Omaha Police Department

2 Actions/arrests made by the Douglas County Sheriff

3 Actions/arrests made by the Bellevue Police Department at area high schools/retail locations where MCC classes are offered

Campus Crime and Arrest Statistics

Crime Statistics - 2020
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Murder/non-negligent manslaughter 0 0 0 0 0 0 0 0 0
Negligent manslaughter 0 0 0 0 0 0 0 0 0
Forcible sex offenses 0 0 0 0 0 0 0 0 0
Non-forcible sex offenses 0 0 0 0 0 0 0 0 0
Robbery 0 0 0 0 0 0 0 0 0
Aggravated assault 0 0 0 0 0 0 0 0 0
Burglary 0 0 0 0 0 0 0 1 0
Motor vehicle theft 0 0 0 0 0 0 0 0 0
Arson 0 0 0 0 0 0 0 0 0
Arrest Statistics - 2020
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Liquor law violations
Arrests 0 0 0 0 0 0 0 0 0
Disciplinary referrals 0 0 0 0 0 0 0 0 0
Drug abuse violations
Arrests 0 0 0 0 0 0 0 0 0
Disciplinary referrals 0 0 0 0 1 0 0 0 0
Weapons possession
Arrests 0 0 0 0 0 0 0 1 0
Dating, domestic violence and/or stalking arrest statistics - 2020
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Dating violence Arrests 0 0 0 0 0 0 0 0 0
Domestic violence Arrests 0 0 0 0 0 0 0 0 0
Stalking Arrests 0 0 0 0 0 0 0 0 0
Hate Crime statistics - 2020
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Larceny/theft 0 0 0 0 0 0 0 0 0
Simple assault 0 0 0 0 0 0 0 0 0
Intimidation 0 0 0 0 0 0 0 0 0
Destruction/vandalism of property 0 0 0 0 0 0 0 0 0

The crimes above are considered motivated by bias or considered hate crimes.

There were no Clery Act reportable crimes that were unfounded in 2020. The Federal Uniform Crime Reporting system defines an unfounded crime as false or baseless complaints. “Occasionally, an agency will receive a complaint that is determined through investigation to be false or baseless. In other words, no crime was committed.”

Crime statistics - 2019
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Murder/non-negligent manslaughter 0 0 0 0 0 0 0 0 0
Negligent manslaughter 0 0 0 0 0 0 0 0 0
Forcible sex offenses 0 0 0 0 0 0 0 0 0
Non-forcible sex offenses 0 0 0 0 0 0 0 2 0
Robbery 0 0 0 0 0 0 0 0 0
Aggravated assault 0 0 0 0 0 0 0 0 0
Burglary 0 0 0 0 0 0 0 1 0
Motor vehicle theft 0 0 0 0 0 0 0 1* 0
Arson 0 0 0 0 0 0 0 0 0
Arrest statistics - 2019
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Liquor law violations
Arrests 0 0 0 0 0 0 0 0 0
Disciplinary referrals 0 0 0 0 0 0 0 0 0
Drug abuse violations
Arrests 0 0 0 0 0 0 0 2 0
Disciplinary referrals 0 0 0 0 0 0 0 0 0
Weapons possession
Arrests 0 0 0 0 0 0 0 0 0
Dating, domestic violence and/or stalking arrest statistics - 2019
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Dating violence Arrests 0 0 0 0 0 0 0 0 0
Domestic violence Arrests 0 0 0 0 0 0 0 0 0
Stalking Arrests 0 0 0 0 0 0 0 0 0
Hate Crime statistics - 2019
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Larceny/theft 0 0 0 0 0 0 0 0 0
Simple assault 0 0 0 0 0 0 0 0 0
Intimidation 0 0 0 0 0 0 0 0 0
Destruction/vandalism of property 0 0 0 0 0 0 0 0 0

The crimes above are considered motivated by bias or considered hate crimes.

There were no Clery Act reportable crimes that were unfounded in 2019. The Federal Uniform Crime Reporting system defines an unfounded crime as false or baseless complaints. “Occasionally, an agency will receive a complaint that is determined through investigation to be false or baseless. In other words, no crime was committed.”

Crime Statistics - 2018
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Murder/non-negligent manslaughter 0 0 0 0 0 0 0 0 0
Negligent manslaughter 0 0 0 0 0 0 0 0 0
Forcible sex offenses 0 0 0 0 0 0 0 0 0
Non-forcible sex offenses 0 0 0 0 1 0 0 2 0
Robbery 0 0 0 0 0 0 0 0 0
Aggravated assault 0 0 0 0 0 0 0 0 0
Burglary 0 0 0 0 0 0 0 1 0
Motor vehicle theft 0 0 0 0 0 0 0 3 0
Arson 0 0 0 0 0 0 0 0 0
Arrest statistics- 2018
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Liquor law violations
Arrests 0 1 0 0 0 0 0 0 0
Disciplinary referrals 0 0 0 0 0 0 0 0 0
Drug abuse violations
Arrests 0 0 0 0 0 0 0 0 0
Disciplinary referrals 0 0 0 0 0 0 0 0 0
Weapons possession
Arrests 0 0 0 0 0 0 0 0 0
Dating, domestic violence and/or stalking arrest statistics - 2018
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Dating violence 0 0 0 0 0 0 0 0 0
Domestic violence 0 0 0 0 0 0 0 0 0
Stalking Arrests 0 0 0 0 0 0 0 0 0
Hate Crime statistics - 2018
  ATC EVC EXP FAC FOC MXN MXS SOC SRP
Larceny/theft 0 0 0 0 0 0 0 0 0
Simple assault 0 0 0 0 0 0 0 0 0
Intimidation 0 0 0 0 0 0 0 0 0
Destruction/vandalism of property 0 0 0 0 0 0 0 0 0

The crimes above are considered motivated by bias or considered hate crimes.

There were no Clery Act reportable crimes that were unfounded in 2018. The Federal Uniform Crime Reporting system defines an unfounded crime as false or baseless complaints. “Occasionally, an agency will receive a complaint that is determined through investigation to be false or baseless. In other words, no crime was committed.”

Hate Crime Reporting Categories

  • Race
  • Sexual orientation
  • Gender
  • Disability
  • Religion
  • National origin
  • Ethnicity
  • Gender identity

Police Stations

Police statistics can be found at:

Bellevue Police Department
bellevuepd.com

Douglas County Sheriff
omahasheriff.org

Fremont Police Department
fremontpolice.org

La Vista Police Department
cityoflavista.org/17/Police

Omaha Police Department
police.cityofomaha.org

Crime log information

The MCC Police department maintains a crime log to record criminal incidents and alleged criminal incidents that are reported to campus police that occurred on MCC property. The log is available at any MCC Police office or Student Services in paper form, covering reports received for the previous 60 days. The crime log is also available electronically by request to the MCC Police Department’s FOC location. Crime log information more than 60 days old is available upon request and requires two business days to process.

Clery Campus and Center Boundary Maps

Applied Technology Center - Clery Boundary

Map of Clery Boundary for Applied Technology Center
Applied Technology Center - Clery Boundary and North indicator

Elkhorn Valley Center - Clery Boundary

Map of Clery Boundary for Elkhorn Valley Campus
Elkhorn Valley Campus - Clery Boundary and North indicator

Fort Omaha Campus - Clery Boundary

Map of Clery Boundary for Fort Omaha Campus
Fort Omaha Campus - Clery Boundary and North indicator

Fremont Area Center - Clery Boundary

Map of Clery Boundary for Fremont Area Center
Fremont Area Center - Clery Boundary and North indicator

MCC North Express - Clery Boundary

Map of Clery Boundary for MCC North Express
MCC North Express - Clery Boundary and North indicator

MCC South Express - Clery Boundary

Map of Clery Boundary for MCC South Express
MCC South Express - Clery Boundary and North indicator

South Omaha Campus - Clery Boundary

Map of Clery Boundary for South Omaha Campus
South Omaha Campus - Clery Boundary and North indicator

Sarpy Center - Clery Boundary

Map of Clery Boundary for Sarpy Center
Sarpy Center - Clery Boundary and North indicator

Nondiscrimination And Equal Opportunity Statement

Metropolitan Community College does not discriminate on the basis of race, color, national origin, genetic information, religion, sex, sexual orientation, gender identity, transgender status, marital status, age, pregnancy, disability, current or prior military service, protected veteran status or membership in any other class that is protected under local, state or federal law or regulation in admission or access to its programs and activities or in its treatment or hiring of employees. The College complies with Title VI of the Civil Rights Act of 1964, the Civil Rights Act of 1990, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of l975 and related Executive Orders 11246 and 11375, and all amendments to the above.

Contacts: Concerning Title VI (race), Title IX (gender equity), Section 504 (disability), Americans with Disabilities Act/Program and Services Accessibility and age, contact:

Julie Langholdt – Dean of Student Advocacy and Accountability:

531-622-2202, jlangholdt@mccneb.edu (students);
Missy Beber – Associate Vice President of Human Resources:
531-622-2236, mlbeber@mccneb.edu (employees);
Bernie Sedlacek – Director of Facilities Management, Planning, and Construction:
531-622-2529, bsedlacek@mccneb.edu (accessibility); or
United States Department of Education Assistant Secretary for Civil Rights — Office for Civil Rights (OCR):1-800-421-3481, ocr@ed.gov.

Concerning hiring and employment-related complaints of discrimination or harassment based on race, color, national origin, genetic information, religion, sex, sexual orientation, gender identity, transgender status, marital status, age, pregnancy, disability, current or prior military service, protected veteran status or membership in any other class that is protected under local, state or federal law or regulation, or affirmative action or diversity issues, contact:

Associate Vice President for Equity and Inclusion:
531-622-2649, cgooch@mccneb.edu

The address for all of the above individuals is as follows:

Metropolitan Community College
30th and Fort Streets
P.O. Box 3777
Omaha, NE 68103-0777