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SECURITY/FIRE SAFETY REPORT
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Disclosure of Crime Statistics
Peru State College Campus Security prepares this report to comply with the Jeanne Clery
Disclosure of Campus Security Policy and Crime Statistics Act. The full text of this report can be
located on our website at www.peru.edu/security. You will also be able to connect to our site via
the Peru State home page at www.peru.edu. This report is prepared in cooperation with the local
law enforcement agencies surrounding our main campus and the Student Life Office. Each
entity provides updated information on their educational efforts and programs to comply with the
Act. This report discloses crime incidents for the period of January 1, 2020, through
December 31, 2022, per Clery Act requirements.
Campus crime, arrest and referral statistics include those reported to the Peru State Campus
Security, designated campus officials (included but not limited to administrators, directors,
deans, department heads, human resources staff, judicial affairs, advisors to student
organizations, and athletic coaches) and local law enforcement agencies. Counseling Center staff
inform their clients of the procedures to report crime to Campus Security on a voluntary or
confidential basis, should they feel it is in the best interest of the client.
Each year an e-mail notification is made to all enrolled students, faculty, and staff with an
attachment of this report. Copies of the report may also be obtained through Campus Security
located in Campus Services building, room 228 or by calling (402) 872-2411. All prospective
employees may obtain a copy from Human Resources in the Administration building, room 312
or by calling (402) 872-2230.
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SECURITY/FIRE SAFETY REPORT
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Crime Statistics
The following data reflects crime statistics for the past three calendar years January 1
December 31 of each year 2020, 2021, and 2022. On-Campus crimes include crimes committed
in the Residence Halls as well as other areas on campus. Residence Hall Crimes include all
crimes committed only in campus Residence Halls
Arrest for Law Violations
On Campus
Residence Halls
Public Property
Law Violation
2020
2021
2022
2020
2021
2022
2020
2021
2022
Illegal Weapons Possession
0
0
0
0
0
0
0
0
0
Drug Law Violations
3
4
2
3
4
2
0
0
0
Liquor Law Violations
0
0
0
0
0
0
0
0
0
Disciplinary Actions for Law Violations
On Campus
Residence Halls
Public Property
Law Violation
2020
2021
2022
2020
2021
2022
2020
2021
2022
Illegal Weapons Possession
0
0
0
0
0
0
0
0
0
Drug Law Violations
13
17
18
12
15
18
0
0
0
Liquor Law Violations
12
13
16
12
13
14
0
0
0
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Violence Against Women Act (VAWA) Offenses
On Campus
Residence Halls
Public Property
Crime
2020
2021
2022
2020
2021
2022
2020
2021
2022
Domestic Violence
0
0
0
0
0
0
0
0
0
Dating Violence
2
0
1
2
0
1
0
0
0
Stalking
2
2
3
2
2
2
0
0
0
Criminal Offenses
On Campus
Residence Halls
Public Property
Law Violation
2020
2021
2022
2020
2021
2022
2020
2021
2022
Murder/Non-Negligent
Manslaughter
0
0
0
0
0
0
0
0
0
Negligent Manslaughter
0
0
0
0
0
0
0
0
0
Rape
0
1
0
0
1
0
0
0
0
Fondling
0
3
0
0
3
0
0
0
0
Incest
0
0
0
0
0
0
0
0
0
Statutory Rape
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
0
0
Aggravated Assault
0
1
0
0
0
0
0
0
0
Burglary
1
5
6
1
5
6
0
0
0
Motor Vehicle Theft
1
0
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
0
0
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Hate Crimes
Public Property
Law Violation
2020
2021
2022
2020
2021
2022
2020
2021
2022
Murder/Non-Negligent
Manslaughter
0
0
0
0
0
0
0
0
0
Negligent Manslaughter
0
0
0
0
0
0
0
0
0
Rape
0
0
0
0
0
0
0
0
0
Fondling
0
0
0
0
0
0
0
0
0
Incest
0
0
0
0
0
0
0
0
0
Statutory Rape
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
0
0
Motor Vehicle Theft
0
0
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
0
0
Simple Assault
0
0
0
0
0
0
0
0
0
Larceny-Theft
0
0
0
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
0
0
0
Destruction/damage/vandalism
of property
0
0
0
0
0
0
0
0
0
No Hate Crimes have been reported for the three statistical years of 2020, 2021, 2022.
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To report a crime
Contact Campus Security at (402) 872-2411 (non-emergencies) or dial 911 (emergencies only)
followed by Campus Security 402-872-2411. Any suspicious activity or person seen in the
parking lots or loitering around vehicles, inside buildings, or around Residence Halls should be
reported to Campus Security. In addition, you may report a crime to the following areas:
President
Vice Presidents
Associate Vice President of Student Affairs
Academic Deans
Residence Life Staff to include:
o Director of Residence Life
o Assistant Directors of Residence Life
o Resident Assistants
o Residence Hall Mentors
o Director of Campus Activities
Coaches and Assistant Coaches
Faculty and Staff advisors to Campus Clubs and Organizations
Human Resources
Title IX Coordinator
Prompt Reporting: Community members, students, faculty, staff, and guests are
encouraged to report all crimes and public safety related incidents to Campus Security in a
timely manner. To report a crime or emergency, contact Campus Security at (402) 872-2411 or,
if dialing from a college phone, extension 2411. Emergencies should also be reported by dialing
911 to contact Nemaha County Emergency Dispatcher (911 operator). Nemaha County
Emergency Dispatcher can dispatch for Peru Fire and Rescue for fire and medical emergencies
or Nemaha County Sheriff’s Office for criminal and other life threating emergencies.
Campus Security is staffed 24 hours a day to respond to emergencies and crime reports. In
response to a call, Campus Security will take the required action by dispatching an officer and if
needed contact community emergency services. The officer will complete an incident report.
All Peru State incident reports are forwarded to the Associate Vice President of Student Affairs
for review and potential judicial action. Campus Security or other Campus Official will
investigate a report when it is deemed appropriate. Additional information obtained via the
investigation will also be forwarded to the Associate Vice President of Student Affairs.
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If assistance is required from Nemaha County Sheriff’s Department, Peru Fire and Rescue, the
State Fire Marshall, or other Emergency/Law Enforcement Agencies the Campus Security
Department will contact and coordinate with the appropriate agency.
If a sexual assault should occur, staff on the scene will provide the victim with access to Peru
State’s Title IX coordinator. The Title IX coordinator will provide resources available.
Crimes should be reported to Campus Security to ensure inclusion in the annual crime statistics
and to aid in providing timely warning notices to the community, when appropriate.
Confidential Reporting:
If you are the victim of a crime and do not want to pursue
action within the College judicial system or the criminal justice system, you may still want to
consider making a confidential report. With your permission, Campus Security can file a report
on the details of the incident without revealing your identity. The purpose of a confidential report
is to comply with your wish to keep the matter confidential, while taking steps to ensure accurate
record of the number of incidents involving students, determine where there is a pattern of crime
about a particular location, method, or assailant, and alert the campus community to potential
danger. Reports filed in this manner are counted and disclosed in the annual crime statistics for
the College.
Campus Security & Law Enforcement
Campus Security Officer’s Authority: Peru State College Campus Security has the authority to
ask persons for identification and to determine whether individuals have lawful business at Peru
State College. To enforce campus policies and investigate policy violations that occur at Peru
State College. To enter and search campus facilities including on campus residence rooms or
apartments if there is a belief that a State or Federal law or a campus policy is being violated. To
enforce driving and parking regulations and issue parking citations.
Security officers do not possess arrest power. Criminal incidents are referred to local law
enforcement that have jurisdiction on this campus. Campus Security maintains a highly
professional working relationship with the Nemaha County Sheriff Department and Nebraska
State Patrol. All crime victims and witnesses are strongly encouraged to immediately report the
crime to Campus Security and the appropriate law enforcement agency. Prompt reporting will
ensure timely follow-up, timely warning notices to campus and timely disclosure of crime
statistics.
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Law Enforcement Relationships: Peru State Campus Security maintains a close working
relationship with the Nemaha County Sheriff Office (NCSO) and Nebraska State Patrol (NSP).
Campus Security occasionally works with other law enforcement agencies in the State of
Nebraska including the FBI and Nebraska State Fire Marshall. Meetings are held between these
agencies on both a formal and informal basis. Campus Security communicates regularly with
NCSO on the scene of incidents that occur in and around the campus area and work closely with
the investigative staff when incidents arise that require joint investigative efforts, resources,
crime related reports, and exchanges of information, as deemed necessary. There is not a written
memorandum of understanding between Peru State College and NCSO.
Issuing Timely Warnings
If a situation arises, either on or off campus, that, in the judgment of the Security Office in
consultation with Campus Administration, constitutes an ongoing or continuing threat, a campus
wide “timely warning” will be issued. The warning will be issued through the College e-mail
system to students, faculty, and staff and notices will be posted around campus in prominent
locations.
Depending on the circumstances of the crime, especially in all situations that could pose an
immediate threat to the community and individuals, the Security Office may also post a notice on
the College website at http://www.peru.edu providing the campus community with more
immediate information. In such instances, a copy of the notice is posted in each residence hall
and in the Student Center. The website is immediately accessible via computer by all faculty,
staff, students, and guests. Anyone with information warranting a timely warning should report
the circumstances to Campus Security by phone (402-872-2411) or in person at the Security
Office located in the Campus Services building (south of the Administration building), top floor,
east end room 228.
Security and Access to Facilities
All College buildings (excluding residential facilities) will be open to students, parents,
employees, contractors, guest, invitees, and the public in general during open times as posted on
the Peru State College website. During all other times access to college facilities is by key, if
used, or by admittance via Campus Security, Facility Services Staff, or the Residence Life Staff.
In the case of periods of extended closing the College will admit only those with approval to all
facilities. Emergencies may necessitate changes or alterations to any posted schedules.
Residence halls are secure 24 hours a day and access are granted to only residents assigned to the
residence hall and Employees with a need for Residence Hall access. Over extended breaks, all
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doors of all halls will be locked, and access will be restricted to only those approved to remain in
the hall during such breaks by Residence Life and to approved staff or contractors.
Room Entry, Privacy and Security:
The right to privacy is of paramount
importance. However, the entry into, and/or search of the living quarters of a student may be
conducted for the purposes under the procedures listed below:
The College reserves the right to inspect residence hall rooms under certain circumstances. The
room may be entered without permission in case of emergency, officially announced inspections,
for the upkeep of physical facilities, or if there is reason to believe that a law or College
regulation is being violated. In all other circumstances, entry will be made only with the
permission of the student. As a condition of living in the College Residence Halls/campus
housing, students understand and agree that all property and possessions contained in campus
housing are subject to college searches and inspections for "health and safety" considerations as
well as "institutional-purpose searches," which include monitoring and enforcement of drug,
alcohol, and weapons policies. Students consent to such searches and inspections and agree to
unlock any safe, lock box, locked cabinet etc. for purposes of allowing College personnel to
conduct such searches. Failure to unlock and provide access to a safe, lock box, locked cabinet
etc. will be grounds for the container to be confiscated and removed from the College premises.
Security Considerations in maintenance of campus grounds and buildings:
Proper lighting and building security are major factors in reducing crime on campus. Campus
Facilities maintain the College buildings and grounds with a concern for safety and security.
Inspections of campus facilities are conducted regularly, and repairs are made as quickly as
possible. Individuals should report potential safety and security hazards, such as broken locks
and windows. All members of the campus community are encouraged to report safety hazards to
Campus Security (402-872-2411).
Security personnel closely monitor any security-related maintenance problems after hours and
report their findings to the appropriate Peru State College official. If necessary, they will stand
by until the problem is corrected.
Campus Security surveys campus lighting and monitors those areas having defective fixtures and
reports the deficiencies to Campus Facilities for corrective action.
Crime Prevention and Risk Reduction
In the College setting, as in society at large, the safety and security of persons and property are
everyone’s responsibility. At Peru State College security services are provided through the
College’s security personnel and are in place 24 hours a day, 7 days a week while classes are in
session. Although security services are a key element regarding campus safety, all faculty, staff
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members and students need to lend their help and assistance if we are to effectively manage
safety at Peru State College.
The College has implemented many programs and services to assist in making the campus as
safe as possible. Members of the campus community can further reduce risk by always
considering their own personal safety and taking the necessary precautions. Because Peru State
College is concerned for the safety of the campus community, the following safety tips have
been developed:
Be mindful of your surroundings.
Report any suspicious activity.
Look out for one another.
Keep your room and valuables locked securely.
Lock your vehicle.
Always have your keys in your hand ready to unlock the car door or door to your
residence.
Never get into your vehicle without first determining that no one is hiding in it.
If you feel concerned about your safety when walking to your car or from a building, you
may call Campus Security for an escort.
Stay in the company of others and don’t isolate yourself, particularly when walking to
and from buildings.
Peru State College Security Department is available 24 hours a day. At any time, you feel unsafe
walking by yourself call Campus Security at 402-872-2411 to request an escort to your vehicle,
resident hall, or class.
Awareness & Prevention Programs
Peru State College has many programs and campaigns throughout the school year to promote
Sexual Assault Awareness, Drug and Alcohol Awareness, Crime Prevention, and personal
safety.
New Student Programs: all incoming students completed two short online prevention
programs: “Year One College Behavior Profile (Y1CBP)” and “Consent & Respect.” These are
key parts of our campus-wide alcohol and other drug and violence prevention programming, and
integral to our campus compliance with the federal Safe and Drug Free Schools Act and Title IX.
Y1CBP helps students learn about alcohol and marijuana’s effect on the mind and the
body, correct misperceptions about student alcohol and marijuana use, increase
awareness of protective factors, and identify strategies for intervening when a peer has
had too much to drink.
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Consent & Respect (by 3rd Millennium Classrooms) helps students learn about consent,
intimate partner violence, sexual assault, stalking, warning signs of abusive behavior, and
safe and positive options to empower bystanders.
Title IX: The Title IX coordinator met with each College 101 class and Athletic Team to
provide in person Title IX training.
Bystander Training: “Step-Up” Bystander Training was presented to all freshmen during
Welcome Week. This interactive training session gives each student the knowledge, skills, and
support to be part of a community that cares. Students learn how to make a difference by
responding, respecting, and speaking out.
Bystander Tips:
Don’t assume it isn’t a problem.
It is your business to intervene and assist in maintaining a safe environment.
Don’t assume someone else will do something; each person plays a role in
intervening in a situation.
If you are bothered, likely others are too.
Assess the situation so you can safely intervene.
Assess your personal safety if intervening, contact police if necessary.
Recognize symptoms of someone suffering so you can identify the need to
intervene.
Courses of action:
Step in and separate both people, noting the concerns you have.
Redirect people’s focus to something else
Evaluate the situation and people involved to determine your best course of
action.
Recruit help from others and make a plan to intervene.
Divert the attention of one person from the other.
Resources:
Peru State College Counselors
Title IX Coordinator
Security Officers
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Resident Life Staff
Employee Programs:
All employees are required to complete the online training program “Report = Support”
from Catharsis which provides training in Title IX and sexual assault awareness on an
annual basis and new employees complete the training at the beginning of employment.
All mandatory reports as identified by Title IX completed ATIXA e-training/online.
The Title IX Coordinator and Representatives from the System Office conducted two
discussion sessions with full time faculty to discuss their roles and campus resources.
The Human Resources Office provides all New Employees during employee orientation
information on EAP (employee assistance program) and Nebraska College System board
policies 5006: Drug-Free Workplace; Standards of Conduct, 5009: Guidelines for
Reasonable Cause Drug and Alcohol Testing, and 5007 Anti-Harassment/Discrimination.
EAP provides programs on campus during the year on a variety of topics to promote
employee awareness.
Security Awareness Programs:
During new student orientation, welcome weekend, and residence hall presentations the
first week of classes in August and January students are informed of services offered by
Campus Security. Presentations outline ways to maintain personal safety and residence
hall security. Students are told about crime on-campus and in surrounding
neighborhoods. Similar information is presented to new employees through the Human
Resources office.
Campus Security met with each Department and many College 101 classes to provide
information on campus emergency procedures.
Emergency Procedure posters have been placed in all classrooms and residence hall
lounges. These posters have QR code links to the Peru State College Emergency
Procedure website and signup page for Bobcat Alerts powered by Omnilert.
Crime Prevention Programs:
Crime prevention programs on personal safety and theft prevention are sponsored by
various campus organizations and offices throughout the year. Residence Life offers
regular programming within the residence halls focused on tips and strategies for students
to protect themselves from sexual violence, theft, and other crimes.
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Mental Health Programs:
MHFA: The training courses were held periodically throughout the year open to all staff,
faculty, students, and community members who might want to attend. Training course for
all campus and community individuals on how to manage a mental health crisis, reduce
stigma of mental illness, and learn how to support and refer someone who might be
experiencing mental health symptoms.
Glow Walk: The Annual glow walk is held in October each year, to recognize Mental
Health Awareness.
Licensed Student Councilors: Throughout the academic school year the Licensed
Student Councilors meet with student groups, classes, and at events to provide
information on Mental Health, Suicide Prevention, and services offered.
Drugs/alcohol:
Brief Alcohol Screening Intervention for College Students (BASICS): Is offered to
any student on an individual need. BASICS provides counseling services with the use of
motivational interviewing techniques to create and encourage change for our students
who have a variety of alcohol or drug related issues. The Substance Abuse and Mental
Health Services Administration (SAMHSA) has recognized BASICS as an evidence-
based model program. The program can assist students who are in the stages of change of
pre-contemplation move to make healthy changes in their life.
Alcohol-wise: an online course designed to engage college students in critical thinking
about alcohol use, reduce risks associated with underage and high-risk drinking and
contribute to positive social norms.
Sexual Assault:
April is national sexual assault awareness month (SAAM), observed annually at Peru
State College. The following events took place during April 2022:
Students, faculty, and staff tied an estimated 1,000 yards of teal ties around the campus
trees and light poles to bring awareness to SAAM.
25 SAAM yard signs were placed throughout campus to ensure the campus understood
why the teal ribbons were installed.
“What were you wearing? Survivor art installation in the Performing Arts Center
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Cats4Consent March and Cover the Cruiser” Remarks presented by
Dr. Evans, President
Tim Robertson, Security
Janell Moore, Counseling
Alyse Foster, Student Senate
Andrew Black Elk, RA and Student Senate
Jennifer Elting, Project Response
“Sex Signals” improv Comedy, and audience interaction that addressed rape myths and
issues surrounding dating, consent, sex, sexual violence, and bystander intervention on
college campuses.
“The Hook Up” Live performances addressing dating and dating violence.
Health Center Information: Tecumseh Family Planning is on campus the 4th Thursday of
every month from 1:00-7:00pm in the AWAC. Students may call 402-335-2988 to schedule
appointments. Available services include annual exams, birth control, emergency
contraceptives, STD testing, and reproductive education and counseling. Many services are free
or based on income.
Alcoholic Beverage & Illegal Substance Policies
Alcoholic Beverages on College Property: The possession, sale, or furnishing of alcohol on the
Peru State campus is governed by the NSCS Board Policy 8035 and Nebraska state law. Laws
regarding the possession, sale, consumption, or furnishing of alcohol is controlled by the State of
Nebraska. However, the enforcement of alcohol laws on-campus is the primary responsibility of
Campus Security and the Residence Life staff. Only under certain circumstances, with explicit
presidential approval, is the consumption of alcohol permitted.
It is unlawful to sell, furnish, or provide alcohol to a person under the age of 21. The possession
of alcohol by anyone under 21 years of age in a public place or a place open to the public is
illegal. It is also a violation of the Peru State alcohol policy for anyone to consume or possess
alcohol in any public or private area of campus without the approval of the President.
Organizations or groups violating alcohol/substance policies or laws may be subject to college
judicial action, criminal prosecution, and or fine.
Illegal Drug Possession: The Peru State College campus has been designated “Drug Free” and
only under certain circumstances is the consumption of alcohol permitted. The possession, sale,
manufacture, or distribution of any controlled substance is illegal under both state and federal
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laws. Such laws are strictly enforced by Campus Security and Residence Life staff. Violators are
subject to college judicial action, criminal prosecution, and/or fine.
Substance Abuse Education & Prevention: The College has developed programs to prevent
the illicit use of drugs and the abuse of alcohol by students and employees. The programs
provide services related to drug use and abuse including dissemination of informational
materials, educational programs, counseling services, referrals, and College judicial actions.
The Student Life Office in conjunction with Counseling Services provides an overall
coordination of prevention programming.
Alcohol and Drug Education: Counseling Services, Residence Life, and Employee Assistance
Program
Counseling Services: Licensed Student Counselors, Health Center physicians, Employee
Assistance Program
Referral Services: Licensed Student Counselors, Health Center staff, Student Life Staff,
CARE Team, outside community agencies, and Employee Assistance Program.
College Judicial Action: Dean of Student Life (chief judicial officer), Residence Life
Staff, Administrative Hearing Board
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Emergency Response & Evacuation Procedures
Emergency response procedures can be found online at http://www.peru.edu/emergency or by
scanning the QR code on the Emergency Procedure Posters posted in each classroom and
common spaces. Here you will find quick guides to a variety of emergency situations that may
occur on the Peru State campus and how to respond to such emergencies. Emergency response
procedures are separated into three categories: natural disaster, person threat, and physical plant.
Below are some important details regarding emergency response at Peru State College and
evacuation and shelter-in-place procedures.
Campus Emergency Management Team: This is a supportive team which can help the college
assist, plan and intervene in a crisis affecting staff and students. The Campus Emergency
Management Team listed in hierarchy order and their campus phone extensions are:
President (402-872-2239)
Vice President for Enrolment Management (402-872-2224)
Vice President for Academic Affairs (402-872-2222)
Vice President for Administration and Finance (402-872-2224)
Associate Vice President for Student Affairs (402-872-2246)
Security Supervisor (402-872-2411)
Director of Facility Services (402-872-2257)
Director of Human Resources (402-872-2230)
Director of Marketing and Communications (402-872-2429)
Emergency Numbers:
In the event of an emergency, call: 911 followed by Campus Security (402-872-2411).
Police-Fire-Paramedics…………………………………………………………. 911
Campus Security………………………………………………………………… (402) 872-2411
Power Outages (Facility Services) …………………………………………. ….. . (402) 872-2257
Hazardous Materials Incident…………………………………………………… (800) 424-8802
Poison Control Center…………………………………………………………… (800) 222-1222
When to Call 911**:
When life or property is in immediate danger
When you see smoke or fire
When you see a crime being committed
When rescue or emergency medical assistance is needed
** Campus Security (402-872-2411) should also be notified after 911 is called
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911 Script: This is (caller name) calling from (location, i.e., building, floor, landmark if
outdoors). There has been an incident which requires emergency service. The phone number here
is _________. The situation is (briefly explain the situation, i.e., fire, injured person, etc., in
detail). DO NOT HANG UP UNTIL 911 DISPATCHER DIRECTS YOU TO DO SO.
Communication with Campus Community: For each emergency, differing modes of
communication may be utilized depending upon the severity of the situation and needs of the
campus. The Campus Emergency Management Team will determine which methods of
communication will be utilized and the messaging to be communicated.
The College maintains an emergency alert system called BOBCAT ALERT provided by
Omnilert Emergency Notification Systems. This alert system can send out mass
communication to individuals across campus in the event of an emergency via email, text
message, or voice message. Students, faculty, and staff opt-in to this service via an online
account available online at http://www.peru.edu/emergency or by scanning the QR code
on the Emergency Posters posted in each classroom. New students and Staff are given
information on signing up for emergency alerts during student orientation and/or new
staff orientation.
A two-way radio system is operational on campus for daily use and emergency alerts. In
the event of an emergency, an alert may be sent through this system with instructions for
the emergency. The following areas have access to the two-way radio system: President,
VP for Administration and Finance, VP for Enrollment Management and Student Affairs,
Campus Security, Facility Services, and Residence Life.
The College website may also be utilized in the event of an emergency on campus to
keep the campus community and public informed of the situation. Look for a message at
the top of the Peru State College homepage at www.peru.edu if this method is utilized for
communication.
The campus email system may be utilized in the event of a campus-wide evacuation or
other emergency to maintain communication with the campus community. In the event
individuals are evacuated from campus, please check your email regularly for updates on
the emergency and information on returning to campus.
Training Information: Supervisors will review emergency procedures yearly with all staff.
New employees will be trained in emergency procedures by their supervisor at the start of their
employment. Security sends E-Mail notices to all employees and students during each semester
with emergency procedure information.
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Peru State College conducts emergency response exercises and drills. These tests are designed to
assess and evaluate the emergency plans and capabilities of the institution. All campus
Residence Halls will have an unannounced fire drill evacuation in the Fall and Spring Semesters.
Emergency Posters: Emergency posters are posted in each classroom and office area outlining
emergency protocols. These posters have a quick QR code to the Emergency Procedure web
page and the application page to opt into Bobcat Alerts.
Emergency Evacuation Routes: Emergency evacuation and storm shelter location maps are in
the hallways of each campus building.
Emergency Alert System: Employees and students are strongly encouraged to register with the
College’s Emergency Alert System, Bobcat Alert, powered by Omnilert in order to receive
messages about school closures and emergency situations.
To register, go to www.peru.edu/emergency. Select the “Sign Up Now” button. Complete the
required information and accept the terms of use. Once your information is added, select “Create
an Account.” Select your alert method(s) and save the information. You should remember your
log-in credentials to update your information regularly. If your contact information changes - log
in to your account and update your contact information.
A test message and E-Mail will be sent at the beginning of the fall and spring semesters. The E-
Mail will inform you that a Bobcat Alert test alert was sent and instructions to sign up or renew
your information if you did not receive the test alert.
Evacuation Procedures: Although it is highly unlikely, some emergency situations may require
that certain campus sites be evacuated, and that students and staff be relocated. If it is determined
that the building will be unsafe for some time:
Campus Security will notify the President’s Office (2239).
Director of Marketing and Communications will keep the media informed of evacuation.
Relocation plans for students and staff will be communicated to the campus.
Evacuation protocols are as follows:
Evacuation routes for every building can be found in each building. Be aware of
evacuation route(s) in the building(s) you frequent.
If notified to evacuate a facility by college authorities, do so immediately. Ensure
students in your vicinity are also complying with evacuation directives.
Follow recommended evacuation routes as shortcuts may be blocked.
Elevators may be used to evacuate individuals physically unable to utilize stairways. An
elevator key must be utilized to operate elevators in these circumstances.
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If evacuation is required for a potential chemical leak, do not use any electronic devices,
light switches, telephones, etc.
During evacuation, do not take time to collect personal items.
Call 911 and Campus Security (2411) after evacuation.
Do not reenter the building until authorized to do so by Campus Security.
Special Note: If power is out, the AWAC, Campus Services, and Administration
Buildings all operate with an emergency power generator and can be utilized as a
temporary shelter during evacuation when power is out.
Individuals with mobility/impairments or physical disabilities:
Prior planning and practice of evacuation routes is important, particularly for individuals
with mobility impairments or physical disabilities.
The elevators may be used to transport individuals with mobility impairments or physical
disabilities and their escorts. Visually impaired and hearing-impaired individuals may be
escorted to the evacuation site but may require assistance in moving in crowded
staircases and in finding the evacuation site.
In the event of a power failure, individuals who are unable to evacuate and their escorts
should call Campus Security (2411) with their location.
Shelter in Place Procedures: The term, Shelter-in-Place, means to seek immediate shelter
and remain there during an emergency rather than evacuate the area. Certain events may
necessitate the initiation of the college’s Shelter-in-Place protocol. The decision to Shelter-in-
Place will be made by Peru State College Security in consultation with members of the College
Emergency Management Team, if practicable.
Once the decision has been made, Peru State College Security or designee will instruct the
campus community to Shelter-in-Place.
Examples of instances when Shelter-in-Place protocol may be used are:
Hazardous Materials Recommendations: In the event of a critical incident where hazardous
(including chemical, biological or radiological) materials may have been released into the
atmosphere either accidentally or intentionally, a decision to Shelter-in-Place may be the
preferred method of safety waiting out the release. The following recommendations should be
considered:
Move to rooms with no windows that can open or are open.
Rooms that have little or no ventilation are preferred.
Close any open windows and doors if you cannot move.
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Remain in this location until told that it is safe by Peru State College Security.
Active Threat/Violent Person Procedures: In the event of the presence of a person or persons
deemed to be a threat to the campus community, a decision to activate the campus Active Threat
procedures would be made by Peru State Security in consultation with the College Emergency
Management Team, if available. When the procedure is activated an Emergency Alert will be
sent utilizing the BOBCAT ALERT SYSTEM. The alert will indicate the area of the Active
Threat and three choice actions Run, Hide, or Fight.
The three choices to protect yourself and others during an Active Threat are:
RUN and escape, if possible.
Getting away from the threat is the top priority.
Leave your belongings behind and get away.
Help others escape, if possible, but evacuate regardless of whether others agree to follow.
Warn and prevent individuals from entering an area where the active threat may be.
Call 911 when you are safe and describe the suspect including behavior and if any
weapons were seen.
HIDE, if escape is not possible.
Get out of the view of the aggressor and stay very quiet.
Silence all electronic devices and make sure they won’t vibrate.
Lock and block doors, close blinds, and turn off lights.
Don’t hide in groups- spread out along walls or hide separately to make it more difficult
for the shooter.
Try to communicate with police silently. Use text message or social media to tag your
location or put a sign in a window.
Stay in place until law enforcement gives you all clear.
Your hiding place should be out of the aggressors’ view and provide protection if shots
are fired in your direction.
FIGHT as an absolute last resort and can only be used if your life or the life of someone else is in
an immediate threat of death.
Commit to your actions and act as aggressively as possible against the aggressor.
Recruit others to ambush the aggressor with makeshift weapons like chairs, fire
extinguishers, scissors, books, etc.
Be prepared to cause severe or lethal injury to the aggressor.
Throw items and improvise weapons to distract and disarm the aggressor.
Please visit Ready.gov at https://www.ready.gov/active-shooter for more information on what
you can do to protect yourself during an active threat.
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If you are not in the area of the active threat but are on campus you may be asked to shelter in
place. This is the preferred method of keeping people out of harm’s way, controlling pedestrian
traffic on campus, and controlling access to buildings.
Upon receiving notification to Shelter-in-Place:
Stay in your rooms/offices/classrooms.
Notify those around you and encourage others to remain in your room/office rather than
to try to leave the building.
Lock the doors. If applicable, cover the door window and pull down the blinds. Turn off
the lights and stay calm.
Stay away from the windows.
Turn your cellular phone to silent mode.
Monitor your cell phone, e-mail or visit the college website for updates on the situation.
The College will also employ the Emergency Alert System to provide important updates
on the situation as appropriate.
Report any suspicious activity, sounds, or smells to Peru State College Security 402-872-
2411.
Remain out of sight and place furniture between you and the doors/windows.
Only come out when you recognize the authority directing you to evacuate your shelter or
when instructed via the BOBCAT Alert System, 2-way radios or the College website.
Severe Weather Procedures: A severe weather event such as a tornado or wind event during
normal operating hours of the College may necessitate you to Shelter until the threat of bad
weather has passed. Relocating from your normal work area to a space that has no windows or to
a lower floor may increase your chances of survival. It is recommended that you:
Move to the designated building storm shelter as they usually provide the best protection.
Move to the basement of the building.
Move to an interior room with no windows, or a hallway on the lowest floor possible.
Move to an interior stairwell if all rooms have windows.
Stay in the center of room away from doors and windows.
Stay in place until the danger has passed.
.
Missing Student Notification Policy
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This policy, in compliance with the Higher Education Opportunity Act of 2008, provides
students with a procedure and information for reporting a missing person. The policy applies
specifically to students who reside in college-owned housing facilities.
Confidential Contact Person: Resident students 18 years of age or older and emancipated
minors have the option, upon moving into the residence hall, to identify a specific contact person
who will be notified within 24 hours if that student has been reported missing. The identity of
that contact person will remain confidential except for staff designated to respond to missing
person reports. For resident students under the age of 18 and not emancipated, the College is
required to notify a custodial parent or guardian within 24 hours of the time that student is
reported missing.
This policy establishes a framework for cooperation among members of the Peru State College
(PSC) community aimed at locating and assisting students who are reported missing.
A student shall be deemed missing when he or she is absent from PSC for more than 24 hours
without any known reason.
All reports of missing students shall be directed to the Associate Vice President for Student
Affairs, Director of Residence Life and/or Campus Security who shall investigate each report.
The Associate Vice President for Student Affairs will make a determination whether the student
is missing in accordance with this policy.
Students will be given the opportunity during each semester registration process to designate an
individual or individuals to be contacted by PSC no more than 24 hours after the time that the
student is determined to be missing. Unless otherwise specified by the student too Student
Records, the College will consider the parent/guardian or other primary emergency contact
provided to the College by the student to be the person to be contacted in the event the student is
determined to be missing. The student should notify the Emergency Contact that he or she has
been designated as an Emergency Contact. A designation will remain in effect until changed or
revoked by the student.
Residential Students will provide Emergency Contact Information as part of their Housing
Application the Emergency Contact information can be changed at any time by contacting the
Residence Life Office located in the Student Center This information is confidential but may be
released to PSC Campus Security and the Nemaha County Sheriff’s Department and/or the State
Patrol and their staff as necessary to carry out the purposes of this policy.
If a missing student is under the age of 18 and not emancipated, the Associate Vice President for
Student Affairs is required to notify the custodial parent(s) or guardian(s) of the missing student
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no later than 24 hours after the determination by the Associate Vice President for Student Affairs
and Campus Security that the student is missing.
No later than 24 hours after a student is reported missing, the Associate Vice President for
Student Affairs, or his designee, will be responsible for contacting the appropriate Emergency
Contacts as established above.
The Associate Vice President for Student Affairs will also notify the Nemaha County Sheriff’s
Department no later than 24 hours after it determines that the student is missing.
The Associate Vice President for Student Affairs, or designee, shall have the responsibility to
make provisions of this policy and the procedures set forth below available to students.
The Associate Vice President for Student Affairs, or designee, will be responsible for filing all
related missing person reports with other agencies as may be required and investigate.
The Associate Vice President for Student Affairs, or designee, will organize support personnel
when a student is determined missing and make appropriate contacts within and external to the
College.
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Nebraska Sex Offender Registry
Information on Sex Offenders living in the State of Nebraska can be located at
https://sor.nebraska.gov
“Nebraska State Statute 29-4002 declares that sex offenders present a high risk to commit
repeat offenses and that efforts of law enforcement agencies to protect their communities,
conduct investigations, and quickly apprehend sex offenders are impaired by the lack of
available information about individuals who have pleaded guilty to or have been found
guilty of sex offenses and who live in their jurisdiction. Because of that, the legislature
determined that state policy should assist efforts of local law enforcement agencies to
protect their communities by requiring sex offenders to register with local law
enforcement agencies as provided by the Sex Offender Registration Act.
The information is to be used to provide public notice and information about a registrant
so a community can develop constructive plans to prepare themselves and their family.
Sex Offenders have "always" been in our communities. The notification process will
remove their ability to act secretly.
Sex offender registry information shall not be used to retaliate against the registrants,
their families, or their employers in any way. Vandalism, verbal or written threats of
harm are illegal and will result in arrest and prosecution.”
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SEXUAL VIOLENCE/SEX HARASSMENT REPORTING
See Board of Trustees Policy 3020 Sexual Harassment and Sex Discrimination for the current
policy at www.nscs.edu.
POLICY
NAME: Sexual Harassment & Sex Discrimination
POLICY
NUMBER: 3020
A. PURPOSE
The Colleges prohibit discrimination on the basis of sex and are committed to providing an
environment free from sexual harassment and sex discrimination. The Colleges take reports
of sexual harassment seriously and are committed to providing an impartial and fair process
to all parties.
Colleges and universities receiving federal funding, including the Nebraska State Colleges,
are required by Title IX of the Education Amendments of 1972 and 34 CFR Part 106 to not
discriminate on the basis of sex in their educational programs or activities, including
admission and employment. Inquiries about Title IX or 34 CFR
Part 106 can be made to the Colleges’ respective Title IX Coordinators or to the Assistant
Secretary of the Department of Education.
1
This policy constitutes the Nebraska State Colleges’ Grievance Policy and Procedures for
addressing sexual harassment, including how a student, or others reporting on behalf of a
student, may report or file a formal complaint of sexual harassment and how the Colleges
will respond to prevent, correct, and discipline behavior found to violate this policy or
principles of equal opportunity and access and to provide individualized supportive measures
to all impacted students.
B. DEFINITIONS
1. Advisor: An individual selected by the Complainant and/or Respondent to guide them
through the grievance process and accompany them to all meetings, including the
hearing.
2. Complainant: An individual who is alleged to be the victim of sexual harassment.
3. Confidential Employee: A College employee who does not have an affirmative duty to
report incidents of Sexual Harassment to the Title IX Coordinator, including but not
limited to medical or mental health professionals, licensed student counselors, nurses and
athletic trainers.
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4. Education Program or Activity: The College’s education programs or activities include
locations, events, or circumstances in which the College exercised substantial control
over both the Respondent and the context in which the Sexual Harassment occurred,
including any building owned or controlled by a student organization official recognized
by the College.
5. Employee: An individual paid by the College to perform specific duties, including
faculty and staff, whether employed part-time or full-time. This definition excludes
student-employees and third-party contractors unless otherwise noted.
6. Forcible Sex Offense: Any sexual act directed against another person without the
consent of that person including instances in which the person is incapable of giving
consent.
7. Formal Complaint: A statement filed and signed by a Complainant or the Title IX
Coordinator alleging Sexual Harassment against a Respondent and requesting the College
investigate the allegation(s) of Sexual Harassment.
8. Incapacitation: Incapacitation refers to a state in which a person is mentally or
physically incapable of resisting or appraising the nature of their conduct.
1
9. Preponderance of the Evidence Standard: A preponderance of the evidence is the
greater weight of the evidence indicating it is more likely than not the alleged conduct
occurred. This is the standard of review used by the decision-maker to determine whether
a respondent has violated this policy.
10. Respondent: An individual who is alleged to have engaged in conduct constituting
sexual harassment.
11. Student: An individual currently enrolled or registered in the College’s education
program or activity or who has completed the immediately preceding term and is eligible
for re-enrollment.
12. Supportive Measures: Non-disciplinary, non-punitive individualized services offered as
appropriate, as reasonably available and without fee or charge to the
Complainant and Respondent before or after the filing of a report of sexual harassment or
Formal Complaint.
13. Title IX Coordinator: The College employee or contractor responsible for responding to
reports of Sexual Harassment and conducting investigations of Formal Complaints. For
purposes of this policy, references to Title IX Coordinator also refers to a designee
assigned to assume all or some of the responsibilities of the Title IX Coordinator.
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14. Witness: An individual who has relevant information regarding allegations of Sexual
Harassment.
POLICY
Scope
1.1. This policy applies to all students located within the United States, including
traditional students, online or distance education students, and students
participating in dual enrollment programs, regardless of whether the other party
involved is a fellow student, an employee, or a third party. Policy 5011 applies to
employees alleged to have committed sexual harassment.
1.2. This policy applies to students and conduct occurring within the Colleges’
education programs and activities, which include: The physical campus of the
College.
Areas owned or controlled by the College.
Locations, events, or circumstances in which the College exercises substantial
control over both the Respondent and the context in which the sexual
harassment occurs; and
Any building owned or controlled by a student organization is officially
recognized by the College.
Prohibited Conduct
Sexual Harassment is prohibited and includes the following types of conduct set forth
below.
2.1. Quid Pro Quo Harassment occurs when an employee of the College conditions the
provision of an aid, benefit, or service of the College on an individual’s
participation in unwelcome sexual conduct.
2.2. Severe, Pervasive, and Objectively Offensive and Unwelcome conduct occurs
when an individual’s unwelcome conduct is determined by a reasonable person to
be so severe, pervasive and objectively offensive that it effectively denies a
person equal access to the College’s education program or activity.
Unwelcomeness and objective offense are evaluated based on the totality of the
circumstances from the perspective of a reasonable person in the same or similar
circumstances, including the context in which the alleged incident(s) occurred and
any similar previous patterns that may be evidenced.
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2.3. Sexual Assault is an offense classified as a forcible or non-forcible sex offense
under the uniform crime reporting system of the Federal Bureau of Investigation
2
which includes:
Forcible Rape: 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 that person.
Forcible Sodomy: Oral or anal sexual intercourse with another person,
forcibly and/or against that person’s will, or not forcibly or against the
person’s will in instances where the person is incapable of giving consent
because of age or because of temporary or permanent mental or physical
incapacity.
Sexual Assault with an Object: To use an object or instrument to penetrate,
however slightly, the genital or anal opening of the body of another person,
forcibly and/or against that person’s will or not forcibly or against the person’s
will in instances where the person is incapable of giving consent because of
age or because of temporary or permanent mental or physical incapacity.
Forcible Fondling: The touching of the private body parts of another person
for the purpose of sexual gratification, including, but not limited to, the
buttocks, groin, and breasts, forcibly and/or against that person’s will, or not
forcibly or against the person’s will in instances where the person is incapable
of giving consent because of age or because of temporary or permanent mental
or physical incapacity.
Incest: Non-forcible sexual intercourse between persons who are related
to each other within the degrees wherein marriage is prohibited by Nebraska
State law.
3
Statutory Rape: Non-forcible sexual intercourse with a person who is under
the statutory age of consent of 16.
4
3
Neb. Rev. Stat. § 28-702
4
Neb. Rev. Stat. § 28-319.01
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2.4. Dating Violence
Violence committed by a person who is or has been in a social relationship or a
romantic or intimate nature with that person.
The existence of such a relationship shall be determined based on
consideration of the length and type of relationship and the frequency of
interaction between the individuals involved in the relationship.
Dating Violence includes, but is not limited to, sexual or physical abuse or the
threat of such abuse. Dating Violence does not include acts covered under
Domestic Violence.
2.5. Domestic Violence
A felony or misdemeanor crime of violence committed by:
A current or former spouse or intimate partner of a person.
A person with whom the person shares a child in common.
A person who is cohabitating with, or has cohabitated with, another person
as a spouse or intimate partner.
A person similarly situated to a spouse of the other person under the
domestic or family violence laws of Nebraska.
Any other person against an adult or youth the Complainant who is
protected from the person’s acts under the domestic or family violence laws
of Nebraska.
2.6. Stalking
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 or suffer
substantial emotional distress.
Course of conduct means two (2) or more acts, including but not limited to,
acts in which the stalker directly, indirectly, or through third parties, by any
action, method, device, or means, follows, monitors, observes, surveils,
threatens, or communicates to or about a person, or interferes with a
person’s property.
Substantial emotional distress means significant mental suffering or anguish that
may, but does not necessarily require, medical or other professional treatment
or counseling.
2.7. Sexual Exploitation
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Engaging in conduct where one party takes non-consensual or abusive sexual
advantage of another person for their own advantage or benefit, or to benefit or
advantage anyone other than the one being exploited, and that behavior does not
otherwise constitute one of the other sexual misconduct offenses. Examples of
sexual exploitation include, but are not limited to:
Prostituting another person.
Non-consensual visual or audio recording of sexual activity.
Non-consensual display or distribution of photos, images, or information of
an individual’s sexual activity or private body parts.
Non-consensual voyeurism.
Coercing someone against their will to engage in sexual activity, or
Knowingly transmitting a sexually transmitted disease (STD) without
disclosing STD status.
2.8. Retaliation
Intimidation, threats, coercion, or discrimination against any individual for the
purpose of interfering with any right or privilege secured under Title IX or 34
CFR Part 106, or because the individual made a complaint or report,
testified, assisted, participated, or refused to participate in an investigation,
proceeding, or hearing under this policy.
Consent
3.1. Consent is positive cooperation in an act or an expression of the intent to engage
in an act. The presence or absence of consent must be based on the totality of the
circumstances, including the context in which the conduct occurred.
Consent to a sexual act must be given by an individual voluntarily, and with
knowledge and understanding of the nature of the act and their participation in
it.
A person may express their consent or lack of consent verbally, physically, or
through conduct in a manner understood by a reasonable person under the
circumstances.
Consent can be withdrawn by any party at any time through words or conduct.
Consent cannot be inferred from silence or passivity alone.
A person need not resist verbally or physically when it would be futile to do so
as understood by a reasonable person under the circumstances.
Consent to one type of sexual activity does not necessarily constitute consent
to another type of sexual activity.
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3.2. A person lacks the capacity to consent when they:
Are incapacitated by drugs or alcohol.
Are unconscious, passed out, asleep, coming in and out of consciousness.
Have a mental or physical disorder, illness, or disability that renders them
incapacitated; or
Are forced, coerced, intimidated, or deceived into providing consent.
Reporting Sexual Harassment
4.1. Any person may report sex discrimination, including Sexual Harassment, to the
College by contacting the Title IX Coordinator. Such contact may be made
verbally either in person or by telephone or in writing by delivering a written
document in person, by mail, or by email.
4.2. For purposes of this policy, the following employees are required to report
incidents of sexual harassment to the Title IX Coordinator.
President
Vice Presidents
Academic Deans
Title IX Coordinator and designees
Deans of Students and Associate Vice Presidents for Student Affairs
Housing/Residence Life Staff including:
Directors
Managers
Assistant
Directors
All Residence
Hall Advisors
Athletic Directors and Associate Athletic Directors
All Coaches
Campus Security Officers
4.3. Medical or mental health professionals employed by the College, including
licensed student counselors, nurses, and athletic trainers are Confidential
Employees and respect and protect confidential communications from
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students, faculty, and staff to the extent they are legally able and/or required to do
so.
4.4. A confidential employee may report sexual misconduct to the Title IX
Coordinator without identifying the person(s) affected by the sexual misconduct
or providing other confidential information and may offer to the affected
person(s) information, resources, and reporting options.
4.5. All College employees, including Confidential Employees, are required by state
law to report allegations or reasonable suspicion of child abuse or neglect,
including sexual assault or abuse of a person eighteen (18) years of age or
younger, to either law enforcement or the Department of Health and Human
Services. The Child Abuse and Neglect Hotline is (800) 6521999.
4.6. Law Enforcement and Judicial Involvement
A Complainant can choose to report the conduct only to the College, only to
law enforcement, or to both the College and law enforcement.
If a report to law enforcement is made, the College will cooperate with any
law enforcement investigation.
Regardless of whether law enforcement chooses to prosecute a reported
offense, the College may pursue disciplinary action against a student or
employee alleged to have committed Sexual Harassment.
A Complainant may obtain medical care for the purpose of collecting and
preserving physical evidence of an alleged offense.
o Health care providers are required to report to law enforcement when an
injury appears to have been received in connection with, or as a result of,
the commission of an actual or attempted sexual assault.
5
o Additional information about the options for reporting to law
enforcement and evidence collection is available in the Nebraska
Medical Sexual Assault Protocol.
Parties may also pursue judicial remedies such as orders of protection, no
contact orders, restraining orders, or similar lawful orders issued by criminal,
civil, or tribal courts.
o Parties are responsible for notifying the College of any orders issued by
criminal, civil, or tribal courts and should provide a copy of such order to
the Title IX Coordinator as soon as reasonably possible.
5
Nebraska Medical Sexual Assault Protocol, Nebraska Attorney General’s Office, July 2019. Available at
https://ago.nebraska.gov/sites/ago.nebraska.gov/files/doc/Nebraska%20Medical%20Sexual%20Assault%20Protocol
%20FINAL.pdf
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o The Title IX Coordinator may discuss with the party options regarding
enforcing the order within a College Educational Program or Activity.
4.7. Student Privacy and Disclosure of Information
The College appreciates the privacy concerns inherent in allegations of
Sexual Harassment and will take reasonable steps to avoid disclosure of the
names of students or other identifying information to third parties.
Disclosure may be made consistent with Board Policy 3650 or if:
o Prior written permission is given by the student.
o The disclosure is necessary to conduct an investigation.
o The disclosure is necessary to implement a Supportive Measure.
o The disclosure is necessary to pursue disciplinary action; or
o The disclosure is otherwise required by law.
The College is required by the Clery Act, 20 U.S.C. § 1092(f) to include
information about reports of criminal sexual misconduct in annual security
report statistics. These reports do not identify the individuals involved.
Student Athletes are subject to disclosure requirements set forth in Board
Policy 3740.
Role of the Title IX Coordinator
5.1. Each College is required to designate one or more employees as Title IX
Coordinator. The names and contact information for each College’s Title IX
Coordinator are:
Peru State College
Eulanda Cade
Email: eucade@peru.com
Phone: (402) 209-3797
Address: Administration 312
P.O. Box 10, Peru, NE 68421
https://www.peru.edu/titleix/
5.2. The Title IX Coordinator is responsible for responding to reports of Sexual
Harassment at the College by ensuring:
The coordination of supportive measures.
The facilitation of informal resolutions of Formal Complaints, when
appropriate.
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The investigation of Formal Complaints of Sexual Harassment; and
The creation of an investigative report which summarizes and assesses the
credibility of the available evidence and synthesizes the areas of dispute and
agreement.
5.3. The Title IX Coordinator may utilize the services of designers, other employees,
and/or contracted services to satisfy the requirements of this policy.
Response to Reports of Sexual Harassment
6.1. Upon receipt of a report of Sexual Harassment, the Title IX Coordinator will
promptly meet with the Complainant for the following purposes:
To discuss the report, review the availability of Supportive Measures, and
determine the Complainant’s wishes regarding Supportive Measures.
To listen to the Complainant’s account and ask questions to gain a better
understanding of the nature of the alleged incident.
To explain the policy, the definition of Sexual Harassment, and the Grievance
Process; and
To discern the Complainant’s wishes for next steps with respect to the
Grievance Process.
6.2. The Title IX Coordinator must determine whether the alleged conduct can be
addressed under this policy or whether the alleged conduct may be more
appropriately addressed pursuant to a different Board or College policy or
process.
If the determination cannot be made based upon the information available, the
Title IX Coordinator may seek additional information for purposes of making
the determination: however, the Title IX
Coordinator cannot conduct an investigation unless a Formal Complaint has
been submitted.
If the alleged conduct is determined not to fall within this policy, the Title IX
Coordinator will refer the Complainant and the report to the appropriate
College official. The responsibility for facilitating any Supportive Measures
will depend upon the circumstances.
6.3. Supportive Measures
Supportive Measures must be reasonable and are offered to restore and
preserve equal access to the College’s education programs and activities
without unreasonably burdening the other party, to protect the safety of all
parties or the educational environment, and/or to deter Sexual Harassment.
All parties are treated equitably when offered Supportive Measures.
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The College may also utilize Supportive Measures as supplemental tools in
disciplinary action, sanctions, or Informal Resolutions.
Requests for Supportive Measures must be made directly to the Title IX
Coordinator, who will facilitate implementation.
Supportive Measure may include, but are not limited to the following:
o Referral to counseling services;
o Reasonable academic accommodations;
o Changes to on-campus housing;
o Changes to employment situations;
o Use of Campus Security escort services;
o Bi-lateral no contact orders; and
o Other similar measures.
6.4. Emergency Removal of Respondents
The College may remove a Respondent from the College’s education program
or activity on an emergency basis if, after conducting an individualized safety
and risk assessment, it determines that the Respondent presents an immediate
threat to the physical health or safety of any student or other individual arising
from the allegations of Sexual Harassment.
Decisions to remove a Respondent on an emergency basis will be made by the
Vice President, Associate Vice President, or Dean responsible for Student
Affairs as designated by the President based upon the outcome of the
individualized safety and risk assessment.
If removal is deemed appropriate, the party can challenge the decision by
submitting a written appeal per Section 7.10 of this policy.
Grievance Process
7.1. Formal Complaint
In order to commence the Grievance Process, the Complainant must submit a
signed Formal Complaint alleging Sexual Harassment against a Respondent(s)
and requesting the College investigate the allegations.
At the time of filing the Formal Complaint, the Complainant must be
participating in or attempting to participate in the College’s education program
or activity.
The Title IX Coordinator may sign a Formal Complaint on behalf of the
Complainant. However, the Title IX Coordinator does not become a party to
the Formal Complaint.
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7.2. Notice of Allegations
Upon receipt of a Formal Complaint, the Title IX Coordinator will provide the
Complainant and Respondent a Notice of Allegations and Investigation.
The Respondent’s notice must include sufficient detail known at the time for
the Respondent to respond. the Title IX Coordinator will provide the
Respondent with sufficient time to review the Notice of Allegations prior to
Respondent’s initial investigatory interview.
7.3. Advisor:
Parties are entitled to select an Advisor of their choice at any time throughout
the Grievance Process. Parties must have an Advisor during the hearing on a
Formal Complaint, as the Advisor is responsible for asking the other party and
all witnesses any relevant questions on behalf of their advisee. In all other
instances throughout the grievance process (including interviews, meetings,
and correspondence), the party will speak for themselves.
o The College will maintain a list of employees who may be available to act
as an Advisor.
o If a party has selected an Advisor, the party should notify the Title IX
Coordinator of the individual’s name and contact information. The party
will be asked to sign a FERPA waiver to allow information to be shared.
A party’s Advisor may accompany them to any meetings and assist in
guiding the party through the Grievance Process.
o The Title IX Coordinator provides information and updates for the parties
involved. It is each party’s responsibility to share information and
updates with their Advisor as needed throughout the Grievance Process.
However, circumstances may arise in
which communications from the Title IX coordinator may need to include
the Advisor.
o If an Advisor is an attorney, their participation is subject to the same
limitations as any non-attorney Advisor.
If at the time the Pre-Hearing Meeting is scheduled, a party does not yet have
an Advisor, the College will appoint one for them without any fee or charge to
the party.
7.4. Grievance Process Overview
The Grievance Process is a fair and impartial process during which all parties
will have an opportunity to provide their account of the alleged incident,
respond to the other party’s account, and review evidence directly related to
the allegations. All relevant inculpatory and exculpatory evidence will be
objectively evaluated.
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Individuals cannot be required to participate in the Grievance Process.
A Respondent is presumed to be not responsible for the alleged conduct until a
determination regarding responsibility is made at the conclusion of the
Grievance Process.
The burden of proof and the responsibility for gathering evidence rests on the
College, not the parties.
Credibility determinations are not based on a person’s status as a
Complainant, Respondent, or Witness.
Parties are prohibited from knowingly making false statements or submitting
false information during the Grievance Process.
The Complainant has two (2) options to resolve a Formal Complaint of Sexual
Harassment:
o The College investigates the allegations and completes an investigatory
report, and after a hearing, a determination regarding responsibility is
made; or
o At any point during the process prior to a determination regarding
responsibility, the Complainant and Respondent both agree to Informal
Resolution.
The College strives to complete the Grievance Process within sixty (60)
business days from the date the Respondent receives Notice of the Allegations
and Investigation unless good cause exists to extend this timeline under
Section 7.12.
7.5. Investigation
The Title IX Coordinator assigned to the matter may conduct the investigation
or assign the investigation to a Designee, another College employee
sufficiently trained to conduct the investigation, or a third-
party investigator, all of whom are referred to as the “Investigator” for
purposes of this policy.
The Investigator will endeavor to complete the investigation in a timely
manner.
The Investigator is responsible for gathering evidence through
o Interviews of the Complainant, Respondent, and any Witness(es);
o Collecting physical, written, video, recorded, text messages, and similar
information, regardless of the format, that may provide relevant
information regarding the allegations set forth in the Formal Complaint.
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o If a party wishes for their medical records, prior educational records, or
other records that are external to the College to be considered in the
Grievance Process, they must provide written consent for those records to
be released to the College and make arrangements for the records to be
provided to the College.
Once the evidence has been gathered, the Investigator will provide both
parties with electronic copies of the evidence obtained from the investigation
that is directly related to the allegations, including both inculpatory and
exculpatory evidence. If the Investigator is a person other than the Title IX
Coordinator, the Investigator will also provide the evidence to the Title IX
Coordinator.
o The parties will have ten (10) calendar days to submit a written response
to the Investigator for purposes of correcting or clarifying the evidence or
providing additional relevant information.
o Any written responses received from the parties will be included in the
Investigative Report.
o A party’s failure to respond will be taken as their confirmation that the
evidence provided is accurate and complete for purposes of the Grievance
Process.
The Investigator will then prepare the Investigative Report that organizes and
fairly summarizes the relevant evidence and synthesizes areas of dispute and
agreement between the parties.
The Investigator will provide the Investigative Report and any additional
evidence not previously provided to the parties to the parties electronically at
least ten (10) calendar days prior to the Hearing. If the Investigator is a person
other than the Title IX Coordinator, the Investigator must also provide the
Investigative Report and evidence to the Title IX Coordinator. The parties
shall have ten (10) calendar days to provide a written response to the
Investigative Report to the Investigator.
7.6. Pre-Hearing
After the completion of the Investigation Report, the Title IX Coordinator
shall designate a hearing chairperson. The College has the discretion, but is
not required, to designate two (2) additional hearing panelists to conduct the
hearing with the hearing chairperson.
Once a designation is made, the Title IX Coordinator will:
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o Provide written notice to the parties of the designated hearing chairperson
and additional panelists when applicable.
o Provide the Investigative Report and evidence electronically to the
hearing chairperson.
o Schedule a tentative hearing date, time, and location for the hearing.
If a party has a concern regarding bias or conflict of interest with respect to
the hearing chairperson or a panelist, the party must inform the Title IX
Coordinator in writing of the basis for the concern.
o The Title IX Coordinator will provide notice of the concern raised to the
other party.
o The Title IX Coordinator is responsible for determining whether a bias or
conflict of interest exists.
o The Title IX Coordinator will inform both parties in writing of their
decision regarding whether the hearing chairperson or panelist will be
retained or removed and if applicable the individual appointed to replace
them.
The Title IX Coordinator will assist the hearing chairperson in scheduling a
pre-hearing meeting with the parties and Advisors for purposes of determining
a date, time, and location of the hearing, identifying witnesses, reviewing the
conduct of the hearing, and the relevancy of evidence.
o The pre-hearing meeting may take place remotely via electronic means or
in-person.
o The hearing chairperson, in consultation with the Title IX Coordinator,
may choose to conduct separate pre-hearing meetings with the parties if
warranted by the circumstances or requested by one or both of the parties.
o If the parties wish to call specific witnesses, beyond those the hearing
chairperson intends to call, the parties must provide the hearing
chairperson with the names and contact information of the witnesses.
The hearing chairperson, with the assistance of the Title IX Coordinator, is
responsible for providing notices and summoning witnesses for the hearing.
If the College has elected to use a hearing panel, the hearing chairperson, with
the assistance of the Title IX Coordinator, will provide the Investigatory
Report, evidence, witness lists, and hearing information to the hearing
panelists.
The hearing panelists may also request the attendance of witnesses at the
hearing.
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7.7. Hearing
The College will conduct a live hearing as soon as practicable after the pre-
hearing meeting.
The College shall create an audio, audio-visual recording, or transcript of
any Hearing and make it available to the parties for inspection and
review.
The hearing chairperson is responsible for directing the conduct of the
hearing.
The Title IX Coordinator shall provide logistical assistance with respect
to the hearing and be present at the hearing to provide clarification
regarding policy and process.
The Investigator must be present at the hearing to answer questions or
clarify information with the Investigatory Report.
Each party’s Advisor will be permitted to present relevant evidence and ask
relevant questions of the other party and witnesses.
o The hearing chairperson and any hearing panelists are also entitled to ask
questions of witnesses during the hearing.
o The hearing chairperson and any hearing panelists are also entitled to ask
questions of witnesses during the hearing.
o After each question asked by an Advisor or hearing panelist, the hearing
chair must determine whether the question is relevant and instruct the
individual whether they may answer. If a question or evidence is
excluded based upon relevance, the hearing chairperson must provide a
reason in the written Determination of Responsibility.
With respect to determining relevance, questions and evidence about the
Complainant’s sexual predisposition or prior sexual behavior are not relevant,
unless:
Offered to prove that someone other than the Respondent committed the
conduct alleged by the Complainant.
Concern specific incidents of the Complainant’s prior sexual behavior
with respect to the Respondent and are offered to prove consent; or
All parties, advisors, witnesses, and other participants are expected to conduct
themselves in a respectful and civil manner. The hearing officer can require
the removal of any person who fails to do so; however, the hearing officer
must take steps to ensure that the removal of the individual does not
negatively affect the fairness of the process.
7.8. Deliberations and Determination of Responsibility
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In determining whether Sexual Harassment occurred and whether a
Respondent is responsible for the Sexual Harassment, the decisionmaker(s)
shall use the preponderance of the evidence standard.
If a hearing panel is being utilized, the hearing panel will convene within
forty-eight (48) hours of the end of the hearing to reach a decision as to
responsibility.
If a hearing panel is being utilized, the decision will be based upon majority
vote, with the hearing chairperson and each hearing panelist having a vote.
The hearing chairperson is responsible for providing a written determination
regarding responsibility including any sanctions or disciplinary action within
ten (10) calendar days of the conclusion of the hearing.
7.9. Sanctions and Remedies
Subsequent to a determination of responsibility, the College may take
disciplinary action, impose sanctions and apply remedies which may include,
but are not limited to: warnings, disciplinary probation, loss of privileges,
restitution, remedial work assignments, remedial education requirements,
service requirements, remedial behavioral requirements, College housing
relocation or suspension, removal from College housing, suspension, and
expulsion.
Remedies including disciplinary action and informal resolutions are designed
to restore or preserve the Complainant’s equal access to the College’s
education programs and activities.
7.10. Appeal
o The Complainant and/or the Respondent may appeal decisions to the
President, including a determination regarding responsibility; a decision
regarding dismissal of a Formal Complaint; and/or a decision to remove a
student on an emergency basis. Appeals must be submitted to the
President and Title IX Coordinator in
writing within five (5) calendar days of the hearing chairperson sending
their decision.
o The Title IX Coordinator will provide written notice to both parties of the
appeal and provide them both five (5) calendar days to submit to the
President and Title IX Coordinator a written statement in support of or
challenging the decision being appealed.
o The Title IX Coordinator will provide the President the record of the
investigation and hearing.
A Party may challenge a decision to remove them on an emergency basis
under Section 6.4 of this policy that the Vice President, Associate Vice
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President or Dean responsible for Student Affairs as designated by the
President erred in determining that they represented an immediate threat to the
physical health or safety of any student or other individual.
The permissible bases for appeal of a determination of responsibility or
dismissal of a Formal Complaint are:
Procedural irregularity that affected the outcome.
New evidence that was not reasonably available at the time the
determination was made that could have affected the outcome; or
The Title IX Coordinator, designee, hearing chairperson, or hearing
panelist had a conflict of interest or bias for or against a party or
Complainants or Respondents generally that affected the outcome.
The President, or when appropriate his designee, will send or cause to be sent
a written decision regarding the appeal and the rationale for the decision as
soon as practicable.
If an appeal is filed, the determination of responsibility does not become final
unless and until it is upheld by the President. If no appeal is filed, the
determination of responsibility becomes final after the period for appeal has
passed.
7.11. Informal Resolution
At any time after a Formal Complaint is filed but prior to reaching a
determination regarding responsibility, the parties may request to engage in an
Informal Resolution process established by the College.
Both parties must provide voluntary, written consent to participate in Informal
Resolution.
Informal Resolution cannot be used to resolve allegations that an employee
sexually harassed a student, including allegations involving a student-
employee if the alleged conduct occurred in the context of their employment.
The Title IX Coordinator assigned to the matter may facilitate the Informal
Resolution process or assign a Designee, another College employee or a third-
party, all of whom are referred to as the Facilitator for purposes of this section.
The Facilitator will provide the parties with written notice disclosing the
allegations, the requirements of the Informal Resolution process, and the
consequences resulting from participation in the process.
The Facilitator can present a framework of potential remedies to guide the
parties in negotiation, facilitate the process, and assist in reducing any
agreement to writing, but the parties themselves must come to an agreement.
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The parties may not bind the College to a resolution that the College does not
deem appropriate. The Title IX Coordinator, in consultation with appropriate
College officials, is responsible for reviewing and determining whether any
agreement reached through the Informal Resolution process is appropriate.
7.12. Temporary Delays and Extensions of Time
The College may temporarily delay the grievance process or provide limited
extensions of time for good cause.
Either party may request a temporary delay of the grievance process or an
extension of time for good cause by submitting a written request to the Title
IX Coordinator.
For purposes of this section, good cause may include, but not be limited to:
o The absence or unavailability of a party, an Advisor, a Witness, or
other person necessary to the grievance process.
o Concurrent law enforcement activity; or
o The need for language assistance or disability accommodation.
The Title IX Coordinator will notify the parties in writing of any delay in the
process or extensions of time and the reasons for any such delay or extension.
7.13. Dismissal of a Formal Complaint
Mandatory Dismissal: The College is required to dismiss a Formal Complaint
if:
o The alleged conduct, if proven, would not constitute Sexual Harassment
as defined in this policy.
o The alleged conduct did not occur in the College’s education program or
activity; or
o The alleged conduct did not occur against a person in the United States.
Permissive Dismissal: The College may dismiss a Formal Complaint if:
o The Complainant withdraws a Formal Complaint in writing; o
The Respondent is no longer enrolled in or employed by the
College; or o Specific circumstances prevent the College from
gathering evidence sufficient to reach a determination.
The parties will receive written notice of any dismissal including the basis for
the dismissal.
Parties may appeal the dismissal of a Formal Complaint pursuant to Section
7.10 of this policy.
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Allegations dismissed under a mandatory dismissal may be addressed
pursuant to Board Policy 3100 under the Student Code of Conduct.
SOURCE:
Legal Reference:
Neb. Rev. Stat. 28-319
Sexual assault; first degree; penalty.
Neb. Rev. Stat. 28-319.01
Sexual assault of a child; first degree;
penalty.
Neb. Rev. Stat. 28
-702
Incestuous marriages; declared void.
Neb. Rev. Stat. 28-711
Child subjected to abuse or neglect;
report; contents; toll-free number.
Clery Act 20 U.S.C. 1092(f)
34 CFR 106.45(3)(i)
Policy Adopted: June 2012 (Effective July 2012)
Policy Revised: July 2013, December 2013, April 2014 (Effective July 2014), November 2014,
January 2015, March 2015 (Effective July 2015), August 2015, March 2016, October 2016,
June 2017, July 2017, June 2018, July 2020, August 2020, February 2021, June 2021, October
2021, February 2022, September 2022
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Student conduct & discipline
See Board of Trustees Policy 3100 for the most current version of this policy at www.nscs.edu.
POLICY
NAME:
Student Conduct
POLICY
NUMBER: 3100
A. PURPOSE
To establish standards of student conduct is essential to creating and maintaining a
productive and safe educational community that fosters the personal, ethical, and
intellectual development of our students.
B. DEFINITIONS
1. Student: All persons enrolled at the State Colleges.
C. POLICY
1. General
1.1. As members of an academic community, students are expected to conduct
themselves with integrity and in a responsible manner to support a safe
and productive educational environment for themselves and others.
1.2. The Board grants authority to the Presidents to designate appropriate
officers, establish representative college committees, render initial
decisions and provide appeal procedures in regard to allegations of
academic dishonesty; grade appeals; failure to pay a financial obligation;
or academic performance, achievement, probation and suspension.
1.3. Acceptance of this policy by the student is implied as a condition of their
enrollment.
2. Scope
2.1. This policy applies to student conduct occurring on college property or
property leased by the College, student government or an RSO;
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2.2. This policy applies to student conduct occurring off college property under
the following circumstances:
The conduct occurs at or during events and/or travel authorized,
funded, or sponsored by the Colleges, student government, or an
RSO;
The conduct poses a serious risk to the health or safety to students
or employees on college property;
The conduct caused or was intended to cause physical injury to
another student or employee of the College; or
The conduct could or was intended to cause harm on college
property.
2.3. Issues related to academic integrity should be reported to the Vice
President for Academic Affairs.
3. Student Responsibilities
3.1. Acceptance of this policy by the student is implied as a condition of their
enrollment.
3.2. Students are responsible for obeying state and federal laws; Board
policies; College policies, rules and regulations; and to refrain from any
misconduct set forth herein or conduct injurious to themselves, to others,
or to the reputation or interest of the College.
4. Potential Disciplinary Sanctions and Interim Measures
4.1. Students engaging in misconduct as set forth herein or in violation of
section 2.2, whether occurring on or off College property, may result in
disciplinary action taken against the student pursuant to Policy 3200.
4.2. Students may be ordered to leave the College under a temporary
suspension pending disciplinary action due process per Policy 3200 in the
event the student’s continued presence is believed to threated the safety
or health of another person or for other reasons at the discretion of the
senior student affairs officer. Such order shall be given in writing by the
senior student affairs officer.
4.3. Pending disciplinary action under Board Policy 3200, students may be
subject to interim measures, including but not limited to no contact orders,
temporary restrictions from specific areas of the campus, changes in class
schedules and/or delivery; changes in residence hall assignments and/or
changes in campus employment.
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4.4. Students may be ordered to leave the College under a temporary
suspension pending disciplinary action due process per Board Policy 3200
in the event the student’s continued presence is believed to threaten the
safety or health of another person or for other reasons at the discretion of
the senior student affairs officer.
4.5. Students suspended or expelled from one of the Colleges may be
admitted to another College only under the same conditions that they
would be readmitted to the College from which they were suspended.
5. Standards of Responsible Conduct
The following acts shall be considered to constitute misconduct for which an
offending student and/or student organization may be subject to disciplinary
sanctions.
5.1. Participation in a demonstration on College property which materially and
substantially disrupts or obstructs the normal operations, activities or
functions of the College, including unauthorized occupation of College
premises;
5.2. Failure to evacuate College facilities or willfully ignoring any emergency or
alarm signal or request to evacuate by appropriate emergency personnel;
5.3. Falsification or willful suppression of any information for or on an
application for admission, or falsification or misuse of College identification
or other documents;
5.4. Misuse of computers or computing resources, including, but not limited to,
violating the following federal regulations: the Copyright Act of 1976 and
the Fair Use Guidelines, the Digital Millennium Copyright Act of 1998, and
the Technology, Education and Copyright Harmonization Act of 2002;
5.5. Unlawful or unauthorized possession, use, distribution, dispensing,
delivery, sale or consumption, manufacture, or being in the presence of
any alcoholic beverage, including empty bottles, cans or other alcohol
container on any part of College property including outdoor areas and
parking lots;
5.6. Alcohol consumption that endangers the health, safety, or property of
oneself or another, or requires medical treatment or College staff
intervention;
5.7. Unlawful or unauthorized possession, use, distribution, delivery,
dispensing, manufacture or sale, or being in the presence of any drug;
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being in possession of paraphernalia for drug use, except as expressly
permitted by law, or being unlawfully under the influence of any drug
unless directed by a licensed physician;
5.8. Inflicting unwanted physical contact on another person; conduct that
intimidates, harasses, or threatens the safety, health, property, or life of
others or oneself; participating or contributing to an incident of abuse or
assault; causing, provoking or engaging in any fight, brawl or riotous
behavior; or inflicting willful and repeated harm through the use of
computers, cell phones, and other electronic devices;
5.9. Any act occurring on College property or on the premises of a student
housing unit which intentionally disturbs the peach and quiet of any person
or group of persons;
5.10. Sex harassment as Board Policy 3020 defines those terms;
5.11. Conduct which is unreasonably dangerous to the health or safety of other
person or oneself;
5.12. Theft or attempted theft of any property or receipt of stolen property;
5.13. Damaging or attempting to damage property of the College or of another
individual;
5.14. Using or possessing bombs, explosives, incendiary devices, or fireworks;
5.15. Setting or attempting to set any fire on the campus or on the premises of
any student housing unit, except in fireplaces or other facilities designated
for fires;
5.16. Failing to report a fire or any other extremely dangerous condition when
known or recognized on College property or on the premises of any
student housing unit;
5.17. Possessing or selling firearms ammunition, weapons, explosives, or
dangerous chemicals on College property or on the premises of any
student housing unit;
5.18. Obstructing or failing to comply with the directions of a law enforcement
officer, firefighter, or College official in the performance of their duty on
College property, on the premises of any student housing unit or at any
activity or event sponsored by the College or an organizations;
5.19. Hazing any person. Consent of the victim of the hazing will not constitute a
defense to an allegation of misconduct for hazing. Hazing shall mean any
activity by which a person intentionally or recklessly endangers the
physical or mental health or safety of an individual for the purpose of
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initiation into, admission into, affiliation with, or continued membership with
any organization;
5.20. Committing any unlawful act of indecent exposure or public indecency;
5.21. Participating in any gambling activity in violation of the laws of the State of
Nebraska or of the United States;
5.22. Unauthorized use of any College property, facilities, equipment, or
materials;
5.23. Possessing, producing, manufacturing, or having manufactured without
proper authorization, any key or unlocking device for use on any College
facility or lock;
5.24. Serious traffic violations on the campus, including, but not limited to,
operating any vehicle while intoxicated, speeding, reckless endangerment,
or reckless driving;
5.25. Violation of any student housing unit policy, rule or regulation;
5.26. Failure to redeem or make arrangements to redeem, within one week after
receipt of written notice, an insufficient funds or no account check
submitted to the College for cash or for payment of College goods or
services;
5.27. Abuse of College investigations or disciplinary proceedings which includes,
but is not limited to:
failure to obey a request to appear before a disciplinary officer or
committee,
falsification of testimony,
disruption or interference with the orderly conduct of any hearing,
attempting to discourage any person from using College
disciplinary procedures or participating in such procedures,
attempting to influences the impartiality of a member of a
disciplinary committee prior to any proceeding,
filing a malicious, false or frivolous complaint,
verbal or physical harassment or intimidation of a member of a
disciplinary committee prior to, during, or after a proceeding,
failure to comply with any sanction imposed,
influencing or attempting to influence another person to commit an
abuse of disciplinary proceedings, and
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a violation of the privacy rights of any student or College employee
in regard to a disciplinary proceeding.
5.28. Any act by a student which occurs on the campus, while studying
abroad, on the premises of any student housing unit or at any activity or
event sponsored by the College or an organization which is in violation of
any ordinance of the municipality in which the College resides, will
constitute misconduct;
5.29. Falsely setting off or otherwise tampering with any emergency
safety equipment, fire alarm, or other device established for the safety of
individuals and/or college facilities;
5.30. Harassing or discriminating against any student, faculty, or staff
member, as defined in Board Policy 3021, on the basis of race, color,
national origin, sex, sexual orientation, gender identity, disability, religion or
age; and
5.31. Any other activity or conduct prohibited by the College in published
policies.
6. Unreasonably Dangerous or Threatening Conduct Toward Self
6.1. Student behaviors and actions that are unreasonably dangerous to self or
which threaten the student’s own safety or health may constitute
misconduct under this Policy and may be addressed by the College
administration through the disciplinary process. When practicable and
appropriate, efforts will be made to advise students regarding voluntary
withdrawal options in lieu of initiating disciplinary due process as set forth
in Board Policy 3020.
6.2. At the discretion of the senior student affairs officer, a student may be
allowed to voluntarily withdraw when continued enrollment no longer
appears to be in the best interests of the student and/or College in
conjunction with mutually agreed upon conditions that will be required for
the student to reapply for admission.
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Legal Reference:
Neb. Rev. Stat. 53-186
Consumption of liquor on public property,
public roads, streets, alleys; prohibition;
exceptions.
Neb. Rev. Stat. 85-301
State college; official names; Board of
Education; appointment; no compensation;
travel expenses.
Neb. Rev. Stat. 85-312
State colleges; morals of the pupils; faculty;
religious test forbidden.
Neb. Rev. Stat. 85-601
Interference with operation; faculty,
administrative staff, student; dismissal or
expulsion.
Policy Adopted: January 1977
Policy Revised: April, 1981, June 1993, March 1994, August 1997, March 2008, March 2011,
January 2012, April 2014, June 2016, June 2018, September 2019, April 2020, June 2021, April
2022; June 2023
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DUE PROCESS
See Board of Trustees Policy 3200 for the most current version of this policy at www.nscs.edu.
POLICY
NAME:
Due Process
POLICY
NUMBER: 3200
A. PURPOSE
To establish and provide procedural due process to students accused of misconduct
pursuant to Policy 3100.
B. DEFINITIONS
1. Preponderance of the Evidence: The standard of evidence to be used to
determine responsibility for misconduct meaning it is more likely than not that the
misconduct occurred.
C. POLICY
1. Informal Resolution
The College may resolve conduct issues informally if warranted by the individual
circumstances including, but not limited to the responsiveness of the student, the
severity of the offense, a student’s prior misconduct, and the health and safety of
the student an other members of the campus community.
Informal resolution of conduct issues in which two (2) or more students are
involved in a physical altercation with one another will not be permitted unless all
students involved agree to informal resolution.
2. Disciplinary Sanctions
Disciplinary Sanctions may include warnings, demands for restitution or
reimbursement, fines, a period of probation, remedial behavioral requirements,
remedial educational requirements, suspension, or expulsion.
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3. Withdrawal
At the discretion of the senior student affairs officer, a student may be allowed to
voluntarily withdraw when continued enrollment no longer appears to be in the
best interests of the student and/or College in conjunction with mutually agreed
upon conditions that will be required for the student to reapply for admission. The
senior student affairs officer will work with the Vice President for Academic
Affairs to determine what, if any, academic penalties would apply. Any
unresolved conduct issues will remain pending and must be resolved as a
condition of readmission. Additional conditions may include, but not be limited to,
the length of time a student must wait to reapply and/or the length of time a
student has to reapply for admission.
4. Notice
4.1. The student shall be notified in writing by an appropriate College official
that they are accused of misconduct. The student shall be made aware of
ground which would justify such action by way of the student handbook or
other published College regulation.
4.2. The student shall be notified that they may elect one of three (3) courses
of action. The student shall be advised of a date (deadline) by which such
an election must be communicated to the appropriate College official.
Option 1: The student may admit the alleged violation and request,
in writing, that the appropriate College official take whatever action
seems appropriate.
Option 2: The student may admit the alleged violation in writing
and request a hearing before the appropriate hearing panel designated
by the College. The hearing panel will determine the appropriate
sanctions.
Option 3: The student may deny the alleged violation, in which
case, the appropriate College official shall refer them to the appropriate
hearing panel designated by the College. The hearing panel will
determine responsibility and the appropriate sanctions.
4.3. The student’s decision can be binding, if freely and knowingly made, even
though suspension, expulsion or the imposition of a stigmatizing sanction
might result.
4.4. Students should be advised in writing of all risks associated with any
waiver of due process rights and provided a reasonable amount of time to
consider their decision and to confer with a family member or advisor.
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4.5. If the student fails to respond to the appropriate College official in a timely
manner according to the date (deadline) and/or fails to elect one (1) of the
three (3) courses of action, the appropriate College official may address
the alleged misconduct without providing further due process.
5. Option 1 Procedure
If the student chooses to admit the alleged violation and that the College
take appropriate action, the College may address the alleged misconduct
without providing further due process.
6. Option 2 or 3 Procedure
6.1. If the student selects either to admit the alleged violation and have a
hearing panel determine appropriate sanctions or deny the alleged
violation and have a hearing panel determine responsibility and the
appropriate sanctions, a hearing shall be conducted in accordance with
this section within ten (10) class days, unless the student requests an
extension in writing, which shall not be unreasonably denied.
Requests for an extension should be directed to the senior student
affairs officer.
Students studying abroach shall be under the direction of the
accompanying College official until the student’s return to campus, at
which time, if needed, the due process procedures will commence.
6.2. Prior to the hearing, the student shall be entitled to the following:
Written notification of the time and place of the hearing with
reasonable time allowed to prepare a presentation and defense;
A written statement of the allegations (incident or behavior) with
sufficient particularity so that the student may prepare their defense;
The grounds which would justify disciplinary action cited in the
student handbook or Board Policy and the possible sanctions that may
be imposed;
Written notification of the names of the witnesses who are directly
responsible for having reported the allegations, or if there are no such
witnesses, written notification of how the allegations came to the earing
panel’s attention; and
A copy of all documentary evidence to go before the hearing panel.
6.3. Members of the hearing panel shall have the opportunity to examine the
case file beforehand.
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6.4. The student shall be entitled to appear in person before the hearing panel,
and may call witnesses on their behalf. If the student does not appear
before the hearing panel, the hearing shall be held in their absence.
6.5. The student shall be entitled to be accompanied by a person of their own
choosing from the College community to assist in the proceedings or by
counsel at the student’s expense. An attorney or advisor, if present at the
request of the student, may be present to counsel the student, but may not
directly participate in the hearing by making oral presentations or
arguments, examine or cross examine a witness, or object to testimony of
a witness or to the introduction of other evidence.
6.6. Members of the hearing panel shall have the opportunity to question the
accused and witnesses at the hearing.
6.7. The student shall be entitled to ask questions of the hearing panel or any
witness.
6.8. The student shall be entitled to an expeditious hearing of the case.
6.9. Hearings are closed to the public.
6.10. An audio recording of the hearing will be made and kept by the College
consistent with document retention schedules.
6.11. The student shall be entitled to an explanation in writing of the reasons for
any decisions rendered against them and the discipline imposed, and shall
be given access to the hearing panel’s decision for their personal records.
6.12. Technical rules of evidence or procedure need not be employed in the
hearing proceedings. Hearsay evidence is not required to be excluded,
but a finding of misconduct on hearsay evidence alone is not appropriate
in hearings, including a serious disciplinary case such as suspension or
expulsion.
6.13. A student’s misconduct shall be determined by a preponderance of the
evidence standard.
6.14. Hearing decisions need not be unanimous. A simple majority vote shall be
sufficient.
6.15. The student shall be notified of their right to appeal the decision of the
hearing panel to the senior student affairs officer.
6.16. Appeals must be in writing and are due to the senior student affairs officer
within five (5) class days after the student received the hearing panel’s
decision. If the senior student affairs officer was a member of the hearing
panel, the student may submit the appeal directly to the President.
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6.17. Appeals must be based on one (1) of the following grounds:
Procedural due process was violated.
The sanction was excessive.
The evidence did not support the decision; or
Substantive new information is available that was not available at
the hearing.
6.18. Should the student appeal, any action assessed by the hearing panel shall
be suspended until acted upon by the President.
6.19. Appeals of the President’s decision may be submitted to the Chancellor
but shall be limited to allegations that fair procedural due process has not
been provided in accordance with this policy.
6.20. Appeals to the Chancellor must be in writing and are due within five (5)
days after the student receives the President’s decision.
6.21. Should the student appeal, any action assessed by the hearing panel shall
be suspended until acted upon by the Chancellor.
7. Hearing Panel
7.1. The hearing panel shall be the decision-making body acting independently
of the President.
7.2. The hearing panel designated by the College shall be composed of
college administrators, faculty staff, and/or students. Such selection shall
be at the approval of the President or designated Vice President or Dean.
Individuals serving on the panel need not be disqualified because they
have superficial knowledge of the background of the case, or because
they may not be the participants. The basic test shall be whether or not
the panelist can judge the case fairly, without bias or prejudice, and solely
on the evidence presented.
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SOURCE:
Legal Reference: Neb. Rev. Stat.
85-602
Faculty, administrative staff, student;
dismissal or expulsion; procedure.
Neb. Rev. Stat.
85-603
Faculty, administrative staff, student;
dismissal or expulsion; order;
contents; service.
Policy Adopted: January 1977
Policy Revised: June 1993, March 1994, April 2003, June 2006, March 2008, March 2011,
April 2012, June 2018, September 2019, July 2020, June 2021, April 2022, June 2023
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Fire Safety Systems in On-Campus Housing
Peru State College has a total of four (4) on-campus student housing facilities. The
following table outlines the fire safety systems that are in place in each of these facilities.
Facility
Fire Alarm
Monitoring
On-Site
Full
Sprinkler
System
Smoke
Detection
Fire
Extinguishers
Evacuation
Plans and
Placards
# Of Fire
Drills
Each Year
Centennial
Complex
X
X
X
X
X
2
Morgan
Hall
X
X
X
X
X
2
Delzell Hall
X
X
X
X
X
2
Oak Hill
Apartments
X
X
X
0
Electrical Appliances: Only UL (Underwriters Laboratories) electrical appliances
are allowed to be used in student rooms. Appliances for cooking used in residential
rooms should not have exposed heating elements. Cooking areas and equipment is
provided by the College in each hall for students to prepare food.
Fire Hazards:
Candles, halogen lamps, incense, coffeemakers, hot pots and hot
plates, space heaters, as well as any other items with open flames or open heating
elements are not allowed in the Residence Halls.
The above items are not allowed because they are fire hazards and pose a threat to the
safety of others living in the Residence Hall.
Smoking is strictly forbidden in any Campus Building including resident halls.
False Reporting: Causing a false fire alarm by pulling an alarm box, through a
telephone call, or tampering with alarm equipment, in addition to being a state and local
law violation, is interpreted as a disregard for the safety and rights of others. Violations
of this nature may be subject to disciplinary action, up to and including suspension from
Peru State College, in addition to civil action.
Smoke Detectors: Current fire regulations require the installation of room smoke
detectors. This is an important life safety device for the benefit of the occupant. Any
occupants who willfully tamper with, remove, damage, destroy, or disable a smoke
detector or its contents, will be charged current replacement costs and may be subject to
disciplinary action.
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Fire Procedure: In the case of a fire alarm, leave the hall immediately and remain at
least 200 feet away from the building. Do not return to the building until directed by
Residence Life Staff, Campus Security or the Police/Fire Departments.
Fire procedures and evacuation plans are posted in every living area and community.
Each resident and guest should be familiar with the fire instructions which pertain to
their hall. Residents, guests, and all individuals are expected to comply with the
directives of college staff during evacuation and must leave the building immediately
when the alarm has been sounded.
Fire Drills and Fire Safety Education
: Fire drills and fire safety education is
performed at the beginning of each semester. Students are required to participate in the
drills as part of the ongoing life safety education provided by the College.
Fire alarms will be tested each semester. Never assume that a test is taking place even if
there are signs to indicate such. Treat all alarms as though there is a true emergency.
Reporting: Call 911 for urgent emergencies such as fire, crimes in progress, or
ambulance assistance. Do not waste important time in reporting such occurrences when
individuals’ lives could be in danger.
Notify others around the fire and pull a fire alarm to alert anyone who is in the building.
A fire that has occurred and has been extinguished must be reported to the following
staff:
Resident Life Staff
o Associate Vice-President of Student Affairs and Director of Resident Life
Security Department
o Security Supervisor or any Security Officer
Campus Services Department
o Director of Campus Services or Assistant Director of Campus Services
PLANS FOR FUTURE IMPROVEMENTS IN FIRE SAFETY
Peru State College continually evaluates the fire protection system in residential
facilities. Upgrades to the system occur through replacements or building renovations.
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Fires Reported in Residence Halls
The following data reflects fires reported in residence halls for the past three calendar years
January 1 – December 31 of each year 2020, 2021, 2022.
Residence Hall Year
Total
Number of
Fires
Cause of Each Fire
Injuries Requiring
Treatment at a Medical
Facility
Number of Deaths
Related to a Fire
Property
Damage Value
Morgan Hall
2020
0
2021
0
2022
0
Delzell Hall
2020
0
2021
0
2021
0
Centennial
Complex
2020 0
2021
0
2022
0
Oak Hill
2020
0
2021
0
2022
0
Faculty/Staff
Housing
2020 0
2021
0
2022
0