Title: Mission Statement
Number: AP 1.01
Adopted: March 2012
Reviewed: February 2020
Revised:

In service to the people of Northern Wisconsin, we deliver superior community college education that transforms lives, enriches communities, fosters economic development, and expands employment opportunities.

Title: Vision Statement
Number: AP 1.02
Adopted: March 2012
Reviewed: February 2020
Revised:

To be a model college recognized for educational excellence and valued as a vital resource by the people of Northern Wisconsin.

Title: Values
Number: AP 1.03
Adopted: March 2012
Reviewed: February 2020
Revised:

• We believe in the worth and dignity of the individual, and we therefore commit to treating each person with kindness and respect.
• We honor individual freedom of inquiry and individual and group contributions to governance.
• We value education as a lifelong process.
• We value our students and we strive to empower them to realize their educational goals.
• We value our staff and Board, and we strive to support each other in our common efforts to contribute fully to the success of Nicolet and each other.
• We value our communities and we strive to enrich them by being responsive to their needs through partnerships.

Title: Core Abilities   
Number: AP 1.05
Adopted: March 2012
Reviewed: February 2020
Revised:

Nicolet College has identified a set of core abilities central to the future success of our students.  Core abilities are incorporated into educational programs to enhance student development.  Similarly, our employees are expected to develop and demonstrate these abilities and behaviors in their daily work and their interactions with others.

Apply Mathematic, Scientific, Artistic, and Technological Concepts

Success as a member of our complex society requires proficient application of mathematical, scientific, artistic, and technological skills.

Build Community

Success in building communities requires teamwork, social awareness, and civic engagement which enhance the full range of human relationships at the local, national, and global levels.

Communicate Effectively

Success as a communicator requires comprehensive application of language and visual arts skills across multiple settings to engage multiple audiences.

Embrace Lifelong Learning

Success as a lifelong learner requires a committed pursuit of professional and personal development to navigate change over a lifetime.

Live Ethically

Success in ethical living requires rational reflection on behavior that leads a person to make principled and sustainable decisions.

Think Critically and Creatively

Success as a critical and creative thinker requires independent and rigorous reasoning that leads to informed decisions, innovation, and personal empowerment.

Title: Student Code of Conduct and Grievance Procedures 
Number: AP 1.06
Adopted: August 2012
Reviewed: August 2020
Revised: August 2020

Jurisdiction Over Student Conduct
Students at Nicolet College are annually provided an electronic copy of, and access to the Student Code of Conduct.  Students are responsible for reading and agreeing to abide by the provisions of the Student Code of Conduct and the authority of the student conduct process.  The Student Code of Conduct and the student conduct process apply to the conduct of individual students and College-affiliated student organizations.  Said conduct will be measured against the preponderance of evidence standard (more likely than not; see the glossary for more information) to determine if a violation of the Student Code of Conduct has occurred.

Because the Student Code of Conduct is based on shared values, it establishes a set of expectations for the Nicolet College student, no matter where or when their conduct may take place (e.g. Study Abroad).  Therefore, the Student Code of Conduct will apply to behaviors that take place on campus, at College-sponsored events, and may also apply off-campus, when the College determines that the off-campus conduct affects a substantial College interest.  A substantial College interest is defined to include:

A. Incidents that constitute a criminal offense as defined by Federal or Wisconsin State law.  This includes first time and repeat violations of any local, state, or federal law.

B. Incidents where it appears the student may present a danger or threat to the health or safety of themselves or others.

C. Incidents that significantly infringe upon the rights, property of self or others, or significantly breaches the peace, and/or causes social disruption.

D. Any situation that is harmful to the educational interests of the College.

The Student Code of Conduct may be applied to conduct that takes place during the time a person is enrolled as a student, including all College breaks and between semesters.  Further, the Student Code of Conduct applies to guests and community members; hosts may be held accountable for the misconduct of their guests.  Visitors to and guests of Nicolet College are also protected by the Student Code of Conduct and may initiate grievances for violations of the Student Code of Conduct committed by members of the Nicolet College community against them.

Nicolet College may also extend its jurisdiction to misconduct that occurs prior to, but is not reported until after, graduation of the offending student.  Any such misconduct will not subject the violator to normal conduct proceedings but will subject them to special proceedings with the possible outcome of revocation of a degree.

Explanation of Policies and Definitions
This Student Code of Conduct (Code) and College policies are provided to give students general notice of conduct expectations.  This Code and College policies are not intended to define misconduct comprehensively. 

Inherent Authority
Students are expected to comply with requests from College officials.  Communications from the College to the students will be delivered via the student’s nicoletcollege.edu email address and students are expected to respond without delay to requests, directions, and directives from College officials acting in the performance of their duties. 

Complaints / Reporting / Confidentiality
Any person may file a conduct complaint/report with Nicolet College, orally or in writing about a student, student group, and/or organization suspected of violating this Code or College policy.  Person making such complaints will normally be expected to cooperate with the investigating Conduct Officer. 

1. Filing of complaints:  Any member of the College community, including guests and visitors, may file a complaint against a student alleging a violation of the Student Code of Conduct.  At the request of any guest, visitor, student, faculty, or staff member, or acting independently, the College may file a complaint against any student according to the standards established by the Student Code of Conduct alleging a violation of the Code.
2. How to file the complaint

Reports can be made in two different ways:

1. Confidential: Reports submitted confidentially may not have enough information for the College to formally investigate an incident.  In cases with sufficient information or multiple reports, the College may move forward as the “Complainant” with or without a cooperating witness.  Reports submitted confidentially but without enough information will be used for statistics and tracking purposes only.
2. Non-Confidential: Reports submitted non-confidentially will be reviewed by conduct personnel to determine if a violation of the Code of Conduct may have taken place.  During this process, the investigating Conduct Officer may ask the individual who submitted the report to provide additional information or details.
3. Confidentiality: Cases involving discrimination and especially sexual harassment are particularly sensitive and demand special attention to issues of confidentiality.  Dissemination of information relating to the case should be limited to individuals who have a legitimate need to know or who have information relevant to the investigation in order that the privacy of all individuals involved is safeguarded to the extent practicable under the circumstances.

Every effort should be made to protect members of the College community so that they may report incidents, especially incidents involving acts of discrimination and sexual harassment, without fear of reprisal or retaliatory action. Confidentiality will be respected insofar as it does not interfere with the College’s obligation to investigate allegations of misconduct and to take corrective action where appropriate.  College employees and students are encouraged to comply with requests to provide statements during an investigation.  If a College employee or student chooses not to comply with these requests, the investigation and resulting decisions will still proceed without the benefit of their input. 

Applicability of Code/Focus of Investigation

A. This Code does not apply to any admission decision.

B. The focus of the investigation in student conduct proceedings is to determine whether students accused of violating this Code or College policy are “responsible” or “not responsible” as alleged and to assign any applicable sanctions. 

C. Should a student withdraw from the College with a pending conduct complaint, it is the typical practice of the College to pursue investigation and resolution of the campus complaint, regardless of the fact that the student has withdrawn.  If the student is found responsible for violation of the Student Code of Conduct, a hold will be placed on the student, restricting the ability of the student to re-enroll until all sanctions have been satisfied.

Violations of Law
Allegations of violations of federal, state, and local laws are incorporated as offenses under the Student Code of Conduct.  Any offense for which the College has jurisdiction, the College conduct process will usually go forward notwithstanding any criminal charges that may arise from the same incident.  College proceedings will not be subject to challenge because criminal charges involving the same incident have been dismissed or reduced. Double jeopardy does not exist for a student undergoing investigation in a conduct matter and criminal matter stemming from the same incident.

 When a student is accused, arrested, charged, or indicted for a crime committed off-campus, the College may elect to take action for violations of the Student Code of Conduct, under Administrative Policy 1.06, which incorporates violation of local, state, or federal laws as code infractions.

When criminal charges are pending for any felony and/or misdemeanor, the College may be delayed or prevented from conducting its own investigation and from moving forward with a conduct hearing.  In such cases, the College may choose to delay its hearing until it can conduct an internal investigation or obtain from law enforcement sufficient information upon which to proceed.  The College will notify the student of these situations and let them know when the conduct process will begin and all deadlines will be as of that date.

In cases that fall within the protections of Title IX as sex or gender discrimination, delays can be granted but for not longer than 10-14 days to allow for law enforcement evidence gathering. The College process cannot be delayed beyond the above time frame unless all parties agree because the evidence gathering phase by law enforcement extends beyond the timeframe identified above.

Nicolet College may pursue enforcement of its own rules whether or not legal proceedings are underway or in prospect and may use information from law enforcement agencies, news agencies, and the court to assist in determining whether College rules have been violated.

Conduct Expectations
Student members of the Nicolet College community are expected to uphold and abide by the following set of rules:

Abuse of College Technology:  Misuse of College computing facilities, equipment, network, passwords, accounts, or information.  Students who connect their personal computers (or other technologies) to the campus network will be held responsible for any violation of this policy that originates from that device.  Examples of misuse include:

A. Access, use, inspection, or modification of data or functions that are neither allotted nor authorized as a part of the user’s account nor specified as public domain information;

B. Access, use, inspection, or modification of data that refer to computer utilization, computer access authorization, or security;

C. Abuse or improper use of hardware;

D. Installing or executing unauthorized or unlicensed software on any College owned or operated computer resource;

E. Causing disrupting noise, displaying abusive behavior toward other users, or creating other disturbances in any campus computing area;

F. Sending, displaying, printing, or storing obscene, pornographic, fraudulent, harassing, threatening, racist, or discriminatory images, files, or messages through the College’s network;

G. Access and/or use of another user’s account and the data contained in that account;

H. Theft, destruction, or removal of data or College-owned computer resources;

I.  Unauthorized copying, installation, and/or distributing electronic media by any means;

J. Physical or electronic interference with other computer systems users;

K. Dissemination or distribution of a user account password to any other person;

L.  Use of computing facilities to interfere with the work of another student, faculty member, College official, or the normal operations of the College computing system;

M. Any other practice or user activity that constitutes irresponsible behavior, promotes illegal activities, results in the misuse of computer resources, or jeopardized the operation of computer or network systems.

Academic Misconduct:  Academic misconduct includes, but is not limited to:

• An act in which a student seeks to claim credit for the work or efforts of another without authorization or citation. 
• Uses unauthorized materials or fabricated data in any academic exercise.
• Forges falsifies academic documents or records. 
• Intentionally impedes or damages the academic work of others.
• Cheats on examinations, including the unauthorized use of materials or aids, or use of unauthorized additional time. 
• Violates course rules as contained in the course syllabus or other information provided to the student.
• Violates program policies and/or regulations established by a program and made available to students.

Aiding and Abetting: Action or inaction by someone in complicity with an offender, which encourages or fails to discourage a known and obvious violation of College policy or local, state, or federal law.

Alcohol Use/Abuse:  Use, possession, or distribution of alcoholic beverages, except as expressly permitted by law and the College’s Alcohol Policy. This includes the consumption by those under the age of 21, providing alcohol to those under the age of 21, possession of a common source container (empty or full), and/or participating in “drinking games” that aid in the mass consumption of alcohol, driving under the influence, and public intoxication by persons of any age at College-controlled locations and at College-sponsored events and activities.  Conduct Officers reserve the right to hold students who acted in the best interest of the health and welfare of another student (i.e., getting medical attention for a student incapacitated by alcohol or other drugs) not responsible in alcohol use cases, even when there is evidence that they may have also been violating the policy.

Animals/Pets: Unauthorized possession of pets, creatures, or animals within College owned or operated buildings or at College sponsored activities.  See Service Animal Policy for additional information.

Destruction of Property: Intentional reckless, negligent, and/or unauthorized destruction or damage to College property or to the property of another.

Discrimination: Any act or failure to act that is based upon an individual or group's actual or perceived status (sex, gender, race, color, age, creed, national or ethnic origin, physical or mental ability, veteran status, pregnancy status, religion, sexual orientation, or other protected status) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the Nicolet College’s educational program or activities.

Disorderly Conduct: Conduct which motivates and/or is intended to provoke lawless action while on campus or at functions sponsored by or participated in by the College. Conduct which is disorderly, indecent, or lewd while on campus or at functions sponsored by or participated in by the College. Failure to comply with the directions of a College official, law enforcement officers, and emergency personnel during the performance of their duties and/or failure to identify oneself to these persons when requested to do so.

Disruption of College Operations:  Obstruction of teaching, research, administration, safety and security, College activities, or other authorized activities which occur on campus (e.g. conferences, guest speakers, and meetings).  Failure to comply with the directions of a College official.

Drug Use/Abuse: Under the influence and/or use, possession, in the presence of, or distribution of narcotic, other controlled substances, or the use of general products as intoxicants, as well as drug paraphernalia. Abuse and/or misuse of prescription or over-the-counter medication; allowing someone else to abuse and/or misuse your prescriptions, including “distribution” by allowing someone else access to your prescription, whether or not they have a prescription for the medication themselves.

Fire Safety: Violation of state, local, or campus fire policies, failure to evacuate a College-owned or -managed building during a fire alarm, tampering, improper use, misuse, or abuse of College fire safety equipment, unwarranted dispatch of “first responder” and/or fire emergency services, tampering with or improperly engaging a fire alarm in a College building, intentionally, recklessly and/or negligently causing a fire which damages College or personal property or which causes injury to any member of the community, intentionally causing or ignoring any condition which creates a substantial fire and/or safety risk upon college properties.

Furnishing False Information: Knowingly furnishing or possessing false, falsified, or forged information such as falsification or misuse of documents, accounts, records, identification, verbal, written, or otherwise communicated statements or financial implements.

Harassment: Any unwelcome conduct based on actual or perceived status including: sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the victim and community

Obstruction of Freedom of Movement: Obstruction of freedom of movement by community members of visitors.

Published Policies:  Violations of other published College rules or policies not represented in this Code.

Sexual Misconduct: Including sexual harassment, sexual assault, non-consensual sexual contact, sexual exploitation, and rape.

Stalking: Defined as intentionally or knowingly engaging in a course of conduct directed at or concerning a specific person that would cause a reasonable person to suffer serious inconvenience or emotional distress, to fear bodily injury or to fear bodily injury to a close relation, to fear death or to fear the death of a close relation, to fear damage or destruction to or tampering with property, or to fear injury to or the death of an animal owned by or in the possession and control of that specific person.

Student Conduct Process Violation:  Falsification, distortion, or misrepresentation of information. Failure to provide, destroying, or hiding information during an investigation. Discouraging an individual’s proper participation in or use of the student conduct system. Harassment (verbal or physical) and/or intimidation of a member of a student conduct body prior to, during, and/or after a student conduct proceeding. Failure to comply with the sanction(s) imposed by the student conduct system. Influencing or attempting to influence another person to commit an abuse of the student conduct system. Knowingly or negligently violating the terms of any student conduct sanction imposed in accordance with this Code. Retaliation against any witness or reporting individuals. Failing to respect the rights of privacy of any member of the College community (e.g. student conduct hearings and records, and other protected student records).

Theft: Knowingly taking possession of stolen property. Intentional theft or unauthorized taking of College property or the property of another.

Tobacco Use: The use of tobacco, smokeless tobacco, and vaping devices is prohibited on College-controlled locations with the exception of personal vehicles.

Trademark: Misuse or unauthorized use of College or College-affiliated organizational names, images, and logos.

Unauthorized Access: Unauthorized possession, duplication, or use of means of access (keys, I.D. cards, permits, etc.) to any College building or service. Misuse of access privileges to College premises or unauthorized entry to or use of buildings or grounds.

Violation of Law:  Actions that violate local, state, tribal, or federal laws.

Violence: Threatening or causing physical harm, actions determined to be of a retaliatory nature, extreme verbal abuse, hazing, or other conduct which threatens or endangers the health or safety of any person.

Weapons Violation: Unlawful possession of firearms, explosives, other weapons, or dangerous chemicals on campus. 

Possible Sanctions

One or more of the following sanctions may be imposed for violations of this code or College policy:

A. Degree Revocation: Students who are expelled post-graduation are subject to having their degree revoked.  They lose the right to claim graduation from Nicolet College or to hold themselves out as graduates.  Notations will be indicated on their transcript accordingly.  Students who are suspended post-graduation are subject to having their diploma and/or degree withheld until the suspension is complete.  These proceedings will only be convened if the offense alleged would have subjected the violator to suspension or expulsion if reported prior to graduation.

B. Expulsion: Permanent separation of the student from the College.  A notation will appear on the student’s transcript.  Expelled students may also be barred from the College premises and College sponsored events.

C. Suspension: Separation of the student from the College for a specific time.  A notation of suspension will appear on the student’s transcript.  Formal re-application to the College also may be required following completion of the suspension period.  The meeting of certain requirements may also accompany the suspension, and any readmission can be conditioned on the satisfactory completion and proof of completion of those requirements.

D. Conduct Probation: Conduct probation is a final and formal warning status issued by the College to the student. Further violations of the Code resulting in a finding of “responsible” will result in suspension or expulsion unless mitigating circumstances or information is identified. Additional restrictions or conditions also may be imposed.

E. Conduct Reprimand: The student is warned that further misconduct may result in more severe sanctions. The reprimand will indicate that continuation or repetition of specific conduct may be grounds for other sanctions.

F. Financial Restitution: The student is required to make payment to the College and/or to other persons, groups, or organizations for damage incurred as a result of a violation of this Code or College policies. Damages will include not only direct costs of items involved but also indirect costs of College personnel involved.

G.  Other Sanctions: Other sanctions may be imposed instead of or in addition to those specified in this Code.  Additional or other sanctions include, but are not limited to:

1. Loss of privileges, consistent with the offense committed such as:

• On-campus dining privileges;
• Restrictions from representing the College or participating in any extracurricular activity;
• On-campus site restriction (e.g. class only).

2. The assignment of projects;

3. Orders of limited or no contact;

4. Imposition of fines for parking violations;

5. Confiscation for a specified time of the property or materials used in a violation, or are in violation of College policy;

6. Recommended sanctions for alcohol, drugs, and/or substance violations may include but are not limited to:

• Warning, reprimand, etc.
• Substance counseling, referral, etc.
• Parent/Guardian notification
• Educational program or project
• Probation (as listed above)
• Suspension (as listed above)
•  Expulsion (as listed above)

7. Statements of Understanding: are signed (or mediated) statements that students will abide by all College rules, and policies or specific practices, with the understanding that violation of any rule, regulation, or agreement will result in further sanctions;

8. Referral to Transitions Counseling, or other outside agency for assessment.

Interim Suspension
The College may suspend a student for an interim period pending conduct proceedings or medical, psychiatric, or psychological evaluation. Such interim suspension becomes effective immediately whenever there is information that the continued presence of a student on College premises or at College sponsored activities poses a substantial threat to self or others, or to the stability and continuity of normal College operations. There may also be circumstances in which it is necessary to invoke an interim suspension in furtherance of an ongoing investigation into a conduct code violation and/or a violation of state law.

 A student suspended on an interim basis will be given the opportunity to appear before the administrator within three business days from the effective date of the interim suspension. An informal conference will be held on the following issues only:

A. The reliability of the information concerning the student’s conduct, including the matter of their identity.

B. The question as to whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on College premises or at College sponsored activities poses a substantial threat to himself, herself, others, or to the stability and continuance of College functions. In any complaints covered by Title IX (sexual misconduct, sexual harassment, stalking, etc.), the complainant will be given the opportunity to address the appropriateness of interim suspension as well.

C. Respondent(s) who fail to appear at this informal conference are in violation of the Student Code of Conduct for failure to comply with the instructions of a College official and will be subject to disciplinary sanctions.

Responding to Harassment Based on Sex under Title IX
Introduction
Nicolet College encourages members of the educational community to report sexual harassment.  This procedure only applies to conduct defined sexual harassment under Title IX and applicable federal regulations and that meet Title IX jurisdictional requirements.  Nicolet College will respond to sexual harassment and sexual misconduct that falls outside that definition and outside the jurisdiction of the Title IX federal regulations using State law and applicable College policies and procedures.  In implementing these procedures discussed below, Nicolet College will also provide supportive measures, training, and resources in compliance with State law, unless they are preempted by the Title IX regulations

Title IX Coordinator

Questions concerning Title IX may be referred to Nicolet College’s Title IX Coordinator whose contact information is below

Kristina Aschenbrenner, Vice President of Administration
Phone: 715.365.4550
Email: kaschenbrenner@nicoletcollege.edu

The Title IX Coordinator is required to respond to reports of sexual harassment or misconduct.  The Title IX Coordinator will handle information received with the utmost discretion and will share information with others on a need-to-know basis.  For example, the Title IX Coordinator may need to address public safety concerns on campus, comply with State and federal legal requirements, or share information to implement supportive measures.

A report of sexual harassment to the Title IX Coordinator does not necessarily lead to a full investigation, as discussed more fully below.  However, the Title IX Coordinator will make an assessment to determine if there is a safety risk to the campus.  If the Title IX Coordinator finds there is a continued risk, the Title IX Coordinator will file the formal complaint without the Complainant's consent or cooperation.

Title IX Harassment Complaints, Investigations, and Hearings

These Title IX sexual harassment procedures and the related policy protects students, employees, applicants for employment, and applicants for admission.

Jurisdictional Requirements – Application of Procedures

These procedures apply if the conduct meets the following three jurisdictional requirements:

• The conduct took place in the United States;
• The conduct took place in an official Nicolet College “education program or activity.”  This includes locations, events, or circumstances over which Nicolet College exercised substantial control over both the Respondent and the context in which the harassment occurred, including on-campus and off-campus property and buildings Nicolet College owns or controls or student organizations officially recognized by Nicolet College own or control.
• The conduct meets the definition of Title IX “sexual harassment.”

Definitions

Advisor:  Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice.  If a Party does not have an Advisor at the time of the hearing, Nicolet College must provide the Party an Advisor of its choice, free of charge.  Nicolet College may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.

Complainant: A Complainant is an individual who alleges he/she/they is the victim of conduct that could constitute sexual harassment.

Consent: “Consent”, as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Persons suffering from a mental illness or defect which impairs capacity to appraise personal conduct, and/or a person who is unconscious or for any reason physically unable to communicate unwillingness to an act are presumed to be incapable of consent.

Decision-Maker:  The person, or group of people, who will oversee the live hearing and make a determination of responsibility. Nicolet College may choose to have one Decision-Maker determine whether the Respondent is responsible and another Decision-Maker determine the appropriate level of penalty for the conduct. The Decision-Maker cannot be the Title IX Coordinator or the investigator.

Formal Complaint:  A written complaint signed by the Complainant or Title IX Coordinator, alleging sexual harassment and requesting an investigation.  If the Title IX Coordinator signs the formal complaint, he/she/they will not become a Party to the complaint.

Parties:  As used in this procedure, this means the Complainant and Respondent.

Respondent:  A Respondent is an individual reported to be the perpetrator of conduct that could constitute sexual harassment.

Sexual Harassment under Title IX:  Conduct that satisfies one or more of the following:

• A Nicolet College employee conditions the provision of an aid, benefit, or service of Nicolet College on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Nicolet College’s education program or activity;
• Sexual assault, including the following:
  • Sex Offenses.  Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
  • Rape (except Statutory Rape).  The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.  There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.
  • Sodomy.  Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
  • Sexual Assault with an Object.  To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.  An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.
  • Fondling.  The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
  • Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse.
    • Incest.  Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape – Non-Forcible.  Sexual intercourse with a person who is under the statutory age of consent.  There is no force or coercion used in Statutory Rape; the act is not an attack.
  • Dating violence.  Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of a relationship will be determined based on a consideration of the following factors:  the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
  • Domestic Violence.  Violence committed:
    • By a current or former spouse or intimate partner of the victim;
    • By a person with whom the victim shares a child in common;
    • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
    • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of Wisconsin or
    • By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of Wisconsin.
  • Stalking.  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her/their safety or the safety of others or suffer substantial emotional distress.

Reporting Options

Any individual may report sexual harassment to Nicolet College’s Title IX Coordinator.

Nicolet College strongly encourages prompt reporting of sexual harassment.  Prompt reporting allows for the collection and preservation of evidence, including physical evidence, digital media, and witness statements.  A delay may limit the College’s ability to effectively investigate and respond.

Individuals have the opportunity to decide whether they want to pursue a formal Title IX complaint. Reporting sexual harassment to the Title IX Coordinator does not automatically initiate an investigation under these procedures.  A report allows the College to provide a wide variety of support and resources to impacted individuals and to prevent the reoccurrence of the conduct.  A Complainant or the Title IX Coordinator filing a formal complaint will initiate an investigation.

If there are parallel criminal and Title IX investigations, Nicolet College will cooperate with the external law enforcement agency and will coordinate to ensure that the Title IX process does not hinder legal process or proceedings.

The College will document reports of sexual harassment in compliance with the Clery Act, a federal law requiring data collection of crime within the campus geography.  Under the Clery Act, the College does not document personal information; the College reports the type of conduct, and the time, date, and location.

Nicolet College Employees and Officials with Authority

Nicolet College Officials with Authority are not confidential resources and are required to report allegations of sexual harassment to the Title IX Coordinator promptly.  All other employees are encouraged to report allegations to the Title IX Coordinator but are not required to do so.

Officials with Authority are required to report all relevant information they know about sexual harassment including the name of the Respondent, the Complainant, any other witnesses, and the date, time, and location of the alleged incident.

Intake and Processing of Report

Receipt of Report

After receiving a report of sexual harassment, the Title IX Officer will contact the Complainant and reporting party to explain rights under this policy and procedure and invite the Complainant to an in-person meeting.  The Title IX Officer will discuss supportive measures with the Parties.

Timeframe for Reporting

To promote timely and effective review, Nicolet College strongly encourages individuals to report sexual harassment as soon possible because a delay in reporting may affect the ability to collect relevant evidence and may affect remedies the College can offer.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered free of charge to the Complainant or the Respondent regardless of whether a formal complaint has been filed.  Nicolet College will provide the Complainant and Respondent with supportive measures as appropriate and as reasonably available to restore or preserve equal access to the College’s education program or activities.  These measures are designed to protect the safety of all Parties, protect the College’s educational environment, or deter sexual harassment.  The College will provide supportive measures on a confidential basis and will only make disclosures to those with a need to know to enable the College to provide the service.  Supportive measures may include counseling, extensions of deadlines, other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Removal of Respondent Pending Final Determination

Upon receiving a report regarding sexual harassment, the Title IX Coordinator will make an immediate assessment concerning the health and safety of the Complainant and campus community as a whole.  Nicolet College has the right to order emergency removal of a Respondent, or if the Respondent is an employee, place the employee on administrative leave.

Emergency Removal

Nicolet College may remove a non-employee Respondent from the College’s education program or activity on an emergency basis after it conducts an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal.

The College may not use emergency removal to address a Respondent’s threat of obstructing the sexual harassment investigation or destroying relevant evidence.  Emergency removal is only available to address health or safety risks against individuals arising out of sexual harassment allegations, not to address other forms of misconduct that a Respondent might commit pending the processing of a complaint.

The College’s Risk Manager or Director of Security or designee will conduct the individualized safety and risk analysis.

If it is determined that emergency removal is appropriate, he/she/they or designee will provide the person the College is removing from campus on an emergency basis with a notice and opportunity to attend a meeting and challenge the basis of his/her/their removal.  The Risk Manager or Director of Security or designee will determine whether the emergency removal from campus order is warranted after considering information provided by the Respondent challenging the emergency removal.

Administrative Leave

Nicolet College may place a non-student employee Respondent on administrative leave during the pendency of a grievance process described in the formal complaint process below.  The College will follow any relevant policies, procedures, collective bargaining agreements, or State law in placing an employee on administrative leave.

Formal Complaint Grievance Process

Notice to Parties

Upon receipt of a formal complaint, the Title IX Coordinator will provide the following notice in writing, to the Parties:

• Notice of Nicolet College’s Title IX grievance process;
• Notice of the allegations of alleged sexual harassment with sufficient details known at the time and with sufficient time to prepare a response before any initial interview;
• Statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• Notice that the Parties may have Advisor of their choice, who may be, but is not required to be, an attorney;
• Notice that the Parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a Party or other source; and
• Inform the Parties of any provision in the College’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the College decides to investigate allegations about the Complainant or Respondent that are not included in the notice provided above, the Title IX Coordinator will provide notice in writing of the additional allegations to the Parties.

Dismissal of Formal Complaint

Nicolet College must investigate the allegations in a formal complaint.  However, the College must dismiss the formal complaint and will not process the complaint under these procedures if any of the following three circumstances exist:

• If the conduct alleged in the formal complaint would not constitute Title IX sexual harassment as defined in this procedure;
• If the conduct alleged did not occur in the College’s education program or activity;
• If the conduct alleged did not occur against a person in the United States.

The College has discretion to dismiss a formal complaint or any allegation under the following circumstances:

• If at any time during the investigation or hearing:  a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations;
• If the Respondent is no longer enrolled or employed by the College; or
• If there are specific circumstances that prevent the College from gathering evidence sufficient to reach a determination regarding responsibility as to the formal complaint or allegations.

If the College dismissed the formal complaint or any allegations, the Title IX Coordinator shall simultaneously provide the Parties with written notice of the dismissal and reason.  The College will also notify the Parties of their right to appeal.

The College may commence proceedings under other policies and procedures after dismissing a formal complaint.

Consolidation of Formal Complaints

Nicolet College may, but is not require to, consolidate formal complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Equitable Treatment of the Parties

Nicolet College’s determination of responsibility is a neutral, fact-finding process. The College will treat Complainants and Respondents equitably.  The procedures will apply equally to both Parties.  The College will not discipline a Respondent unless it determines the Respondent was responsible for sexual harassment at the conclusion of the grievance process.

Statement of Presumption of Non-Responsibility

The investigation is a neutral, fact-finding process.  Nicolet College presumes all reports are in good faith.  Further, the College presumes the Respondent is not responsible for the alleged conduct.  The College makes its determination regarding responsibility at the conclusion of the grievance process.

Bias or Conflict of Interest

Nicolet College’s Title IX Coordinator, investigator, Decision-Maker, or any person designated by the College to facilitate an informal resolution process, will not have potential actual bias or conflict of interest in the investigatory, hearing, sanctioning, or appeal process or bias for or against Complainants or Respondents generally.  Actual bias is an articulated prejudice in favor of or against one Party or position; it is not generalized concern about the personal or professional backgrounds, positions, beliefs, or interests of the Decision-Maker in the process.  The College will ensure that the Title IX Coordinator, investigator, Decision-Maker, and facilitator receive training on:

• The definition of sexual harassment in this procedure;
• The scope of the College’s education program or activity;
• How to conduct an investigation;
• The grievance process including conducting hearings, appeals, and informal resolution processes; and
• How to serve impartially, including avoiding: prejudgment of the facts at issue; conflicts of interest; and bias.

Timeline for Completion

Nicolet College will undertake its grievance process promptly and as swiftly as possible.  The College will complete the investigation and its determination regarding responsibility or the informal resolution process within 180 calendar days.

When appropriate, the Title IX Coordinator may determine that good cause exists to extend the 180-calendar day period to conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to accommodate the unavailability of witnesses or delays by the Parties, to account for College breaks or vacations, or due to the complexity of the investigation.  The College will provide notice of this extension to the Complainant and Respondent in writing and include the reason for the delay and anticipated timing of completion.

A Party may request an extension from the Title IX Coordinator in writing by explaining the reason for the delay and the length of the continuance requested.  The Title IX Coordinator will notify the Parties and document the grant or denial of a request for extension or delay as part of the case recordkeeping.

Role of Advisor

The role of the Advisor is to provide support and assistance in understanding and navigating the investigation process.

The Advisor may not testify in or obstruct an interview or disrupt the process.  The Title IX Coordinator has the right to determine what constitutes appropriate behavior of an Advisor and take reasonable steps to ensure compliance with this procedure.

A Party does not have a right to self-representation at the hearing; an Advisor must conduct any cross-examination.  Nicolet College must provide an Advisor of its choice, free of charge to any Party without an Advisor in order to conduct cross-examination.  If an Advisor fails to appear at the hearing, the College will provide an Advisor to appear on behalf of the non-appearing Advisor.  To limit the number of individuals with confidential information about the issues, each Party may identify one Advisor.

Confidentiality Agreements

To protect the privacy of those involved, the Parties and Advisors are required to sign a confidentiality agreement prior to attending an interview or otherwise participating in the College’s grievance process.  The confidentiality agreement restricts dissemination of any of the evidence subject to inspection and review or use of this evidence for any purpose unrelated to the Title IX grievance process.  The confidentiality agreement will not restrict the ability of either Party to discuss the allegations under investigation.

Use of Privileged Information

Nicolet College’s formal complaint procedure does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally-recognized privilege (e.g., attorney-client privilege, doctor-patient privilege, spousal privilege, etc.), unless the person holding the privilege provides voluntary, written consent to waive the privilege.

Investigations

The Title IX Coordinator is responsible to oversee investigations to ensure timely resolution and compliance with Title IX and this procedure.

Both Parties have the right to have an Advisor present at every meeting described in this section.

Trained investigators

Nicolet College will investigate Title IX formal complaints fairly and objectively.  Individuals serving as investigators under this procedure will have adequate training on what constitutes sexual harassment and how the College’s grievance procedures operate.  The College will also ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence and complies with this procedure.

Gathering Evidence and Burden of Proof

Nicolet College, not the Parties, has the responsibility to gather information and interview witnesses.  When the investigator evaluates the evidence, he/she/they will do so using the preponderance of the evidence standard.  After considering all the evidence gathered, the investigator will decide whether it is more likely than not that reported conduct occurred.

Notice of Investigative Interview

Nicolet College will provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a Party whose participation is invited or expected, with sufficient time for the Party to prepare to participate.

Evidence Review

Both Parties have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a Party or other source.

Prior to the investigator preparing an investigative report, the College will send to each Party and the Party’s Advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy.  The Parties will have at least ten days to submit a written response.  The investigator must consider this written response prior to completing the investigative report.

Investigative Report

The results of the investigation of a formal complaint will be set forth in a written report that will include at least all of the following information:

• A description of the circumstances giving rise to the formal complaint;
• A description of the procedural steps taken during the investigation, including all individuals contacted and interviewed;
• A summary of the testimony of each witness the investigator interviewed;
• An analysis of relevant evidence collected during the investigation, including a list of relevant documents;
• A specific finding as to whether the allegations occurred using a preponderance of the evidence standard;
• A table of contents if the report exceeds ten pages; and
• Any other information deemed appropriate by the College.

The investigator will not make a determination regarding responsibility.

The investigator may redact information not directly related to the allegations or privileged information.  However, the investigator will keep a log of information he/she/they do not produce to the Parties.  The investigator will provide this log only to the Title IX Coordinator.  The Title IX Coordinator will not disclose the log to the Parties but will maintain the log in the Title IX Coordinator’s file, in the event it later becomes relevant.

At least ten days prior to a hearing or other time of determination regarding responsibility, the College will send the investigative report to each Party and their Advisors, if any, the investigative report in an electronic format or a hard copy, for review and written response.  The Parties will have at least ten days to submit a written response.

Hearing

After completing an investigation and prior to completing a determination regarding responsibility, the College will hold a live hearing to provide the Complainant and Respondent an opportunity to respond to the evidence gathered before a Decision-Maker.  Neither Party may choose to waive the right to a live hearing, but the Parties can choose whether to participate in the hearing or answer some or all cross-examination questions.

Notice

If Nicolet College proceeds to a hearing, the College will provide all Parties written notice of the date, time, location, participants, and purpose of the hearing with sufficient time for the Party to prepare to participate.

Hearing Format

Nicolet College may provide a live hearing with all Parties physically present in the same geographic location or, at the College’s discretion if either Party requests, the College may provide any or all Parties, witnesses, and other participants the ability to appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other in real time.

Nicolet College will make the information reviewed during the Evidence Review available at the hearing for reference and consultation.  The College will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.

The College will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the Parties for inspection and review.

Decision-Maker

The Decision-Maker will be free from conflict of interest or bias, including bias for or against Complainants or Respondents. In cases where the Complainant or Respondent objects to the Decision-Maker on the basis of a conflict of interest, the Complainant or Respondent may request the Title IX Coordinator select a different Decision-Maker.  The Complainant or Respondent must make this request to the Title IX Coordinator in writing at least five business days prior to the hearing.

The Decision-Maker may ask the Parties and the witnesses questions during the hearing.  The Decision-Maker must objectively evaluate all relevant evidence both inculpatory and exculpatory and must independently reach a determination regarding responsibility without giving deference to the investigative report.  The Decision-Maker must receive training on issues of relevance, how to apply the rape-shield protections for Complainants, and any technology to be used at the hearing.

Presenting Witnesses

Nicolet College will provide the Complainant and Respondent an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.  Witnesses, like Parties, are not required to participate in the live hearing process.

Only relevant evidence will be admissible during the hearing.  Relevant evidence means evidence, including evidence relevant to the credibility of a Party or witness, having any tendency in reason to prove or disprove any disputed fact material to the allegations under investigation.

Cross-Examination

Nicolet College will permit each Party’s Advisor to ask the other Party and any witnesses all relevant questions and follow-up questions, including those questions challenging credibility.  The Party’s Advisor must conduct cross-examination directly, orally, and in real time.  A Party may never personally conduct cross-examination.

Advisors may only ask relevant cross-examination and other questions of a Party or witness.  Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Decision-Maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.  The Decision-Maker need not provide a lengthy or complicated explanation in support of a relevance determination.  If a Party or witness disagrees with a relevance determination, that individual has the choice of either (1) abiding by the Decision-Maker’s determination and answering the question or (2) refusing to answer the question.

If a Party or witness does not submit to cross-examination at the live hearing, the Decision-Maker will not rely on any statement of that Party or witness in reaching a determination regarding responsibility.  A Party or witness may also decline to answer a question, and the Decision-Maker cannot rely on any statement on which that Party or witness has declined to answer cross-examination questions.  A Decision-Maker cannot draw an inference about the determination regarding responsibility based solely on a Party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Determinations of Responsibility

When the Decision-Maker makes a determination of responsibility or non-responsibility, the Decision-Maker will issue a written determination regarding responsibility, no later than 20 business days after the date that the hearing ends.

When making a determination regarding responsibility, a Decision-Maker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence.  A Decision-Maker may not make credibility determinations based on an individual’s status as a Complainant, Respondent, or witness.  In evaluating the evidence, the Decision-Maker will use the preponderance of the evidence standard.  Thus, after considering all the evidence it has gathered, the College will decide whether it is more likely than not that sexual harassment occurred.

The written determination will include:

• Identification of the allegations potentially constituting Title IX sexual harassment as defined in these procedures;
• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including who conducted the investigation and gave notifications to the Parties.  The determination will also state when, where, and the date the investigator interviewed the Parties and witnesses, conducted site visits, the methods used to gather other evidence.  The procedural section should also discuss the dates and how the Parties were provided the opportunity to review and inspect evidence and the date of any hearings held and who attended the hearing;
• Findings of fact supporting the determination. In making these findings, the Decision-Maker will focus on analyzing the findings of fact that support the determination of responsibility or non-responsibility;
• Conclusions regarding the application of the College’s code of conduct to the facts;
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;
• A statement of, and rationale for, any disciplinary sanctions the College imposes on the Respondent;
• A statement of whether the College will provide the Complainant with remedies designed to restore or preserve equal access to the College’s education program or activity;
• Nicolet College need not disclose to the Respondent remedies that do not affect him/her/them as part of the written determination.  The College can inform the Respondent that it will provide remedies to the Complainant.  However, the College will inform the Complainant of the sanctions against the Respondent;
• The College’s procedures and permissible bases for the Complainant and Respondent to appeal.

The College will provide the written determination to the Parties simultaneously.  The determination regarding responsibility becomes final either on the date that the College provides the Parties with the written determination of the result of the appeal, if the Parties file an appeal, or if the Parties do not file an appeal, the date on which an appeal would no longer be timely.

Disciplinary Sanctions and Remedies

Nicolet College must have completed the grievance procedures (investigation, hearing, and any appeal, if applicable) before the imposing disciplinary sanctions or any other actions that are not supportive measures against a Respondent.  If the Decision-Maker determines the Respondent was responsible for conduct that constitutes sexual harassment, the College will take disciplinary action against the Respondent and any other remedial action it determines to be appropriate.  The action will be prompt, effective, and commensurate with the severity of the offense.

Remedies for the Complainant might include, but are not limited to:

• Providing an escort to ensure that the Complainant can move safely between classes and activities;
• Ensuring that the Complainant and Respondent do not attend the same classes or work in the same work area;
• Providing counseling services or a referral to counseling services;
• Providing academic support services, such as tutoring;
• Arranging for a Complainant, if a student, to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant’s academic record; and
• Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant’s discipline.

Possible disciplinary sanctions for student Respondents include written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion.  Possible disciplinary sanctions for employee Respondents include written or verbal reprimand, required training or counseling, reduction in pay, demotion, suspension, or termination.

Appeal of Dismissal of a Formal Complaint or of the Determination of Responsibility

A Complainant or Respondent may appeal the College’s determination regarding responsibility or the dismissal of a formal complaint or any allegations.  A Complainant or Respondent must submit a written appeal within 10 days from the date of the notice of determination regarding responsibility or from the date of the College’s notice of dismissal of a formal complaint or any allegations.

Grounds for Appeal

In filing an appeal of the College’s determination regarding responsibility or the College’s dismissal of a formal complaint, the Party must state the grounds for appeal and a statement of facts supporting those grounds.  The grounds for appeal are as follows:

• A procedural irregularity affected the outcome;
• New evidence was not reasonably available at the time the College’s determination regarding responsibility or dismissal was made, and this new evidence could affect the outcome; or
• The College’s Title IX Coordinator, investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome.

Appeal Procedure

If the Complainant or Respondent submit an appeal to the College, the College will:

• Notify the other Party in writing within 5 days of receiving a Party’s appeal;
• Allow the non-appealing Parties at least 10 days from the date of receipt of the appeal to submit a written statement in support of, or challenging, the outcome;

The appeal Decision-Maker will issue a written decision on whether to grant or deny the appeal, and the rationale for the decision, 45 business days after the Decision-Maker on appeal receives the response to the appeal or the last day to provide a response.  The College will provide the written decision simultaneously to both Parties.

The Decision-Maker on appeal may extend or otherwise modify the deadlines provided above.  Either Party may seek an extension by submitting a written request to the appeal Decision-Maker explaining the need for the extension and the proposed length of the extension.  The Decision-Maker will respond to the request within 48 hours in writing and will inform the Parties simultaneously whether the extension is granted.

Informal resolution

If the College determines that a formal complaint is appropriate for informal resolution, it may provide the Parties with the opportunity to participate in an informal resolution process, including mediation, at any time prior to reaching a determination regarding responsibility.

The College will provide the Complainant and Respondent written disclosure of the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the Parties from resuming a formal complaint arising from the same allegations, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

The College must obtain the Parties’ voluntary, written consent to the informal resolution process.  If the Parties reach an agreement, the College does not have to complete a full investigation and adjudication of a report of sexual harassment.  At any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

The informal resolution process is not available to resolve allegations that an employee sexually harassed a student.

Retaliation Prohibited

Nicolet College prohibits any intimidation, threats, coercion, or discrimination against any individual who made a report or complaint of sexual harassment, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation, proceeding, or hearing.  Individuals who experience retaliation may file a complaint using the formal complaint process described above.

Dissemination of Policy and Procedures

Nicolet College will provide its policy and procedures related to Title IX on its website and in each handbook or catalog provided to applicants for admission and employment, students, and employees.

When hired, employees are required to sign acknowledging that they have received the policy and procedures.  The College will place the signed acknowledgment of receipt in each employee’s personnel file.

Training

Nicolet College will provide training to Title IX Coordinators, investigators, Decision-Makers, and any individual who facilitates an informal resolution process, on the definition of sexual harassment, the scope of the College’s education program or activities, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias.  Any materials used to train the College’s Title IX Coordinator, investigators, Decision-Makers, and any person who facilitates an informal resolution process, will not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

File Retention

Nicolet College will retain on file for a period of at least seven years after closing the case copies of:

• The original report or complaint;
• Any actions taken in response to the complaint, including supportive measures;
• The investigative report including all evidence gathered and any responses from the Parties;
• The College’s determination regarding responsibility;
• Audio or audiovisual recording or transcript from a hearing;
• Records of any disciplinary sanctions imposed on the Respondent;
• Records of any remedies provided to the Complainant;
• Any appeal and the result;
• Any informal resolution and the result; and
• All materials used to train Title IX Coordinators, investigators, Decision-Makers, and any person who facilitates an informal resolution process.  The College will make these training materials publicly available on its website.

Nicolet College will make these documents available to the U.S. Department of Education Office for Civil Rights upon request.

Victim’s Bill Of Rights
In accordance with Violence Against Women Act Pub. Law 113-4 and the Higher Education Act of 1965 as amended 20 USC 1092 (The Jeanne Clery Act) Nicolet College has adopted the following Victim’s Bill of Rights.

All Nicolet College community members have the right to:

A. Make a report to local law enforcement and/or state police; have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.

B. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution.

C. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.

D. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available.

E. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.

F. Describe the incident to as few institution representatives as practicable and not be required description of the incident.

G. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.

H. Have access to at least one level of appeal of a determination.

I.  Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process, including during all meetings and hearings related to such process. 

J.  Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Student Conduct and Administrative Hearing Process
Complaints of a violation of College policy and the Student Code of Conduct may be referred to a Student Conduct or Administrative Hearing.  Conduct Officers will hear each case and measure an individual’s level of responsibility via the preponderance of the evidence.  This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not the amount of evidence.   The Conduct Officers for an Administrative Hearing will be the Director of Business Intelligence, Director of Risk, Compliance, and Security, or an assigned appropriate designee.  A Respondent may bring written statements and information, as well as material witnesses. Failure to appear at the assigned time without reasonable notice will result in the matter being heard without the benefit of the Respondent’s testimony.

Notice of a student conduct or administrative hearing is emailed to the student with a scheduled hearing at least three business days after the notification is sent.  Hearings will be closed to the public except for the respondent, witnesses, and the respondent’s advisor of choice.  A respondent’s advisor of choice has the role of supporting the student, but is not an active member of the hearing.  This means they are able to be present and talk to the respondent directly, but will not be offered the floor to speak to the hearing office or hearing body.  The notice of hearing will include the reason for the meeting, including the date and location of the incident, if applicable, as well as potential charges the student may be facing.  The list of potential charges may be expanded during the meeting, if deemed appropriate by the hearing officer. 

At the initial hearing the student will be provided a copy of the incident report and have the opportunity to review the report prior to answering questions related to the matter.  The student may at any time accept responsibility for the charges in question. 

After the hearing concludes, the hearing officer will determine if the student is being held responsible for any policy violations within 5 business days and send an outcome letter to the student via the student’s Nicolet College email address.  In cases involving sexual misconduct, the outcome letter will be sent to both the complainant and the respondent.

If the student is found responsible for a policy violation, the outcome letter will state any associated sanctions and applicable due dates.  These dates must be abided by to avoid further policy violations, such as failure to comply with or complete sanctions.

Students have the right to appeal decisions made by the hearing officer, as outlined in the Appeal Process section below.

Appeal Process
A student wishing to appeal a decision made by a hearing officer, has five business days from the date of the outcome letter to do so.  To file an appeal, a student needs to complete the Student Conduct Appeal form found through MyNicolet.

Students have the right to appeal the decision of the hearing officer (being found responsible for a policy violation), the sanction associated with the decision, and/or a due process violation.  Students may also appeal the decision of a hearing if new evidence is available that was previously unavailable.  In cases of sexual misconduct, the complainant will be notified of the filing of an appeal.

After filing the appeal form, the student will receive a response within three business days as to whether or not the appeal will be heard or if the decision of the hearing officer will stand.

If a hearing is granted, the student will receive an Appeal Hearing Notification via their Nicolet College email.  The Appeal Hearing will occur at least three business days after the notification is sent.  In cases of sexual misconduct, the complainant will be notified of the date of the Appeal Hearing.

After the hearing concludes, the appeal officer will determine if the decision and/or sanction from the initial conduct hearing stands within 5 business days and send an outcome letter to the student via the student’s Nicolet College email address.  In cases involving sexual misconduct, the outcome letter will be sent to both the complainant and the respondent.

A student who is still dissatisfied with the outcome or believes that there is a due process violation will be directed to follow the student grievance process. 

Appeals Concerning Matters of Sexual Misconduct
Either party may submit a written request for an appeal to the Director of Business Intelligence.  In the request, the party must identify the specific grounds upon which the appeal is based and must provide all of the details the appealing party wants considered in support of the appeal.  The Director of Business Intelligence will convene an appeal within five (5) business days of receiving the appeal request.

Where an appeal is requested by the Respondent, the Complainant will be provided with a copy of the Respondent’s appeal and invited to respond.  Where an appeal is requested by the Complainant, the Respondent will be provided with a copy of the Complainant’s appeal and invited to respond.  However, in either case, the Appeals Officer will review the appeal statement to determine whether the information contained therein is relevant and material to the determination of the appeal and, in general, the Appeals Officer may redact information that is irrelevant, more prejudicial to a party or witness than probative, an unwarranted invasion of an individual’s privacy, or immaterial.  The Appeals Officer may also redact statements of personal opinions rather than direct observations or reasonable inferences from the facts, and statements as to general reputation for any character trait, including honesty.

Within three (3) days of an appeal being filed, the Appeals Officer will schedule a meeting for consideration and disposition of the appeal. The Appeals Officer will be given access to the investigation materials that were made available to the initial Conduct Officer.  In considering the appeal, the Appeals Officer may request additional information.  Normally, the parties will not appear before the Appeals Officer, though they may be summoned at the discretion of the Appeals Officer.

The Appeals Officer may:

A.   Uphold the original decision;

B.   Remand the matter back to the original hearing body.  The Appeals Officer may (but is not required to) take this action when there is a procedural irregularity that could be corrected in a review of the presentation of previously unavailable relevant information that could significantly impact the result of the original hearing body’s determination;

C.   Remand the matter to the original Conduct Officer with a recommendation that the penalty be modified, together with an explanation of why the original penalty is deemed inappropriate; or

D.   Remand the matter to an ad hoc review panel composed of authorized individuals not previously involved in the matter.  This will be done only in extraordinary cases when, in the consideration opinion of the Appeals Officer, the matter would be best addressed by a newly-constituted body.

Any determination made following a remand of a matter is subject to the Appeals Officer utilizing this same process.  In that case, the Appeals Officer may then issue a final determination on the matter.

If there is a conflict of interest, a new Conduct Officer will be appointed as the Appeals Officer.  The assigned Appeals Officer concerned of a conflict of interest will provide the Director of Business Intelligence with written notice of their decision, including grounds for the decision, within no fewer than 48 hours of the schedule appeal.

A record of the appeal will consist of the letter of appeal; any written statements from the parties, and the written decision that acceptable grounds for any appeal were not asserted (if that is the case), and the outcome of the appeal.  This record will be appended to the written record of the original decision and will be kept with it as part of the case file maintained by the Director of Risk, Compliance, and Security.

Decisions of the Appeals Officers are final.  A student who is still dissatisfied with the outcome or believes that there is a due process violation will be directed to follow the student grievance process. 
 

Access to Information and Records

A.  All information pertaining to investigations and hearing proceedings may be shared only with College employees who have a legitimate educational interest in the information.

B. Students who wish to review and examine their files in the Student Conduct Office may do so in accordance with the Family Educational Rights and Privacy Act of 1974, as amended.  Students must submit a request at least 24 hours in advance.

C. Any student who harms him/herself or others, resulting in a medical or emergency, should expect that their parents or whoever is listed on the College’s emergency notification form may be contacted without permission from the students.

D. Complainants(s) of any crime of violence will be given written simultaneous notice of the outcome and any sanctions resulting from the complaint they filed.

E. Parental Notification: The College believes that parental involvement can be vital to student success.  Therefore, Nicolet College may speak to parents or guardians to discuss impending or completed conduct actions, to the extent permitted by law:

1. Notification may be made to parents of any student who is a dependent, regardless of age.

2. Notification may be made to the parents/guardians of students who have violated polices that are “crimes of violence”.

3. Notification may be made to parents/guardians of students who are under age 21 when those students have committed violations of the College’s Alcohol and Drug Policies.

4. Notification may be made to parents/guardians whenever their student faces an emergency health and/or safety risk.

In the enforcement of this code, the College’s student conduct system functions in an administrative manner. The College's administrative process promotes fundamental fairness but does not follow the traditional common law adversarial method of a court of law, nor should the College’s student judicial process be considered an extension of a court of law.

Grievance Procedure for Nicolet College Students
When students disagrees with how something was handled by an employee of the institution, they are encouraged to first speak with that employee to try to rectify the situation.  There are times that the situation might not be resolved and in those circumstances, students have the right, using the Grievance Procedure for Nicolet College Students, to:

A.  Contest a policy or practice of the College or College employee that is considered improper or unfair, or;

B.  Contest situations where there has been deviation from or misapplication of a policy or practice unrelated to discrimination. 

For the purposes of this procedure, days are defined as Monday through Friday when the College is open for business.  Weekends, holidays, and the days when the College is closed are excluded.

The following link will open a window that leads to the Grievance Form: https://publicdocs.maxient.com/reportingform.php?NicoletCollege&layout_id=2

Grievance Procedure
For all Grievance Procedures, Nicolet College, in accordance with Federal requirement  34 CFR Ch. VI 602.16 (a)(1)(ix), will create a record of the student’s grievance and add it to a log of student grievances.  The log will be maintained and updated through the remainder of the process.

Students choosing to file a grievance will have a Nicolet College employee familiar with the process assigned to them as a navigator to help them understand and work through the process. 

1. If a student has not been able to informally resolve an issue with the appropriate College employee, the student must initiate this grievance procedure within ten (10) days of the action causing the complaint. 

2. Upon receipt of the Grievance, the College employee’s supervisor will respond to the student within three (3) days of the student initiating the complaint procedure notifying the student of next steps or any information they need to assist them in the decision making process. 

3. Within 10 days of the notification of receipt, the supervisor will make a decision and sent it to the student via their College email address.  

4. The student has the right to file an appeal to the supervisor’s decision and must do so within 10 days of the date the email was sent to the student.

            Students have the right to appeal on the following grounds:

1. They may appeal the sanction (if there was one)
2. They may appeal the decision of the supervisor.
3. They may appeal if there was an instance of a due process violation.

5. The institution will respond within three days to notify the student if the appeal will move forward for one of the above reasons.

6. If the appeal is moving forward, the Executive Vice President or designee will respond with their decision within 10 days to the student’s College email address.

7. Students may appeal a second time within 10 days of the date the email from the first appeal was sent to the student.  Students may appeal for the same reasons that are listed in step four (4). 

8. Within three days, a hearing committee will meet to hear the appeal of the student. 

9. Within ten days of the committee meeting, the committee will make a recommendation to the President on the grounds of the appeal.

10.The President will make their decision and send notification of the decision to the student within three days of the committee making a recommendation.

Timeline Requirements
If the College fails to give a written answer within the designated time frame, the student may immediately proceed to the next step. Failure by the student to meet applicable deadlines may be the basis for dismissal of any grievance. If it is impossible to comply with the time limits specified because of extenuating circumstances, these time limits may be extended by mutual consent in writing.

Wisconsin Technical College System (WTCS) Complaint Process
If a student believes there has been misinterpretation or misapplication of Nicolet policy or procedure, and that such misinterpretation or misapplication falls into one of the three categories listed below, they may file a complaint with the Wisconsin Technical College System office.

Students who attend a college that is part of the WTCS can file complaints at the state level in three categories defined by the United States Department of Education:

A. Complaints that allege violations of Wisconsin consumer protection laws, including but not limited to false advertising;

B.  Complaints that allege violations of Wisconsin laws related to the licensure of postsecondary institutions; or

C.  Complaints relating to the quality of education or other State or accreditation requirements.

A student who reasonably believes that a violation has occurred in one or more of these categories may file a written complaint.  Complaints must be signed by the student and submitted on the official Student Complaint Form, available at: https://www.wtcsystem.edu/student-complaints/

Complaints must be filed within one year from the date of the alleged violation or the last recorded date of attendance, whichever is later.  The WTCS will review complaints only after students attempt to resolve the matter through applicable College appeals or complaint processes.

By signing and submitting a complaint form, the student consents to disclosure by Nicolet College or the WTCS of any protected or confidential information that may be needed to review, investigate, and/or resolve the complaint; this includes referring complaints to another organization with jurisdiction and authority over the issue.  The student also agrees to provide requested information and/or respond to questions about the complaint; failure to provide requested information or respond to questions about the complaint may result in the WTCS dismissing the complaint.

Notice: Under the Wisconsin Public Records Law, Ch. 19, Wis. Stats., any record or document that is part of the complaint review may be subject to disclosure upon request by a member of the public upon conclusion of WTCS action on the complaint, unless specifically exempt under law.

Higher Learning Commission (HLC) Complaint Process
Students, faculty, staff and members of the public may submit a complaint about an HLC-accredited institution directly to the Higher Learning Commission (HLC).  The complaint process is designed to identify substantive problems with an institution’s ability to meet the Criteria for Accreditation.  To file a complaint with HLC, or for questions concerning HLC’s Complaint Process, interested parties are encouraged to visit http://www.hlcommission.org/Student-Resources/complaints.html.

HLC’s process for reviewing and responding to a complaint is as follows:

1.    HLC will acknowledge a compliant within 30 working days of receipt.

2.    A compliant will be forwarded to an intuition for a response only if HLC determines the complaint represents substantive problems with the institution’s ability to meet the Criteria.

3.    The intuition has 30 days to respond to the complaint.

4.    HLC may take up to another 30 days to review an intuitional response to a complaint.

5.    HLC will notify the complainant whether the matter has been closed or if additional actions will be required.

State Authorization Reciprocity Agreement (SARA) Grievances
The State Authorization Reciprocity Agreement (SARA) allows institutions to provide online distance learning to students who reside in other states without having to obtain the state’s authorization.  Institutions must abide by the SARA Terms and Conditions and obtain approval each year to remain a part of SARA.  Part of SARA’s requirements include the creation of a complaint process in accordance with Wis. Stats. Ch. 39.85, et al. This state law provides that any current or former student who is enrolled in an online distance education program with an institution that has been approved to offer distance education programs pursuant to the State Authorization Reciprocity Agreement (SARA) may file a complaint against the institution.  This complaint process shall only apply to the distance education activity of the institution which is conducted across state lines.  No other complaints shall be considered by the Distance Learning Authorization Board (DLAB).  However, other resolution options may be available to the complainant as noted below.

For purposes of this process, a complaint shall be defined as a formal assertion in writing that the terms of this agreement, or of laws, standards or regulations incorporated by the State Authorization Reciprocity Agreements Policies and Standards (SARA Policies and Standards) are being violated by a person, institution, state, agency or other organization or entity operating under the terms of SARA.  If you believe you have a complaint or dispute that fits under the terms of SARA, please complete the online form and submit it within the time frames provided.  There are also FAQs to assist you in answering any questions you may have about the DLAB student complaint process.

The DLAB has jurisdiction to consider only complaints or disputes that include the following criteria and factors:

A. The institution participates in the State Authorization Reciprocity Agreement through the approval of the State of Wisconsin Distance Learning Authorization Board (DLAB) to offer distance education programs out of state; and

B. The complainant has exhausted all internal complaint or grievance options available at the institution and no acceptable outcome was reached; and

C. The complaint relates to an issue, dispute or incident involving the distance education program being offered by the institution which occurred within two (2) calendar years from the date of the alleged violation(s); and

D. One or more of the allegations relate to the complaint:

1. The institution’s distance education program does not meet the state authorization requirements in Section 3 (Institutions and Participation) of the SARA Policy and Standards; or

2. The institution violated Section 4 (Consumer Protection) of the SARA Policy and Standards;            or

3. The institution’s distance education program does not meet any other standards established            by the institution’s accrediting agency or SARA.

 The DLAB has no statutory or lawful authority or responsibility to respond to complaints related to course grades, academic sanctions or discipline/conduct matters in regard to any institution within the State of Wisconsin.

Definitions

A. “Conduct Hearing” means a procedure for resolving complaints conducted by an appointed Nicolet College Conduct Officer.

B. “Code” means the Nicolet College Student Code of Conduct.

C. “Distribution” means sharing, the sale, exchanging, gifting, or giving.

D. “Organization” means a number of persons who are associated with each other and have complied with College requirements for registration as an organization.

E. “Group” means a number of persons who are associated with each other and who have not complied with College requirements for registration as an organization.

F. “College” means Nicolet College.

G. “Recklessness and/or Negligence” means conduct which one should reasonably be expected to know could create a substantial risk or harm to persons or property or would be likely to interfere with normal College operations.

H. “Preponderance of the Evidence” The federally mandated standard of evidence used to determine whether a violation of the Code has been committed. Under the preponderance of the evidence standard, a violation will be determined to have occurred if, based upon the evidence presented, College authorities conclude that it is more likely than not that the violation was committed. The “Preponderance of the Evidence” standard may also be noted or referred to as “More Likely than Not”.

I. “Hearsay Information” is information of a statement other than information stated by a material witness while testifying at the hearing and that is offered to support either the complainant or respondent’s case.

J. “Student” means any person who is currently enrolled and actively engaged in a post-secondary credit course, adult apprenticeship, and/or adult basic education with Nicolet College.

K. “Accused Student” means any student formally accused of violating any policy of the College.

L. “College Premises” means buildings or grounds owned, leased, operated, controlled, or directly supervised by the College.

M. “College Policies” means:

1. Any and all rules and policies set forth by Nicolet College, or any publication regularly distributed to students.

2. Policies, rules, and values regulating student conduct published by Nicolet College.

N. “Sexual Activity” means:

1. Intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts or object, or making another touch you or themselves with or on any of these body parts or object; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

2. Intercourse, meaning vaginal or anal penetration, however slight, by a penis, object, tongue or finger, or oral copulation (mouth to genital contact or genital to mouth contact).

O. “Hazing” means any method of initiation into a student organization/group or any pastime or amusement which threatens, intimidates, causes, or is likely to cause bodily, physical, or emotional harm or injury to any student, employee, or guest of the College as part of a new member process, initiation affiliation or similar activities with respect to the group/organization, regardless of the physical cooperation with or submission to the activities by the victim. Hazing does not refer to customary athletic events or similar contests of competitions.

P.  “Weapon” means any object or substance designed or used to inflict a wound, cause injury, or incapacitate, including but not limited to firearms and ammunition, bows and arrows, BB/pellet/air soft guns, paint guns, or any device capable of projecting an object that is capable of causing serious physical injury or death, knives with blades exceeding 2.5 inches in length.

Q.“College Official” means any employee of the College to whom authority has been delegated by an authorized individual.

R.“Vice President” means the Vice President for Student Affairs or Vice President of Academic Affairs.

S. “Administrator” means the Administrator responsible for Student Conduct (also referred to as the Conduct Officer).

T. “President” means the President of Nicolet College.

U.“Designee” means an administrator assigned by authorized personnel with the granting authority who is responsible for a student conduct matter.

V. “Presiding Officer” means the Presiding Officer of Conduct Hearing.

W. “College Student Conduct System” refers to the system outlined in this Student Code of Conduct.

X. “Advisor” means an individual who offers moral support to the student.  Within the Conduct Hearing process, both the Complainant and the Respondent are entitled at any meeting or other proceeding which is a part of the investigation and at which the Complainant or the Respondent are present to be accompanied by an Advisor of their choice – including an attorney at law.  Such Advisor may be present but may not participate in the meeting or proceeding in any other manner and may not serve as an advocate or spokesperson.

Y. “Procedural Opportunity” means the accused student(s) will have notice of an alleged violation at or before an informal, non-adversarial meeting with the Administrator or designee to respond to any matters pertaining to the complaint filed against them.

Title: General Public Standards of Conduct
Number: AP 1.07
Adopted: August 2012
Reviewed: February 2020
Revised: July 2017

Nicolet College believes in creating and maintaining a learning environment that values academic excellence, institutional integrity, justice, equity, civility, and diversity.  Individuals must conduct themselves in a manner that is compatible with the mission, vision, and values of the College and does not interfere with educational processes or endanger the safety or welfare of other persons. 

All individuals are expected to comply with all College policies and procedures, local, state, federal, and tribal laws.  These standards of conduct apply to all College-controlled locations and College-sponsored activities or events.  Anyone violating the General Public Standards of Conduct may be subject to disciplinary action.  Violation of local ordinances, state or federal law on College premises, or at College-sponsored or supervised activities will be forwarded to local law enforcement authorities.  Sanctions may be imposed for violations of these rules whether or not criminal or civil sanctions are pursued.

For safety and security reasons, the Director of Risk, Compliance, and Security or designee may also temporarily remove individuals from College-controlled locations or activities until a final resolution is reached.

Behavioral misconduct includes, but is not limited to, the following:

1. All forms of dishonesty, furnishing false information to the College, and alteration or use of College documents or instruments of identification with intent to defraud.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other authorized College operations or activities.
3. Verbal abuse, physical abuse, sexual assault, or sexual harassment.
4. Taking or threatening to take action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action, whether intentionally or as a result of reckless conduct or gross negligence.
5. Theft or damage to property.
6. Failure to comply with directions of College officials acting in the performance of their duties.
7. Unauthorized entry into or use of College-owned or -controlled locations.
8. Violation of any College policy.
9. Violation of any local, state, federal, or tribal laws, regulations, or policies while in attendance at College-sponsored or supervised events or committing off-campus violations that adversely affect the College and/or the pursuit of its objectives.
10. Failure to inform College authorities of behavioral misconduct when observed.

To report behavioral misconduct, use the following steps:

1. In an emergency, contact 911.
2. Using the Maxient system, notify the Director of Risk, Compliance, and Security or the Emergency Response Team that behavioral misconduct has occurred. 

Investigation Process

The Director of Risk, Compliance, and Security or designee investigates the misconduct and initiates the appropriate disciplinary process or dismisses it.

Sanctions for behavioral misconduct may include:

The Director of Risk, Compliance, and Security may:

• Provide an oral reprimand;
• Provide a written reprimand;
• Remove individuals from College-controlled locations or activities;
• Permanently ban individuals from College-controlled locations or activities.

Appeal Process

The general public has the right to appeal sanctions by the Director of Risk, Compliance, and Security in writing to the President or designee, who will review the appeal and make a final decision.

Record Keeping

Using Maxient, the Director of Risk, Compliance, and Security will record behavioral misconduct investigations with the Care team.

Title: Nicolet College Faculty Quality Assurance Standards (FQAS)
Number: AP 2.01
Adopted: August 2012
Reviewed: February 2020
Revised: March 2016

The President delegates oversight of the professional development plans for FQAS to the committee and the Managing Director of Strategic Initiatives.

The District Certification Officer (DCO) will provide administrative support for the committee.

Title: Privacy of Records - Release of Information                                                                 
Number: AP 2.02
Adopted: March 1995
Reviewed: April 2020
Revised: April 2020

The Nicolet College policy on record privacy and releasing information follows the directives outlined in the Family Education Rights and Privacy Act (FERPA), the federal law governing the protection of educational records.  FERPA rights begin after the student is accepted at Nicolet College and starts classes.

Only the student may authorize the release of their personally identifiable information (PII) in an education record.  All such authorizations must be in writing.  A fee will be assessed for copying all or a portion of a student record, except those students governed by the provisions of the European Union General Data Protection Regulation (EU GDPR) in which no fee will be assessed.

Notification

Students and stakeholders can find this policy on the website, or may obtain a copy of the policy from the Welcome Center in the Red Oak Center.  Additionally, registered students will be notified of this policy annually via all-student email.

Student Rights Under FERPA

1. Students have a right to inspect and review their own educational records.  The student must submit a signed, written request to the Registrar that identifies the record(s) they wish to inspect.  The Registrar will make arrangements for access within 45 days and notify the student when and where the records may be inspected, except those students governed by the provisions of the EU GDPR in which students will be given electronic access, if requested, within 30 days.  Before being allowed to view the record, the student must present official photo identification.
2. Students have a right to request the amendment of educational records that they believe are inaccurate or misleading.  The student must present a written request to the Registrar, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading.

If the Registrar denies the request to amend the record, the Registrar will notify the student and advise them of their right to appeal the decision using the Complaint and Grievance Procedure for Nicolet College Students, in AP 1.06 Student Code of Conduct and Grievance Procedure.

3. Students have a right to grant written consent to disclosures of personally identifiable information contained in their own education record; FERPA authorizes some disclosures without consent.
4. A record of disclosures will be maintained within a student’s file indicating when information has been released from that file and to whom, except for disclosures for a legitimate educational interest.  Students will not be notified of legally restricted disclosures or disclosures for a legitimate educational interest.
5. Currently active students have the right to restrict the disclosure of Directory Information.  To restrict the disclosure of Directory Information, a student must file a written request with the Registrar.  This request to restrict disclosure of Directory Information will be honored until the student notifies the Registrar, in writing, to the contrary (see section on Directory Information below).
6. Students who suspect a FERPA violation has occurred should contact the Registrar. Students also have a right to file a complaint with the U.S. Department of Education concerning alleged failures of the College to comply with requirements of FERPA.

The name and address of the office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-8520

Phone: (202) 260-3887

Email: FERPA.Customer@ED.Gov

 

EXCEPTIONS UNDER FERPA

Under certain conditions, personally identifiable information can be released without student consent.  These exceptions include:

Directory Information 

The use of the term Directory Information does not mean that the College actually has a document containing Student Directory Information, or that the College has any obligation to produce such a document.  The term Directory Information is a legal term applying to information that the College can release, without student consent, to any third party.  Nicolet does not disclose any directory information for marketing or solicitation purposes, with the sole exception of the Nicolet College Foundation for foundation related activities.

The College has defined Directory Information as the following:

• Name
• Address*
• Phone number*
• Enrollment status
• Date of Birth
• Major field of study
• Classification and year
• Dates of enrollment
• Expected graduation date
• Types of degrees/diplomas/certificates and date granted
• Academic honors/awards received and date granted
• Photos/videos of students for use in College press releases, publications, and web sites
• Nicolet College assigned student email addresses

*Indicates Limited Directory Information

Limited Directory Information

Nicolet designates address and phone numbers as limited directory information only. This information is only eligible for release to Nicolet Area Technical College Foundation for Foundation-related activities and to the National Student Clearinghouse for compliance and reporting purposes.

U.S. Military

According to the Solomon Amendment, the College must release the student’s name, address, phone number, date of birth, class level, degrees received, major, and the most previous educational institution in which the student was enrolled to the U.S. Armed Forces.

Authorized Federal, State, and Local Authorities

Student authorization is not required to disclose PII to an authorized representative of the following individuals or entities:

• The Comptroller General of the United States
• The Secretary of the U.S. Department of Education
• State educational authorities
• Accrediting organizations
• Agencies involving an audit or evaluation of compliance with education programs

Financial Aid

The College may disclose PII from a student’s education record without the student’s consent if the information disclosed is necessary to determine the eligibility for financial aid; determine the amount of the aid; determine the conditions for the aid; and/or enforce the terms and conditions of the aid. The disclosure of PII to Employers, Native American Tribal Education Departments, Division of Vocational Rehabilitation, and the Veterans Administration is permissible as long as the disclosure of PII is in connection with the payment of financial aid funds for which the student has applied or has already received. 

Studies

The College may disclose PII from a student’s education record without the student’s consent to organizations conducting studies for, or on behalf of, Nicolet College.

Other Educational Institutions 

PII can be released to other schools at which the student is dually enrolled, seeks enrollment, or intends to enroll.

Emergency Situations 

PII can be released to law enforcement personnel, emergency personnel, and College officials in an emergency to protect the health or safety of students or other persons.

Legitimate Educational Interest 

Officials of the College who have a legitimate educational interest may have access to student records without obtaining consent from the student.

Officials of the College are defined as:

• persons employed by the College in an administrative, supervisory, academic, research, or support staff position;
• persons serving on College governing bodies; and
• persons employed by or under contract to the College to perform a specific task, such as an attorney, auditor, or collection agent.

An official has a legitimate educational interest if they need to:

• perform duties specified in their job description or under terms of contractual agreement;
• provide campus services related to a student, such as advising, financial aid, or counseling;
• conduct tasks related to a student’s education, campus discipline, and/or security.

Judicial Order

Personally identifiable information must be released to comply with a judicial order or lawfully issued subpoena.  Unless the court (or other issuing agency) has ordered that the existence or the contents of the subpoena or judicial order not be disclosed, the College will make a reasonable effort to notify the student before complying so the student may seek protective action.

Grievance Hearing 

Information about a student or students involved in a grievance investigation may be released to members of the grievance committee, including any students assigned to that committee, if such information applies to the investigation.

Disciplinary Hearing 

The results of a disciplinary hearing may be released to an alleged victim of a crime of violence or a non-forcible sex offense without the permission of the accused.

U.S. Patriot Act

The College must release, without consent or knowledge of the student, personally identifiable information from the student’s education record to the Attorney General of the United States or designee in connection with the investigation or prosecution of terrorism crimes specified in sections 2332b(g)(5)(B) and 2331 of Title 18, U.S. Code.

Title:Admissions Number:                                                                 
Number:AP 2.03
Adopted: March 1995
Reviewed: March 2020
Revised: January 2018

Nicolet College is committed to an open-door admissions policy for all prospective students who meet institutional requirements.  All admissions processes comply with BP 4.02 Anti-Harassment and Nondiscrimination and Wisconsin Technical College System policies and procedures.  For applicants meeting admissions requirements, applications are processed on a first-come, first-served basis.

Admission to Nicolet College is open to individuals who feel they can benefit from the instruction offered.  Individuals who hold a high school diploma, a high school equivalency diploma (HSED), or a General Education Development certificate (GED) are eligible to enroll in post-secondary programs consistent with their ability levels.  Students who do not have a high school diploma, GED certificate, or HSED can enroll in programs designed to help them earn those credentials while attending college classes. Note: Students who do not have a high school diploma, GED certificate, or HSED cannot receive Title IV financial aid.

Nicolet College is approved by the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Service to issue F-1 student visas for attendance by non-immigrant international students.  These students must follow the regular admission process and demonstrate English proficiency to pursue a program.  They must also provide the College with written proof of adequate financial resources available for their period of schooling and proof of a sponsorship before an I-20 form can be issued.

Because students have varied levels of educational preparation and College programs and courses vary widely in levels of difficulty, admissions services are designed to provide the best match for an individual’s abilities, interests, and academic aptitudes.  As part of the matching process, applicants may undergo assessment prior to being accepted into the College or a program.  Although admission to particular programs may require specific prerequisites, such as test score minimums, the College offers services to assist students in developing prerequisite skills.

For more information on the admissions process please refer to the Nicolet College website.

Title: Credit for Prior Learning
Number: AP 2.04
Adopted: January 2005
Reviewed: March 2020
Revised: March 2020

Nicolet College recognizes that prior to enrolling, a student may have acquired some of the skills, knowledge, and competencies included in programs offered by the College. The College will make every effort to ensure students receive appropriate credit for prior learning. At Nicolet, the Transfer of Credit process evaluates credits earned through formal education from an accredited post-secondary institution. The Advanced Standing process lets students seek credit for coursework completed in high school; completion of apprentice-related instruction and Youth Apprenticeships; demonstration of subject-area competency through national examinations or local challenge examinations; military education or experience; and experiential learning, including but not limited to previous work experience, business and industry training, community service, or other life experiences.

Students interested in exploring credit for prior learning should contact Academic Advising or refer to the Nicolet College website for more information.

Transfer of Credit

Nicolet College staff conduct a credit evaluation when students request to transfer credits from a nationally or regionally accredited institution of higher education to a certificate, diploma, or degree program at Nicolet College. The following conditions and stipulations must be met:

1. Students must apply for admission and have official transcripts sent directly to Admissions at Nicolet College.
2. Nicolet will grant transfer credit only for courses that apply to the student’s certificate, diploma, or degree program at Nicolet College.
3. Transfer credits are not used in determining the student’s grade point average at Nicolet College.
4. Only postsecondary credits earned at a nationally or regionally accredited institution of higher education and awarded a minimum 2.0 grade point on a 4.0 scale qualify for transfer.
5. Credits are accepted for transfer when course content is confirmed to be comparable.
6. Time limits shall not restrict the awarding of credit for prior learning unless Nicolet College has documented a specific programmatic reason for time limits.
7. For a student transferring from one Wisconsin Technical College System (WTCS) institution to Nicolet College, credit awarded for courses meeting a general education requirement at one WTCS institution will be honored as fulfilling the same general education requirement at Nicolet College.
8. A student who has earned a postsecondary or professional degree from a nationally or regionally accredited institution of higher education will be granted credits towards fulfilling WTCS associate degree general education core requirements.
9. Students who meet the required general education credits may need to complete some additional general education core courses based on documented program- specific general education requirements.
10. Military education credits will be accepted for transfer in conformity with the recommendations of the American Council on Education.
11. International credits may qualify for credit for prior learning if the international credits are deemed comparable to credits offered by Nicolet College. Students seeking credit for international coursework must provide an official evaluation of academic credentials which has been completed by an approved organization/association.

The Registrar, in conjunction with the appropriate Academic Advisor/Success Coach and program faculty, will conduct the transfer credit evaluation.  Transfer credits do not count toward the minimum number of credits students must earn at Nicolet College (refer to the Maximum Amount of Credit for Prior Learning section of this policy).

Advanced Standing with Credit

Advanced Standing with credit may be granted when it is determined that an individual’s skills and knowledge are equivalent to the competencies in one or more courses in a certificate, diploma, or degree program. Recognition of Advanced Standing is an effort to minimize duplication of competencies attained from previous education, life, or work experience; lessen the cost of duplicative education; and accelerate the achievement of educational goals and credentialing.

A student must be admitted to a certificate, diploma, or degree program at Nicolet College before Advanced Standing will be awarded.  Advanced Standing can be awarded only for required program courses or elective courses that apply toward the student’s designated program of study.

Credits earned through this process do not count toward the minimum number of credits students must earn at Nicolet College (refer to the Maximum Amount of Credit for Prior Learning section of this policy).

Guidelines for the following Advanced Standing options can be obtained from an Academic Advisor or Success Coach or found on Nicolet’s website: military training and experience, national examinations, high school coursework, registered apprenticeships, local challenge examinations, and portfolio assessments.

Maximum Amount of Credit for Prior Learning

Each candidate for a certificate, diploma, or degree must earn a minimum of 25% of the required technical studies, occupational specific, or liberal arts credits through Nicolet College coursework.  These established minimums cannot be met through credit for prior learning.

Fees

There is no fee for evaluating and granting transfer credits, credit for high school articulated coursework, credit for apprenticeships, credit for military training and experience, and credit for national examinations.

Fees do apply for written challenge exams, skill demonstration or performance assessments, and portfolio assessments. Current fees are listed on the Nicolet College website.  Fees must be paid prior to the assessment, and are non-refundable regardless of the outcome of the assessment.

If a student is already enrolled in a course, the Advanced Standing evaluation must be completed during the first 14 calendar days of a standard term, the first 7 calendar days of a standard summer term, or the first 15% of the course hours for courses shorter than a full term. Assessment fees must be paid prior to attempting the assessment.  If credit is granted, the student will be withdrawn from the course with a 100% refund of the course tuition and course fees. Students receiving financial aid should consult with financial aid personnel before beginning the Advanced Standing process, since reducing the number of enrolled credits may have financial aid implications. 

Communication with Students

Evaluation of credits earned from a post-secondary institution will be conducted for all students presenting official transcripts from a post-secondary institution when they meet with their Academic Advisor or Success Coach.

Specific information on the process for applying for Advanced Standing and applicable fees will be available on the Nicolet College website, at the Welcome Center, and from the student’s Academic Advisor/Success Coach or program faculty. Academic Advisors or Success Coaches will encourage students to request credit for prior learning when reviewing their educational goals and achievements, and will assist them with the process.

Communication with Faculty and Staff

Faculty will be aware of credit for prior learning procedures, and will assist students in applying for Advanced Standing, when appropriate.

Changes in Policy

Any changes in the existing policy will go into effect with the start of a future term. This will provide adequate time to communicate policy revisions and allow students to complete Advanced Standing processes initiated prior to the changes going into effect.

Equitable Treatment

Nicolet faculty and staff will take the following steps to ensure equitable treatment of students requesting credit for prior learning:

1. All program students presenting an official transcript from another accredited post-secondary institution will receive a transfer of credit evaluation.
2. There will be widespread availability of policies and procedures for obtaining credit for prior learning as described under the Communication with Students section of this policy.
3. The procedure for initiating and completing the request for Advanced Standing will be streamlined and clear.
4. Faculty, Academic Advisors/Success Coaches, and the Registrar will be readily available to assist students with the process, and to perform the evaluation of transfer and/or Advanced Standing.
5. The appropriate Dean will validate the credit award for Advanced Standing.
6. The Registrar will validate the level and number of credits being awarded.

Appeal Process

Students who believe this policy is improper or unfair, or who wish to contest the application of this policy, should follow the Complaint and Grievance Procedure for Nicolet Students, in AP 1.06 Student Standards of Conduct.

 

Title: Student Active Military Duty
Number: AP 2.05
Adopted: August 2012
Reviewed: March 2020
Revised: April 2020

Nicolet College recognizes the contribution of the U.S. Armed Forces and those who are requested to work during a national or state emergency.  The following procedures have been adopted for students who are called into active service:

1. Upon being notified, students should contact the Nicolet College Registrar who will guide the student through the process.  Students will be asked to provide a copy of their active duty orders.  If the student is unable to provide a copy in person, a parent, spouse, or other individual may submit a copy on their behalf. This may be done either in person, via fax or email, or through the U.S. mail.
2. If the student is activated well into the academic term, they are encouraged to work with instructors individually to decide what to do about the balance of the academic term work. 
3. If the academic term cannot be completed, a formal withdrawal process must be initiated by the student or their representative.  Students must officially withdraw to receive refunds of tuition and fees and may receive failing grades if they do not withdraw. Additionally, students who are receiving GI Bill Education Benefits and do not officially withdraw may be required to reimburse the Veterans' Administration.
4. The College will provide a refund of tuition and fees to the extent possible to students called into active service. Tuition and fee refunds will first be directed to repay Federal financial aid.  The student will then receive a refund check in the mail.
5. The College will provide priority readmission to students who are ordered or inducted into active service. Admission back into the student's program will take place upon the student's request in the next possible academic term, depending upon program and course sequencing.    Furthermore, students who withdraw from all their courses as a result of being called to active military duty, and provide the appropriate documentation, will be readmitted with the same Satisfactory Academic Progress (SAP) standing they had at the beginning of the term during which they withdrew. The withdrawal grades from the term in which the student’s active military duty occurred will not be included in any future SAP calculations.

Title: Student References and External
Employment Opportunities
Number: AP 2.06
Adopted: August 2001
Reviewed: April 2020
Revised: April 2020

When a Nicolet employee gives student references, the Family Educational Rights and Privacy Act (FERPA) of 1974 restricts the release of educational record information about students or graduates.  The College and individual employees may be held liable for releasing unauthorized information about a student.  For further information on FERPA, see AP 2.02 Privacy of Records – Release of Information.

The College must abide by state and federal employment laws; therefore, all students must be offered an opportunity to apply for and compete for jobs announced through the College.

Employees should require students to provide a signed Authorization for Release of Reference Information form prior to releasing any non-directory information about them for a reference. The College has defined Directory Information as:

• name;
• address*;
• phone number*;
• enrollment status;
• date of birth;
• major field of study;
• classification and year;
• dates of enrollment;
• Types of degrees/diplomas/certificates and date granted;
• Academic honors/awards received and date granted;
• photos and videos of students for use in College press releases, publications, and web sites; and
• Nicolet College assigned student email accounts.

*indicates Limited Directory Information as outlined by AP 2.02 Privacy of Records.

The signed Authorization for Release of Reference Information must identify the name of the individual, agency, or employer to whom the disclosure may be made.  The signed document must also indicate that the student is authorizing the college employee to disclose general information about the student’s performance as a student at Nicolet College, and the student’s potential as a future employee.  The college employee should retain the form for a minimum of seven (7) years.

If the student wishes to authorize the release of confidential student information (GPA, transcript, academic progress, registration information, billing information, etc.) to a third party, the student must sign an Authorization for Release of Confidential Information form.  This release of information is to be handled through the Registrar’s Office. 

College employees should direct employers to place all job requests or announcements on Handshake.   This will ensure that job information will be distributed to all students and graduates who are registered with Handshake.  Sharing requests with only select students or graduates is in violation of the law.

College employees must not release information protected by the Wisconsin Fair Employment Act (WFEA), even if the student provides written permission to release any and all information.  The WFEA prohibits releasing the following:

• age;
• ancestry;
• arrest record (a person is considered innocent until convicted);
• color (pigmentation of person’s skin);
• conviction record (conviction record can be considered only when the conviction is substantially related to the specific duties of the job);
• creed (religious affiliations or beliefs);
• disability (includes having a physical or mental impairment, a record of having such an impairment, a perception of having an impairment, or being related to a person who has an impairment);
• genetic testing;
• honesty testing (polygraph);
• marital status;
• military membership (type of discharge or current member of Army Reserve, National Guard, or some other type of military service);
• national origin (birthplace, culture, or linguistic characteristics common to a specific ethnic group, accent);
• pregnancy or childbirth;
• race;
• sex;
• sexual orientation;
• use or non-use of lawful products off the employer’s premises during non-working hours (off-hours use of alcohol, tobacco, caffeine, etc.).

Title: Program Development, Approval, Suspension,
and Discontinuance
Number: AP 2.07
Adopted: August 2012
Reviewed: March 2020
Revised: March 2020

The Nicolet College program approval process will be based on demonstrated need, reasonable cost, and demonstrated outcomes to provide accountability and ensure collaboration among educational providers for the benefit of students and taxpayers.

New Program Development and Approval

New program development will follow the WTCS process outlined in the WTCS Educational Services Manual.  Local Technical Certificates will be developed using similar standards but will not require WTCS system approval.  The Nicolet College President, or delegate, will approve any new programs in accordance with BP 2.10.  The Nicolet College District Board of Trustees will be notified of any new programs developed.

Program Suspension and Discontinuance

Nicolet College continually monitors programs to ensure the programs meet student, transfer, and employer needs.  When a program is no longer effective, the College can either take steps to improve the program, suspend, or discontinue the program. 

Suspension means that the College no longer accepts students into the program, but makes a reasonable effort to assist program enrolled students to develop an alternate completion plan or to set appropriate educational goals.  Discontinuance means that the WTCS Board officially removes the program in accordance with the WTCS Educational Services Manual.

Nicolet College administration will notify the District Board of Trustees whenever a program suspension is proposed.  The notification will include an overview of student support for currently enrolled students and a recommendation on whether an attempt should be made to improve the program or discontinue it.  The College will follow the program suspension and discontinuance process outlined in the WTCS Educational Services Manual.

Title: Advisory Committees
Number: AP 2.08
Adopted: August 2012
Reviewed: July 2020
Revised: July 2020

General Guidelines

The Executive Vice President of Academic and Student Affairs will maintain a list of all advisory committee members, including their names and membership designations. Committees should have a minimum of six (6) members. This list will be updated annually and presented to the District Board of Trustees for informational purposes.

Advisory committee meetings are open meetings and subject to all provisions. Each advisory committee will develop an annual meeting schedule; each scheduled meeting will have an agenda and the minutes from the meeting will be maintained by the Dean, Director, or Associate Dean responsible for the committee.

All files pertaining to program advisory committees will be available for Wisconsin Technical College System (WTCS) Office staff review.

Occupational Program Advisory Committees

Nicolet College will establish advisory committees for each occupational program. The committee’s purpose is to advise the College on how well the program meets workforce needs. The committee can oversee either a single program or multiple programs with a related occupational focus. The membership of multiple-program committees should include individuals who represent all of the targeted occupations.

Advisory committee memberships should include equal representation of employers and employees and be representative of geographic location and racial and gender diversity. Participation on advisory committees by students, representatives of secondary schools, general education instructors, and post-secondary schools is also highly recommended.

Apprenticeship Advisory Committees

State Apprenticeship Trade Advisory Committees appointed by the Bureau of Apprenticeship Standards (BAS) of the Department of Workforce Development (DWD) are officially recognized as advisory to both the BAS and to the WTCS on policy and program matters related to curriculum, related instruction, and delivery service requirements for their trade. For construction trades, local apprenticeship committees appointed by BAS will serve as WTCS District advisory committees. In the case of industrial or service sector programs, multi-trade or multi-program local committees may be established provided that at least one member of the committee is a member of the apprentice trade that is being reviewed. Equal representation of employers and employees, racial and gender diversity, and geographic location of apprentices should be considered in the appointment process.

Collegiate/Liberal Arts Transfer Advisory Committee

Nicolet College will establish an advisory committee to oversee the development and maintenance of the Collegiate/Liberal Arts Transfer program. Membership will include faculty and staff from private/public 2- and 4-year universities and colleges, PK-12 faculty and staff, employers and employees, community members, and students. Racial and gender diversity and geographic location should be considered in the appointment process.

Special Advisory Committees

Nicolet College will establish special advisory committees for adult and continuing education or non-program activities. These special committees have a primary responsibility of providing communications among the constituents. This includes the community, government agencies, educational institutions, and/or businesses and industries they serve.

Title: Educational Services Provided to Individuals with
Education Below the Postsecondary Level
Number: AP 2.09
Adopted: August 2012
Reviewed: March 2020
Revised: March 2020

Nicolet College provides services to individuals with education below the post-secondary level.  Services include dual credit opportunities through transcripted credit, advanced standing credit, Start College Now, and contracted courses; adult high school completion; basic skill instruction for employability and post-secondary transition; and pre-college experiences.  These services are offered to assist individuals to function effectively in society, in the workforce, and in post-secondary education.

High School Dual Credit

The College offers current high school students a range of opportunities to earn college credit while still enrolled in high school:

1. Transcripted Credit: College credit is earned by taking a Nicolet College course at the high school taught by a high school instructor who meets applicable requirements established by the Higher Learning Commission (HLC).
2. Advanced Standing: College credit is earned upon enrollment provided an advanced standing agreement was in place between the high school and Nicolet College while the student was enrolled in a particular course.
3. Start College Now: College credit is earned by the student, who takes a Nicolet College course while currently enrolled in high school.  The high school grants high school credit for the course as well.
4. Contracted Courses (38.14): A contract between the college and the school district that is tailored to meet district needs. The college provides instructor to teach at high school. Tuition is based on courses & services offered.

Pre-College Experiences

Nicolet College offers a variety of pre-college programs for middle and high school students focused on career exploration, skill building, and experiential learning.

Adult Basic Education

Nicolet College provides services to evaluate academic skill levels.  One-on-one and small-group instruction is provided to raise academic performance sufficiently to allow students to succeed in employment and college-level work.

High School Completion Alternatives

The College offers students alternatives for high school completion: High School Equivalency Diploma (HSED) options, General Education Development (GED) certificate, and an alternative high school credit completion program per Ch. 118.15, Wis. Stats. All alternatives meet the requirements of the Wisconsin Department of Public Instruction (DPI).

Administration/Communications

The College has written processes to improve communications with persons inquiring about educational services available for individuals with education below the post-secondary level.  The processes clearly explain the roles and responsibilities of the College, the student, the high school district, or the DPI.  Current copies of these materials will be submitted to the Wisconsin Technical College System (WTCS).

Program Review

Nicolet College will identify factors used in allocating funding for all services provided to individuals with education below the post-secondary level.  Current copies of these materials will be submitted to the WTCS.

 

Title: Campus Security
Number: AP 3.01
Adopted: November 1997
Reviewed: September 2021
Revised: September 2021

Campus Reference Materials
Complete information related to the above-listed areas is contained in the following media:
1. College Safety and Security Resource Guide

This document is compiled annually and contains all of the 20 USC Sec. 1092(F) Clery Act reporting requirements, Section 304 of the Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. Law 113-4), and Family Education Rights and Privacy Act (FERPA) 20 USC Sec.1232(g) notification. The guide is emailed annually to all employees and to students enrolled in credit courses prior to October 1st.
 
2. Annual Cleary Crime Statistics
 
3. Emergency Response Guide
This is a quick reference guide for various emergency situations. The guide is available through digital download https://nicolet-20502.web.app/ .
 
4. Emergency Response Plan
This is a complete detailed document for all emergency responses and business continuity planning. The document is only intended for use by the Emergency Response Team and emergency responding agencies.

Campus Security Authorities

• Members of the Emergency Response Team
• Campus Security Staff
• Student Conduct Committee
• Human Resources Staff
• College Administration

Emergency Contact Number: Police, Fire, and Medical call 911

Non-Emergency Contact Numbers

• Campus Security                                   715-365-4420
• Emergency Response Team                  715-365-4999
• Facilities                                               715-365-4419
• Information Technologies Department    715-365-4478
• Welcome Center                                   715-365-4493
• Woodruff Police Department                  715-356-9424
• Oneida County Sheriff’s Department       715-361-5100

 
Security and Access to Campus Facilities
The College has Campus Security; however, they do not have arrest powers. The security officers have the authority to ask persons for identification and to determine whether individuals have lawful business at the College. College security officers have the authority to issue parking tickets, College tobacco violation tickets, and to enforce College policy.

The College uses local law enforcement agencies that have jurisdiction over the Rhinelander Campus and Outreach Centers to investigate and enforce ordinances and criminal laws. The Oneida County Sheriff’s Department has jurisdiction over the Rhinelander Campus. The Oneida County Sheriff’s Department periodically patrols the Rhinelander Campus.

The College is a non-residential college and therefore does not provide 24-hour security coverage. Facilities and security personnel patrol the grounds of the Rhinelander Campus while the campus is open. College staff regularly check outdoor pathway lighting and egress lighting in hallways and stairwells. Facilities personnel also maintain the Lakeland Outreach Center.

The Rhinelander Campus is accessible to students, staff, and the general public during normal business hours. However, the campus grounds at both locations are open to vehicular and pedestrian access 24 hours a day, seven days a week. The College-controlled buildings are locked when not in use. All buildings on the Rhinelander Campus use a card access system and digital video systems.

The College does not have any officially-recognized student organizations with off-campus locations.
 
Possession, Use, and Sale of Alcohol and Illegal Drugs
As outlined in Alcohol and Drug Use AP 4.05, the College prohibits the unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, including but not limited to alcohol, prescription, and illicit drugs on any College-controlled premise or College-sponsored event. Information on alcohol and drug addiction treatment centers and clinics is available in the College Safety and Security Resource Guide. Sanctions for individuals who violate College policies may include expulsion and/or termination from the College, with referral to local law enforcement for violations of local ordinances and criminal laws.
 
Emergency Response Guide and Evacuation Procedures
Each classroom has a hardcopy or electronic access to an Emergency Response Guide and maps indicating what to do in the event of most emergency situations. This includes shelter locations for severe weather and evacuation routes and staging areas for fire emergencies.

The Emergency Response Guide can also be viewed on the College website. The College holds evacuation and/or shelter in place drills at least once each academic year. The College also conducts safety and security related tabletop exercises in new employee orientations. Please review the Emergency Response Guide regularly to be prepared in the event of an emergency.

Crime Prevention and Security Procedures
The College prohibits domestic violence, dating violence, sexual assault, stalking, and any other criminal activities. Crime prevention, security procedures, and practice information is presented during new student and employee online orientations, and periodically during in-service training. The online new student and employee orientation, the crime prevention and security procedures covered include primary prevention and awareness programs that promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. The orientation includes the following information:

• A statement that the College prohibits these and other criminal offenses
• the definition of the specific offenses listed above;
• the definition of consent, with reference to sexual offenses;
• “safe and positive” options for bystander intervention an individual may take to “prevent harm or intervene” in risky situations;
• recognition of signs of abusive behavior and how to avoid potential attacks; and
• ongoing prevention and awareness campaigns for students and staff on all of the above.

In addition, facilities and security personnel conduct routine inspections and patrol buildings and grounds to identify and correct deficiencies. Being proactive is preferable to being reactive. Crime prevention is based upon the dual concepts of eliminating or minimizing criminal opportunities whenever possible and encouraging students and staff to be responsible for their own security and the security of others. The following is a list of campus crime prevention tactics that may reduce the risk of becoming a victim:

• Walk on established walkways. At night walk on lighted walkways.
• Always lock your vehicle.
• If on campus in the evening, park close to the building in lighted areas and walk with others.
• Items of value left in vehicles should be placed out of sight.
• Never leave items of value unattended.
• Promptly report any suspicious behavior to Campus Security or the Emergency Response Team
• Do not leave keys, access cards, or valuables unattended.
• Always lock doors in unattended office areas.
• Never give out computer passwords.
• When working during non-business hours, inform family and colleagues of your location and schedule.

Recommended security procedures are located in the College Emergency Response Guide.

Sexual Assault
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.

Consent is defined as “words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact”. Minors (under the age of 18), persons suffering from mental illness or defect, and sleeping or unconscious persons are presumed unable to give consent. Failure to resist does not indicate consent. Ch. 940.225(4), Wis. Stats.

Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, sexual assault of a child, incest, fondling, and attempted rape.

Information and resources related to sexual assault can also be found in the College Safety and Security Resource Guide.
 
Sexual Assault Prevention
The College offers the following guidelines to aid in preventing sexual assault. Additional guidance and specific training information can be obtained from the agencies listed in the College Safety and Security Resource Guide.

The following information can also be referenced at The Wisconsin Coalition Against Sexual Assault at http://www.wcasa.org

Rohypnol and GHB are the most commonly referred to as “club drugs” and are the most frequently used in drug-facilitated rapes. The chemicals are often colorless, odorless, and tasteless, and as a result, the victim often unknowingly ingests the chemical after a perpetrator has mixed it into an unattended drink. Therefore, it is strongly suggested that you do not accept beverages that have already been opened. Accept drinks only from service workers such as bartenders, and do not leave your drink unattended.

Please keep in mind that nearly 7 in 10 (70%) of sexual assault victims knew their attacker. It is reported that drugs and alcohol are an important influencing factor in non-stranger (date/acquaintance) rape.

You may be able to reduce your risk by following these recommendations:

• Park and walk in well-lighted areas and follow the other pertinent crime prevention strategies listed under Crime Prevention and Security Procedures outlined above.
• Trust your instincts. If the situation feels uncomfortable, leave immediately.
• Be assertive and expect respect.
• Stay sober. Be aware of date-rape drugs. Do not leave your drink unattended.
• Do not accept food or drinks that are opened or not directly from the server.
• Be cautious when inviting someone into your home or going to someone else’s home.
• Use a buddy system. Always make sure that someone else knows who you are with, where you will be, and when you are expected to return.
• Carry a cell phone and/or have money available for a phone call or transportation to get away if necessary.

Sex Offender Information
In 1997, the State of Wisconsin enacted the Sex Offender Registration and Community Notification Law. The law was created to monitor and track people convicted of sex crimes and to provide access to this information for police, victims, and the general public. Information on registered sex offenders since 1995 in this state can be obtained on the web at http://offender.doc.state.wi.us/public/ or you may call 608-240-5830 between 7:45 a.m. and 4:30 p.m., Monday through Friday.

Stalking Laws
Individuals being stalked on College-controlled premises or at College-sponsored events should notify Campus Security or the ERT. If this action is taking place at an off-site location, it is strongly suggested you involve law enforcement immediately. Stalking is defined in Ch. 940.32, Wis. Stats.  Individuals who have been a victim of stalking and/or have a restraining order against another individual should inform Campus Security. This is especially important if the person who is the object of the restraining order is a student or employee at the College.

Harassment
Harassment and sexual harassment are defined in Board Policy 4.02. The College does not tolerate harassment. Victims of harassment or sexual harassment on College-controlled premises or at College-sponsored events should notify Campus Security. Employees who engage in harassment will be subject to disciplinary action and/or termination. Students who engage in harassment are subject to the Student Code of Conduct and will face disciplinary action up to and including expulsion. Community members engaging in harassment will be turned over to local law enforcement.
 
Wisconsin Victim Rights

• To be treated with fairness, dignity and respect for your privacy.
• To not have personal identifiers including email disclosed or used for a purpose unrelated to the official duties of an agency, employee, or official.
• To be informed of your rights and how to exercise those rights.
• To information regarding the offender's release from custody.
• To be notified of a decision not to prosecute if an arrest has been made.
• To speak with (confer) the prosecutor representative upon your request, about the possible outcome of the case, potential plea agreements and sentencing options.
• To attend court proceedings in the case.
• To be notified of the time, date and place of upcoming court proceedings, if you so request.
• To be provided with a waiting area separate from defense witnesses.
• To a speedy disposition of the criminal case.
• To have your interests considered when the court is deciding to grant a request for a delay (continuance).
• To be notified if charges are dismissed.
• To be accompanied to court by a service representative. This right is limited to specific types of crimes.
• To ask for assistance with your employer if necessary, resulting from court appearances.
• To request an order for, and to be given the results of, testing the offender for sexually transmitted diseases or HIV. This right is limited to specific types of crimes.
• To provide a written or oral victim impact statement concerning the economic, physical and psychological effect of the crime upon you to be considered by the court at sentencing.
• To have the impact of the crime on you included in a presentence investigation.
• To be provided sentencing or dispositional information upon request.
• To restitution as allowed by law.
• To a civil judgment for unpaid restitution.
• To compensation for certain expenses as allowed by law.
• To have your property expeditiously returned when it is no longer needed as evidence.
• To be notified of the offender's eligibility for parole and to have input into the parole making decision.
• To be notified by the Department of Corrections of specific types of releases, escapes or confinements as provided by law.
• To be notified of a pardon application to the governor and to make a written statement regarding the pardon application.
• To contact the Department of Justice about any concerns you may have about your victim rights.
• To apply for a judicial restraining and/or other no-contact orders. The College can assist with the enforcement of these orders.

Sexual Assault Bill of Rights

• Survivors shall be notified of their options to notify law enforcement.
• Alleged victim and alleged offender must have the same opportunity to have others present.
• Both parties shall be informed of the outcome of any disciplinary proceeding.
• Survivors shall be notified of counseling services.
• Survivors shall be notified of options for changing academic situations

Crime Reporting Procedures
The College encourages prompt and accurate reporting of all crimes, assaults, or suspicious behavior. If any offense occurs on a College-controlled premise, during a College-sponsored event, at an off- campus event, or even off-campus, the College recommends that victims immediately report any offense to local law enforcement. Key contact numbers are found in the Emergency Response Guide located in Nicolet College buildings, classrooms, and on the College website. When safe to do so, report the incident to Campus Security or the Emergency Response Team who will take action and issue a timely warning if the perpetrator remains at large while making every effort to not identify the victim.
 
The College crime reporting policy requires all staff to report crimes and/or suspicious behavior to Campus Security, the Emergency Response Team, or law enforcement. When deemed appropriate, college officials will involve local law enforcement agencies. All crime information (including anonymous reports) reported to Campus Security and/or the Emergency Response Team is recorded in the Daily Crime Log. If the crime is deemed to meet a Clery Act Reportable category, it is included in the annual Clery report. All crimes and behavioral violations (student and staff) are recorded and maintained by the Director of Risk, Compliance, and Security.
 
While the College does not have pastoral or professional counselors on staff to work with victims, it can assist students by providing information on various private and public options for such services.
 
Emergency Crime Reporting Procedures
In the event of an emergency call 911 immediately. An emergency situation can be defined as any event that may pose a significant threat to the life, safety, or health of students and/or employees. After contacting authorities, call or contact any College employee. Then, if the situation allows, call the Emergency Response Team. Students should follow the directions of College staff and emergency services personnel during an emergency.
 
Crimes May Be Reported Anonymously
To report a crime and/or dangerous situation anonymously, contact Campus Security or the Emergency Response Team (ERT) and inform them of your wish to remain anonymous.
The College will honor an individual’s request to remain anonymous. This same process can also be followed when making reports to local law enforcement.
 
Fire Safety Report and Missing Student Notification Procedures
The College is a commuter (non-residential) college. Therefore, these statistics and procedures are not collected or in existence. They only apply if a College maintains student housing.
 
Reporting Domestic Violence, Dating Violence, Sexual Assault, Sexual Violence, and Stalking
See AP 3.07 Title IX and Violence Against Women Act/Clery Compliance
 
Timely Warning of Potential Threats
In the event a significant emergency, an ongoing or continuing threat to personal safety, or dangerous situation arises, a timely warning will be issued. The decision to issue a timely warning will be based on information and facts received by the College and if possible verified by outside agencies (law enforcement, Emergency Management, Health Department, National Weather System, etc.). The ERT will determine the content of the notification and when to initiate the notification system. Notification may be delayed when professional judgment of outside emergency response agencies indicates immediate notification would compromise safety and security.
 
In situations that may pose an immediate physical threat to members of the campus community (e.g., murder, severe weather, fire, gas leak). The Emergency Response Team may issue warnings through the College Informacast System RAVE and/or email system to students and employees. Depending on the situation, other notification processes may be used (i.e. Blackboard posting, fire alarms, tornado sirens, and media releases). The Clery Act mandates that, for crimes considered a threat to other students and employees, victims’ names be withheld.
 
The Emergency Response Team may also determine there is a specific segment of students and staff who need notification. This decision will be made in conjunction with the appropriate outside agency. If that is the case, the Emergency Response Team will make a determination of how to best convey that information to the specific segment.
 
Anyone with information warranting a timely warning should report the circumstances to the Emergency Response Team immediately.
 
College Student and Employee Conduct Investigations Related to Domestic Violence, Dating Violence, Sexual Assault, and Stalking (AP 3.07 Title IX and Violence Against Women Act/Clery Compliance)
 
Disclosure of Student Disciplinary Proceedings for Violent Crimes or Non-forcible Sex Offenses
The alleged victim of a crime of violence or a non-forcible sex offense may make a written request for disclosure of the results of any disciplinary hearing conducted by the College against the student who is the alleged perpetrator of the crime or offense.
 
If the alleged victim is deceased as a result of the crime or offense, the next of kin of the alleged victim shall be treated as the alleged victim in relation to disclosure. The College will provide the results of the disciplinary hearing to the alleged victim’s next of kin, if so requested. 
Daily Crime Log
The purpose of the Daily Crime Log is to record criminal incidents and alleged criminal incidents reported to Campus Security. Crime Log entries include all Clery related crimes reported to Campus Security for the required geographic locations. The Daily Crime Log discloses specific information about criminal incidents, not crime statistics. The Daily Crime Log is designed to disclose crime information on a timelier basis than the annual statistical disclosures. The victims' confidentiality will be protected, including record-keeping that excludes personally identifiable information on victims. This includes crimes that are reported directly to Campus Security, as well as crimes that are initially reported to another campus security authority (Emergency Response Team, Security Staff) or to a local law enforcement agency who subsequently reports them to Campus Security.

An entry, an addition to an entry, or a change in the disposition of a complaint is recorded within two business days of the receipt of the information by Campus Security. Updates to the disposition of a crime log entry will not be made if 60 business days have passed from the date of the entry. A business day is Monday through Friday, except for days when the College is closed. The only exceptions to this rule are:
 
·       if the disclosure is prohibited by law; or
·       if the disclosure would jeopardize the confidentiality of the victim.
 
Campus Security may temporarily withhold information if there is clear and convincing evidence that the release of information would:
 
·       jeopardize an ongoing investigation;
·       jeopardize the safety of an individual;
·       cause a suspect to flee or evade detection;
·       result in the destruction of evidence.
 
However, the information will be added to the Daily Crime Log once the adverse effect is no longer likely to occur.
 
The Daily Crime Log is located on the College website on the security page. A hard copy is maintained by the Director of Risk, Compliance and Security located in the Red Oak Center, Room 207C.
 
Annual Clery Crime Statistics
Nicolet College complies with the Jeanne Clery Disclosure Act and prepares an annual report of crimes that have occurred on the Rhinelander Campus and at Outreach Centers. The report can be found on the College website on the security page, or may be obtained from Campus Security. As required by law, the report is also distributed annually to students and staff by October 1st. Campus crime, arrests, and referral statistics include those reported to local law enforcement and to College officials, including anonymous reports. In an effort to obtain the statistics from local law enforcement, Campus Security makes a written request to each local law enforcement agency to obtain a listing of any crimes they had reported to them and/or they had investigated. The reported crimes are also maintained in a Daily Crime Log, which is also located on the College website on the security page.

 

Title: Campus Safety
Number: AP 3.02
Adopted: March 1995
Reviewed: June 2020
Revised: June 2020

The College complies with all federal, state, and local safety, health, and environmental regulations.  The information contained in this policy addresses the protocol for campus safety, health, and environmental issues and includes the following sections:

• Safety and Security Committee
• General Safety Issues
• Bloodborne Pathogens
• First Aid/Medical Emergencies
• Hazardous Materials
• Fire Emergency Procedures
• Severe Weather Warning

Complete information related to the above-listed areas is contained in the following media:

1. Hazard Communication Program

The purpose of the Hazard Communication Program is to inform employees about hazardous substances in the workplace, potential harmful effects of these substances, and appropriate control measures. The primary tools of this program are warning labels, Safety Data Sheets (SDS) and employee training.  Copies of the program are maintained in the Facilities, Security, and Public Safety Departments.

2. Emergency Response Guide

This is a quick reference guide for various emergency situations.  The guide is provided to all employees and can be found in all classrooms.

3. Emergency Response Plan

This is a complete detailed document for specific emergency responses and business continuity planning.  The document is only intended for use by the Emergency Response Team and emergency responding agencies.

Safety and Security Committee

The College has a Safety and Security Committee that reviews and makes recommendations for changes to College policies and procedures related to campus safety and security.  This committee also reviews the maintenance of College facilities to address potential safety and security issues and recommends improvements.

Contact the Safety and Security Committee by calling Campus Security at                715‑365-4420 or Facilities at 715-365-4419.  The Nicolet College Safety Committee consists of the following employees:

• Director of Risk, Compliance, and Security (Co-Chair)
• Dean of Public Safety (Co-Chair, and Campus Safety Officer/Chief Chemical Hygiene Officer)
• Director of Facilities
• Chief Information Officer
• Employee Relations Representative
• Workers Compensation Representative
• Campus OSHA Training Representative
• Chief Chemical Hygiene Officer

 

General Safety Issues

It is every employee’s responsibility to take precautions related to workplace safety.  Any employee who observes potentially hazardous situations must contact their immediate supervisor, the Director of Facilities, or a member of the Nicolet College Safety and Security Committee immediately.

Bloodborne Pathogens

Federal law, as administered by the Occupational Health and Safety Administration (OSHA), mandates the Bloodborne Pathogens Standard to “reduce occupational exposure to Hepatitis B Virus (HBV), Human Immunodeficiency Virus (HIV), and other bloodborne pathogens” that employees may encounter in their workplace.  The complete Bloodborne Pathogen Exposure Control Plan is available in the Library and in the Campus Security Department.

First Aid/Medical Emergencies

Nicolet employees should not diagnose illness or injury or administer medication of any kind.

• Call 911, if needed.
• If 911 is called, notify a member of the Emergency Response Team at 715-375-4999 when safe to do so.
• Inform the Facilities Department at 715-365-4419 if blood or bodily fluids are involved.
• Keep the ill or injured person as comfortable as possible.
• Do not perform any first aid beyond your certified training.
• Do not move a person that has fallen or appears in pain.
• Report any details leading to the injury to responding officers and emergency services.

Employees must wear disposable gloves when rendering first aid where blood or any other body fluids are involved.  Disposable gloves are available in all first aid kits.  CLINI‑TROL trays (body fluid clean-up kits) are available and are located next to the first aid kits.  CLINI-TROL trays must be used to clean up body fluids.  Body fluids should not be cleaned up with paper towels, etc.  All employees are expected to review and follow the procedures outlined in the current Emergency Response Guide.

Hazardous Materials

The Director of Facilities has the overall responsibility for the Hazard Communication Program and the Safety & Security Committee will review the program.  Nicolet College will rely on the hazard determinations indicated on the Safety Data Sheet (SDS) supplied by and/or obtained from manufacturers or importers.  A master list of chemicals will be maintained for all chemicals and products on premises.  The Director of Facilities or designee is responsible for maintenance of this list.

Employees who order chemicals are responsible for obtaining SDS and forwarding a copy to the Director of Facilities or his/her designee when the chemical is received.  If a SDS is not provided by the seller, the employee must immediately report it to the Director of Facilities.  Hazardous chemicals received without the appropriate SDS must not be used until a SDS is obtained from the manufacturer and employees have had sufficient time to review it.

A Hazard Communication Program for Nicolet College has been developed to comply with the OSHA Hazard Communication Standard, 29 CFR 1910.1200 and 29 CFR 1926.59.  This program applies to all work operations of Nicolet College where employees may be exposed to hazardous chemicals under normal working conditions or during emergency situations.

The purpose of the program is to ensure that the hazards of all chemicals at Nicolet College are known and that information concerning these hazards is communicated to potentially affected employees.  Transmittal of the information is to be accomplished by means of employee training programs.  The training programs include, but are not limited to, the contents of the written program, container labeling guidelines (SDS), discussion of the properties of hazardous chemicals handled, safe handling procedures, and protective measure to be taken by employees working with and around these chemicals.  Training and information will be documented and will include the following information:

• The requirements of the Hazard Communication Standard.
• Any operations in work areas where hazardous chemicals are present.
• The location and availability of this program, the chemical inventory list, and SDS.
• Methods and observations that may be used to detect the presence or release of a hazardous material.
• Physical hazards of chemicals (e.g., potential for fire or explosion).
• Health hazards of the chemicals, including signs and symptoms of exposure to chemicals, and any medical condition known to be aggravated by exposure to the chemical.
• Measures employees can take to protect themselves from these hazards (e.g., personal protective equipment required, proper use and maintenance, work practices or methods to assure proper use and handling of chemicals, and procedures for emergency response).
• Work procedures that should be followed to assure protection when cleaning hazardous chemical spills and leaks.
• How to read and interpret the information on both labels and SDS and how employees may obtain additional hazard information.

Retraining will be conducted when the hazards change or when a new hazard is introduced into the workplace or work area.  The Director of Risk, Compliance, and Security is responsible for coordinating with Employee Relations the initial employee training.  The Director of Facilities is responsible for coordinating training for employees when new chemicals are introduced into the work area or whenever there is new information about a chemical presently used in the workplace.

The program or course instructors are responsible for instructing their students about the following aspects of hazardous materials safety for their work area:

• Where the SDS for the chemicals are found in that work area and how to understand them.
• How to read chemical labels.
• How to safely handle the chemicals, including learning about special protection and special precautions.
• Which methods and observations are to be used to detect the presence or release of hazardous chemicals.
• Which first aid procedures to follow.
• Which procedures to follow in the event of a spill.

Contracted service vendors are responsible for hazardous materials and hazard communication training for their employees.

Fire Emergency Procedures

The latest information related to this area can be found in the Emergency Response Guide and the Emergency Response Plan.  All students and employees are expected to review and follow the procedures outlined in the current Emergency Response Guide.

Severe Weather Warning

The latest information related to this area can be found in the Emergency Response Guide and the Emergency Response Plan.  All students and employees are expected to review and follow the procedures outlined on the latest Emergency Response Guide.

 

Title: Tobacco Free Campus
Number: AP 3.03
Adopted: March 1995
Reviewed: June 2020
Revised: June 2020

Nicolet College is a leader in promoting the safety and health of its employees, students, and the general public (including contractors and vendors).  Inherent in this policy is:

• a belief that employees have the right to work and students have the right to learn, in an environment free of the hazards of tobacco products;
• a desire to eliminate exposure to second-hand smoke at building entrances/exits and to assure clean air on College property;
• awareness of the presence of underage students;
• an interest in eliminating tobacco products littering the campus; and
• acceptance of the responsibility for a commitment to fire safety and health and wellness.

Use of tobacco, smoking, and vaping (e-cigarettes) is prohibited on the Nicolet College main campus and all outreach centers.  This includes the following:

• all structures, buildings and grounds, sidewalks, roads, pathways, and parking lots; and
• all Nicolet College owned and leased vehicles.
• All personal vehicles on Nicolet College property.

Smoking is permitted in enclosed personal vehicles. In consideration of your fellow Nicolet community members and to protect their health and comfort (State Statute 101.123 Wisconsin Act 12), smoke, tobacco materials, and waste items must be kept inside the vehicle.

Sacred Use of Tobacco

On occasion, there may be a group that requests to use the campus for an event which includes the sacred use of tobacco.  A request form must be completed in advance and submitted to the President.  The President or designated individual will determine the legitimacy and approve or deny the request.

Tobacco Cessation Assistance and Resources

Staff and students are encouraged to choose a healthful, non-tobacco use/non-smoking way of life.  Emphasis will be placed on educating and referring faculty, staff, and students to available resources/services that provide tobacco cessation assistance.

Enforcement

The primary responsibility for enforcement rests with Administrators and Campus Security. Employees, students, or the general public found using any form of tobacco on campus will be given a verbal warning and may be subject to a fine. Any student who continues to violate the policy will be referred to the Director of Risk, Compliance and Security. Any faculty or staff member who continues to violate the policy will be referred to his/her supervisor. Any person who becomes disorderly when asked to comply with this policy may be cited by law enforcement.

 

Title: Keys and Access Cards
Number: AP 3.04
Adopted: March 1995
Reviewed: June 2020
Revised: June 2020

Nicolet College Facilities Department is responsible for approving and issuing all keys and access cards. Employees must complete a Key and Building Card Access Request form and forward it to the Facilities Department. Keys and access cards will be issued to employees on an as-needed basis as determined by their Supervisor.

When furniture, equipment, filing cabinets, or other items with keys are acquired, the employee will keep one of the keys and complete a Key and Building Card Access Request form. The employee acquiring the item will forward the completed Key and Building Card Access Request form along with all other copies of the keys to the Facilities Department to be entered into the key files. If only one key is available with the acquisition, contact the Facilities Department.

All keys and access cards must be picked up at the Facilities Department. Individuals being issued keys and/or access cards must sign the Key and Building Card Access Request form.

For all keys and access cards issued:

• The control and use of keys and access cards is the responsibility of the employee.
• Keys and access cards are non-transferable. Loaning, re-issuing, or duplicating keys and/or access cards is prohibited.
• Lost or stolen keys and access cards must be reported immediately, in writing, to the Facilities Department. A fee will be charged for lost or stolen keys and access cards.
• Prior to completion of employment all employees must return their keys and access cards to Employee Relations.

Title: Campus Parking and Regulations
Number: AP 3.05
Adopted: March 1995
Reviewed: June 2020
Revised: June 2020

Nicolet College provides on-campus parking free of charge to students, staff, and visitors.

Handicapped parking is clearly marked and reserved for vehicles with a disabled license plate, with a state-issued disability placard, or with a temporary disability permit issued by Campus Security. For temporary permits, a health care provider’s recommendation may be required.  All permits must be placed in the windshield in full view.

Short-term parking is clearly marked and limited to 15 minutes.  Parking is only allowed in designated areas.  Overnight parking in campus lots is not allowed unless prior arrangements have been made with Facilities.

Students who do not pay their parking tickets will have a “Hold for Indebtedness” placed on their records.  Habitual student offenders may be disciplined in accordance with AP 1.06 Student Standards of Conduct and Complaint and Grievance Procedure.

Vehicles in violation of this policy may be ticketed or towed at the owner’s expense. Parking violations may be grieved by contacting Campus Security at 715-365-4420.

 

 

 

 

 

Title: Identity Theft and Prevention
Number: AP 3.06
Adopted: March 2014
Reviewed: June 2020
Revised: June 2020

Signed into law in 2003, the Red Flags Rule is a component of the Federal Trade Commission’s (FTC) Fair and Accurate Credit Transactions (FACT) Act.

Section 114 of the FACT Act requires the College to have an Identity Theft Prevention Program designed to detect, prevent, and mitigate identity theft in connection with opening an account or an existing account.  The Red Flags Rule allows the College to detect and respond to any Red Flags to prevent and mitigate identity theft.

The College's Identity Theft Prevention Program involves a four-step process, and is in compliance with the FTC's requirements:

1. Identification of Red Flags
2. Detection of Red Flags
3. Prevention and Mitigation of Identity Theft
4. Annual Review and Update of Program

Title: Title IX and Violence Against Women Act/Clery Compliance
Number: AP 3.07
Adopted: April 2015
Reviewed: August 2020
Revised: August 2020

The College is bound by and supports all applicable laws. This policy addresses Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. This policy also addresses the requirements of the Campus Sexual Violence Elimination Act (“Campus SaVE Act” or “SaVE Act”), and the 2013 Violence Against Women Act (VAWA) Amendments to the Jeanne Clery Act. Pursuant to Title IX, the College does not discriminate on the basis of sex (which includes for purposes of this policy gender, gender identity, and sexual orientation) in the administration of its educational programs or activities.

Nicolet College encourages members of the educational community to report sexual harassment.  This procedure only applies to conduct defined sexual harassment under Title IX and applicable federal regulations and that meet Title IX jurisdictional requirements.  Nicolet College will respond to sexual harassment and sexual misconduct that falls outside that definition and outside the jurisdiction of the Title IX federal regulations using State law and applicable College policies and procedures.  In implementing these procedures discussed below, Nicolet College will also provide supportive measures, training, and resources in compliance with State law, unless they are preempted by the Title IX regulations.

Title IX Coordinator

Questions concerning Title IX may be referred to Nicolet College’s Title IX Coordinator whose contact information is below.

Kristina Aschenbrenner, Vice President of Administration
Phone: 715.365.4550
Email: kaschenbrenner@nicoletcollege.edu

The Title IX Coordinator is required to respond to reports of sexual harassment or misconduct.  The Title IX Coordinator will handle information received with the utmost discretion and will share information with others on a need-to-know basis.  For example, the Title IX Coordinator may need to address public safety concerns on campus, comply with State and federal legal requirements, or share information to implement supportive measures.

A report of sexual harassment to the Title IX Coordinator does not necessarily lead to a full investigation, as discussed more fully below.  However, the Title IX Coordinator will make an assessment to determine if there is a safety risk to the campus.  If the Title IX Coordinator finds there is a continued risk, the Title IX Coordinator will file the formal complaint without the Complainant's consent or cooperation.

Title IX Harassment Complaints, Investigations, and Hearings

These Title IX sexual harassment procedures and the related policy protects students, employees, applicants for employment, and applicants for admission.

Jurisdictional Requirements – Application of Procedures

These procedures apply if the conduct meets the following three jurisdictional requirements:

• The conduct took place in the United States;
• The conduct took place in an official Nicolet College “education program or activity.”  This includes locations, events, or circumstances over which Nicolet College exercised substantial control over both the Respondent and the context in which the harassment occurred, including on-campus and off-campus property and buildings Nicolet College owns or controls or student organizations officially recognized by Nicolet College own or control.
• The conduct meets the definition of Title IX “sexual harassment.”

Definitions

Advisor:  Throughout the grievance process, both the Complainant and Respondent have a right to an Advisor of their choice.  If a Party does not have an Advisor at the time of the hearing, Nicolet College must provide the Party an Advisor of its choice, free of charge.  Nicolet College may establish restrictions regarding the extent to which the Advisor may participate in the proceedings as long as the restrictions apply equally to both Parties.

Complainant: A Complainant is an individual who alleges he/she/they is the victim of conduct that could constitute sexual harassment.

Consent: “Consent”, as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Persons suffering from a mental illness or defect which impairs capacity to appraise personal conduct, and/or a person who is unconscious or for any reason physically unable to communicate unwillingness to an act are presumed to be incapable of consent.

Decision-Maker:  The person, or group of people, who will oversee the live hearing and make a determination of responsibility. Nicolet College may choose to have one Decision-Maker determine whether the Respondent is responsible and another Decision-Maker determine the appropriate level of penalty for the conduct. The Decision-Maker cannot be the Title IX Coordinator or the investigator.

Formal Complaint:  A written complaint signed by the Complainant or Title IX Coordinator, alleging sexual harassment and requesting an investigation.  If the Title IX Coordinator signs the formal complaint, he/she/they will not become a Party to the complaint.

Parties:  As used in this procedure, this means the Complainant and Respondent.

Respondent:  A Respondent is an individual reported to be the perpetrator of conduct that could constitute sexual harassment.

Sexual Harassment under Title IX:  Conduct that satisfies one or more of the following:

• A Nicolet College employee conditions the provision of an aid, benefit, or service of Nicolet College on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Nicolet College’s education program or activity;
• Sexual assault, including the following:
  • Sex Offenses.  Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
  • Rape (except Statutory Rape).  The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.  There is carnal knowledge if there is the slightest penetration of the genital or anal opening of the body of another person.
  • Sodomy.  Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
  • Sexual Assault with an Object.  To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.  An "object" or "instrument" is anything the offender uses other than the offender's genitalia, e.g., a finger, bottle, handgun, stick.
  • Fondling.  The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her/their age or because of his/her/their temporary or permanent mental or physical incapacity.
  • Sex Offenses, Non-Forcible Unlawful, Non-Forcible Sexual Intercourse.
    • Incest.  Non-Forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape – Non-Forcible.  Sexual intercourse with a person who is under the statutory age of consent.  There is no force or coercion used in Statutory Rape; the act is not an attack.
  • Dating violence.  Violence against a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  The existence of a relationship will be determined based on a consideration of the following factors:  the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
  • Domestic Violence.  Violence committed:
    • By a current or former spouse or intimate partner of the victim;
    • By a person with whom the victim shares a child in common;
    • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
    • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of Wisconsin or
    • By any other person against an adult or youth victim protected from that person’s acts under the domestic or family violence laws of Wisconsin.
  • Stalking.  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her/their safety or the safety of others or suffer substantial emotional distress.

Reporting Options

Any individual may report sexual harassment to Nicolet College’s Title IX Coordinator.

Nicolet College strongly encourages prompt reporting of sexual harassment.  Prompt reporting allows for the collection and preservation of evidence, including physical evidence, digital media, and witness statements.  A delay may limit the College’s ability to effectively investigate and respond.

Individuals have the opportunity to decide whether they want to pursue a formal Title IX complaint. Reporting sexual harassment to the Title IX Coordinator does not automatically initiate an investigation under these procedures.  A report allows the College to provide a wide variety of support and resources to impacted individuals and to prevent the reoccurrence of the conduct.  A Complainant or the Title IX Coordinator filing a formal complaint will initiate an investigation.

If there are parallel criminal and Title IX investigations, Nicolet College will cooperate with the external law enforcement agency and will coordinate to ensure that the Title IX process does not hinder legal process or proceedings.

The College will document reports of sexual harassment in compliance with the Clery Act, a federal law requiring data collection of crime within the campus geography.  Under the Clery Act, the College does not document personal information; the College reports the type of conduct, and the time, date, and location.

Nicolet College Employees and Officials with Authority

Nicolet College Officials with Authority are not confidential resources and are required to report allegations of sexual harassment to the Title IX Coordinator promptly.  All other employees are encouraged to report allegations to the Title IX Coordinator but are not required to do so.

Officials with Authority are required to report all relevant information they know about sexual harassment including the name of the Respondent, the Complainant, any other witnesses, and the date, time, and location of the alleged incident.

Intake and Processing of Report

Receipt of Report

After receiving a report of sexual harassment, the Title IX Officer will contact the Complainant and reporting party to explain rights under this policy and procedure and invite the Complainant to an in-person meeting.  The Title IX Officer will discuss supportive measures with the Parties.

Timeframe for Reporting

To promote timely and effective review, Nicolet College strongly encourages individuals to report sexual harassment as soon possible because a delay in reporting may affect the ability to collect relevant evidence and may affect remedies the College can offer.

Supportive Measures

Supportive measures are non-disciplinary, non-punitive individualized services offered free of charge to the Complainant or the Respondent regardless of whether a formal complaint has been filed.  Nicolet College will provide the Complainant and Respondent with supportive measures as appropriate and as reasonably available to restore or preserve equal access to the College’s education program or activities.  These measures are designed to protect the safety of all Parties, protect the College’s educational environment, or deter sexual harassment.  The College will provide supportive measures on a confidential basis and will only make disclosures to those with a need to know to enable the College to provide the service.  Supportive measures may include counseling, extensions of deadlines, other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

Removal of Respondent Pending Final Determination

Upon receiving a report regarding sexual harassment, the Title IX Coordinator will make an immediate assessment concerning the health and safety of the Complainant and campus community as a whole.  Nicolet College has the right to order emergency removal of a Respondent, or if the Respondent is an employee, place the employee on administrative leave.

Emergency Removal

Nicolet College may remove a non-employee Respondent from the College’s education program or activity on an emergency basis after it conducts an individualized safety and risk analysis and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal.

The College may not use emergency removal to address a Respondent’s threat of obstructing the sexual harassment investigation or destroying relevant evidence.  Emergency removal is only available to address health or safety risks against individuals arising out of sexual harassment allegations, not to address other forms of misconduct that a Respondent might commit pending the processing of a complaint.

The College’s Risk Manager or Director of Security or designee will conduct the individualized safety and risk analysis.

If it is determined that emergency removal is appropriate, he/she/they or designee will provide the person the College is removing from campus on an emergency basis with a notice and opportunity to attend a meeting and challenge the basis of his/her/their removal.  The Risk Manager or Director of Security or designee will determine whether the emergency removal from campus order is warranted after considering information provided by the Respondent challenging the emergency removal.

Administrative Leave

Nicolet College may place a non-student employee Respondent on administrative leave during the pendency of a grievance process described in the formal complaint process below.  The College will follow any relevant policies, procedures, collective bargaining agreements, or State law in placing an employee on administrative leave.

Formal Complaint Grievance Process

Notice to Parties

Upon receipt of a formal complaint, the Title IX Coordinator will provide the following notice in writing, to the Parties:

• Notice of Nicolet College’s Title IX grievance process;
• Notice of the allegations of alleged sexual harassment with sufficient details known at the time and with sufficient time to prepare a response before any initial interview;
• Statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
• Notice that the Parties may have Advisor of their choice, who may be, but is not required to be, an attorney;
• Notice that the Parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence whether obtained from a Party or other source; and
• Inform the Parties of any provision in the College’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the College decides to investigate allegations about the Complainant or Respondent that are not included in the notice provided above, the Title IX Coordinator will provide notice in writing of the additional allegations to the Parties.

Dismissal of Formal Complaint

Nicolet College must investigate the allegations in a formal complaint.  However, the College must dismiss the formal complaint and will not process the complaint under these procedures if any of the following three circumstances exist:

• If the conduct alleged in the formal complaint would not constitute Title IX sexual harassment as defined in this procedure;
• If the conduct alleged did not occur in the College’s education program or activity;
• If the conduct alleged did not occur against a person in the United States.

The College has discretion to dismiss a formal complaint or any allegation under the following circumstances:

• If at any time during the investigation or hearing:  a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations;
• If the Respondent is no longer enrolled or employed by the College; or
• If there are specific circumstances that prevent the College from gathering evidence sufficient to reach a determination regarding responsibility as to the formal complaint or allegations.

If the College dismissed the formal complaint or any allegations, the Title IX Coordinator shall simultaneously provide the Parties with written notice of the dismissal and reason.  The College will also notify the Parties of their right to appeal.

The College may commence proceedings under other policies and procedures after dismissing a formal complaint.

Consolidation of Formal Complaints

Nicolet College may, but is not require to, consolidate formal complaints as to allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against the other Party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Equitable Treatment of the Parties

Nicolet College’s determination of responsibility is a neutral, fact-finding process. The College will treat Complainants and Respondents equitably.  The procedures will apply equally to both Parties.  The College will not discipline a Respondent unless it determines the Respondent was responsible for sexual harassment at the conclusion of the grievance process.

Statement of Presumption of Non-Responsibility

The investigation is a neutral, fact-finding process.  Nicolet College presumes all reports are in good faith.  Further, the College presumes the Respondent is not responsible for the alleged conduct.  The College makes its determination regarding responsibility at the conclusion of the grievance process.

Bias or Conflict of Interest

Nicolet College’s Title IX Coordinator, investigator, Decision-Maker, or any person designated by the College to facilitate an informal resolution process, will not have potential actual bias or conflict of interest in the investigatory, hearing, sanctioning, or appeal process or bias for or against Complainants or Respondents generally.  Actual bias is an articulated prejudice in favor of or against one Party or position; it is not generalized concern about the personal or professional backgrounds, positions, beliefs, or interests of the Decision-Maker in the process.  The College will ensure that the Title IX Coordinator, investigator, Decision-Maker, and facilitator receive training on:

• The definition of sexual harassment in this procedure;
• The scope of the College’s education program or activity;
• How to conduct an investigation;
• The grievance process including conducting hearings, appeals, and informal resolution processes; and
• How to serve impartially, including avoiding: prejudgment of the facts at issue; conflicts of interest; and bias.

Timeline for Completion

Nicolet College will undertake its grievance process promptly and as swiftly as possible.  The College will complete the investigation and its determination regarding responsibility or the informal resolution process within 180 calendar days.

When appropriate, the Title IX Coordinator may determine that good cause exists to extend the 180-calendar day period to conduct a fair and complete investigation, to accommodate an investigation by law enforcement, to accommodate the unavailability of witnesses or delays by the Parties, to account for College breaks or vacations, or due to the complexity of the investigation.  The College will provide notice of this extension to the Complainant and Respondent in writing and include the reason for the delay and anticipated timing of completion.

A Party may request an extension from the Title IX Coordinator in writing by explaining the reason for the delay and the length of the continuance requested.  The Title IX Coordinator will notify the Parties and document the grant or denial of a request for extension or delay as part of the case recordkeeping.

Role of Advisor

The role of the Advisor is to provide support and assistance in understanding and navigating the investigation process.

The Advisor may not testify in or obstruct an interview or disrupt the process.  The Title IX Coordinator has the right to determine what constitutes appropriate behavior of an Advisor and take reasonable steps to ensure compliance with this procedure.

A Party does not have a right to self-representation at the hearing; an Advisor must conduct any cross-examination.  Nicolet College must provide an Advisor of its choice, free of charge to any Party without an Advisor in order to conduct cross-examination.  If an Advisor fails to appear at the hearing, the College will provide an Advisor to appear on behalf of the non-appearing Advisor.  To limit the number of individuals with confidential information about the issues, each Party may identify one Advisor.

Confidentiality Agreements

To protect the privacy of those involved, the Parties and Advisors are required to sign a confidentiality agreement prior to attending an interview or otherwise participating in the College’s grievance process.  The confidentiality agreement restricts dissemination of any of the evidence subject to inspection and review or use of this evidence for any purpose unrelated to the Title IX grievance process.  The confidentiality agreement will not restrict the ability of either Party to discuss the allegations under investigation.

Use of Privileged Information

Nicolet College’s formal complaint procedure does not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally-recognized privilege (e.g., attorney-client privilege, doctor-patient privilege, spousal privilege, etc.), unless the person holding the privilege provides voluntary, written consent to waive the privilege.

Investigations

The Title IX Coordinator is responsible to oversee investigations to ensure timely resolution and compliance with Title IX and this procedure.

Both Parties have the right to have an Advisor present at every meeting described in this section.

Trained investigators

Nicolet College will investigate Title IX formal complaints fairly and objectively.  Individuals serving as investigators under this procedure will have adequate training on what constitutes sexual harassment and how the College’s grievance procedures operate.  The College will also ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence and complies with this procedure.

Gathering Evidence and Burden of Proof

Nicolet College, not the Parties, has the responsibility to gather information and interview witnesses.  When the investigator evaluates the evidence, he/she/they will do so using the preponderance of the evidence standard.  After considering all the evidence gathered, the investigator will decide whether it is more likely than not that reported conduct occurred.

Notice of Investigative Interview

Nicolet College will provide written notice of the date, time, location, participants, and purpose of all investigative interviews to a Party whose participation is invited or expected, with sufficient time for the Party to prepare to participate.

Evidence Review

Both Parties have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a Party or other source.

Prior to the investigator preparing an investigative report, the College will send to each Party and the Party’s Advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy.  The Parties will have at least ten days to submit a written response.  The investigator must consider this written response prior to completing the investigative report.

Investigative Report

The results of the investigation of a formal complaint will be set forth in a written report that will include at least all of the following information:

• A description of the circumstances giving rise to the formal complaint;
• A description of the procedural steps taken during the investigation, including all individuals contacted and interviewed;
• A summary of the testimony of each witness the investigator interviewed;
• An analysis of relevant evidence collected during the investigation, including a list of relevant documents;
• A specific finding as to whether the allegations occurred using a preponderance of the evidence standard;
• A table of contents if the report exceeds ten pages; and
• Any other information deemed appropriate by the College.

The investigator will not make a determination regarding responsibility.

The investigator may redact information not directly related to the allegations or privileged information.  However, the investigator will keep a log of information he/she/they do not produce to the Parties.  The investigator will provide this log only to the Title IX Coordinator.  The Title IX Coordinator will not disclose the log to the Parties but will maintain the log in the Title IX Coordinator’s file, in the event it later becomes relevant.

At least ten days prior to a hearing or other time of determination regarding responsibility, the College will send the investigative report to each Party and their Advisors, if any, the investigative report in an electronic format or a hard copy, for review and written response.  The Parties will have at least ten days to submit a written response.

Hearing

After completing an investigation and prior to completing a determination regarding responsibility, the College will hold a live hearing to provide the Complainant and Respondent an opportunity to respond to the evidence gathered before a Decision-Maker.  Neither Party may choose to waive the right to a live hearing, but the Parties can choose whether to participate in the hearing or answer some or all cross-examination questions.

Notice

If Nicolet College proceeds to a hearing, the College will provide all Parties written notice of the date, time, location, participants, and purpose of the hearing with sufficient time for the Party to prepare to participate.

Hearing Format

Nicolet College may provide a live hearing with all Parties physically present in the same geographic location or, at the College’s discretion if either Party requests, the College may provide any or all Parties, witnesses, and other participants the ability to appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other in real time.

Nicolet College will make the information reviewed during the Evidence Review available at the hearing for reference and consultation.  The College will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present relevant evidence.

The College will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the Parties for inspection and review.

Decision-Maker

The Decision-Maker will be free from conflict of interest or bias, including bias for or against Complainants or Respondents. In cases where the Complainant or Respondent objects to the Decision-Maker on the basis of a conflict of interest, the Complainant or Respondent may request the Title IX Coordinator select a different Decision-Maker.  The Complainant or Respondent must make this request to the Title IX Coordinator in writing at least five business days prior to the hearing.

The Decision-Maker may ask the Parties and the witnesses questions during the hearing.  The Decision-Maker must objectively evaluate all relevant evidence both inculpatory and exculpatory and must independently reach a determination regarding responsibility without giving deference to the investigative report.  The Decision-Maker must receive training on issues of relevance, how to apply the rape-shield protections for Complainants, and any technology to be used at the hearing.

Presenting Witnesses

Nicolet College will provide the Complainant and Respondent an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.  Witnesses, like Parties, are not required to participate in the live hearing process.

Only relevant evidence will be admissible during the hearing.  Relevant evidence means evidence, including evidence relevant to the credibility of a Party or witness, having any tendency in reason to prove or disprove any disputed fact material to the allegations under investigation.

Cross-Examination

Nicolet College will permit each Party’s Advisor to ask the other Party and any witnesses all relevant questions and follow-up questions, including those questions challenging credibility.  The Party’s Advisor must conduct cross-examination directly, orally, and in real time.  A Party may never personally conduct cross-examination.

Advisors may only ask relevant cross-examination and other questions of a Party or witness.  Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Decision-Maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.  The Decision-Maker need not provide a lengthy or complicated explanation in support of a relevance determination.  If a Party or witness disagrees with a relevance determination, that individual has the choice of either (1) abiding by the Decision-Maker’s determination and answering the question or (2) refusing to answer the question.

If a Party or witness does not submit to cross-examination at the live hearing, the Decision-Maker will not rely on any statement of that Party or witness in reaching a determination regarding responsibility.  A Party or witness may also decline to answer a question, and the Decision-Maker cannot rely on any statement on which that Party or witness has declined to answer cross-examination questions.  A Decision-Maker cannot draw an inference about the determination regarding responsibility based solely on a Party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

Determinations of Responsibility

When the Decision-Maker makes a determination of responsibility or non-responsibility, the Decision-Maker will issue a written determination regarding responsibility, no later than 20 business days after the date that the hearing ends.

When making a determination regarding responsibility, a Decision-Maker will objectively evaluate all relevant evidence, including both inculpatory and exculpatory evidence.  A Decision-Maker may not make credibility determinations based on an individual’s status as a Complainant, Respondent, or witness.  In evaluating the evidence, the Decision-Maker will use the preponderance of the evidence standard.  Thus, after considering all the evidence it has gathered, the College will decide whether it is more likely than not that sexual harassment occurred.

The written determination will include:

• Identification of the allegations potentially constituting Title IX sexual harassment as defined in these procedures;
• A description of the procedural steps taken from the receipt of the formal complaint through the determination, including who conducted the investigation and gave notifications to the Parties.  The determination will also state when, where, and the date the investigator interviewed the Parties and witnesses, conducted site visits, the methods used to gather other evidence.  The procedural section should also discuss the dates and how the Parties were provided the opportunity to review and inspect evidence and the date of any hearings held and who attended the hearing;
• Findings of fact supporting the determination. In making these findings, the Decision-Maker will focus on analyzing the findings of fact that support the determination of responsibility or non-responsibility;
• Conclusions regarding the application of the College’s code of conduct to the facts;
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;
• A statement of, and rationale for, any disciplinary sanctions the College imposes on the Respondent;
• A statement of whether the College will provide the Complainant with remedies designed to restore or preserve equal access to the College’s education program or activity;
• Nicolet College need not disclose to the Respondent remedies that do not affect him/her/them as part of the written determination.  The College can inform the Respondent that it will provide remedies to the Complainant.  However, the College will inform the Complainant of the sanctions against the Respondent;
• The College’s procedures and permissible bases for the Complainant and Respondent to appeal.

The College will provide the written determination to the Parties simultaneously.  The determination regarding responsibility becomes final either on the date that the College provides the Parties with the written determination of the result of the appeal, if the Parties file an appeal, or if the Parties do not file an appeal, the date on which an appeal would no longer be timely.

Disciplinary Sanctions and Remedies

Nicolet College must have completed the grievance procedures (investigation, hearing, and any appeal, if applicable) before the imposing disciplinary sanctions or any other actions that are not supportive measures against a Respondent.  If the Decision-Maker determines the Respondent was responsible for conduct that constitutes sexual harassment, the College will take disciplinary action against the Respondent and any other remedial action it determines to be appropriate.  The action will be prompt, effective, and commensurate with the severity of the offense.

Remedies for the Complainant might include, but are not limited to:

• Providing an escort to ensure that the Complainant can move safely between classes and activities;
• Ensuring that the Complainant and Respondent do not attend the same classes or work in the same work area;
• Providing counseling services or a referral to counseling services;
• Providing academic support services, such as tutoring;
• Arranging for a Complainant, if a student, to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the Complainant’s academic record; and
• Reviewing any disciplinary actions taken against the Complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the Complainant’s discipline.

Possible disciplinary sanctions for student Respondents include written or verbal reprimand, required training or counseling, non-academic probation, suspension, and expulsion.  Possible disciplinary sanctions for employee Respondents include written or verbal reprimand, required training or counseling, reduction in pay, demotion, suspension, or termination.

Appeal of Dismissal of a Formal Complaint or of the Determination of Responsibility

A Complainant or Respondent may appeal the College’s determination regarding responsibility or the dismissal of a formal complaint or any allegations.  A Complainant or Respondent must submit a written appeal within 10 days from the date of the notice of determination regarding responsibility or from the date of the College’s notice of dismissal of a formal complaint or any allegations.

Grounds for Appeal

In filing an appeal of the College’s determination regarding responsibility or the College’s dismissal of a formal complaint, the Party must state the grounds for appeal and a statement of facts supporting those grounds.  The grounds for appeal are as follows:

• A procedural irregularity affected the outcome;
• New evidence was not reasonably available at the time the College’s determination regarding responsibility or dismissal was made, and this new evidence could affect the outcome; or
• The College’s Title IX Coordinator, investigator, or Decision-Maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome.

Appeal Procedure

If the Complainant or Respondent submit an appeal to the College, the College will:

• Notify the other Party in writing within 5 days of receiving a Party’s appeal;
• Allow the non-appealing Parties at least 10 days from the date of receipt of the appeal to submit a written statement in support of, or challenging, the outcome;

The appeal Decision-Maker will issue a written decision on whether to grant or deny the appeal, and the rationale for the decision, 45 business days after the Decision-Maker on appeal receives the response to the appeal or the last day to provide a response.  The College will provide the written decision simultaneously to both Parties.

The Decision-Maker on appeal may extend or otherwise modify the deadlines provided above.  Either Party may seek an extension by submitting a written request to the appeal Decision-Maker explaining the need for the extension and the proposed length of the extension.  The Decision-Maker will respond to the request within 48 hours in writing and will inform the Parties simultaneously whether the extension is granted.

Informal Resolution

If the College determines that a formal complaint is appropriate for informal resolution, it may provide the Parties with the opportunity to participate in an informal resolution process, including mediation, at any time prior to reaching a determination regarding responsibility.

The College will provide the Complainant and Respondent written disclosure of the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the Parties from resuming a formal complaint arising from the same allegations, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

The College must obtain the Parties’ voluntary, written consent to the informal resolution process.  If the Parties reach an agreement, the College does not have to complete a full investigation and adjudication of a report of sexual harassment.  At any time prior to agreeing to a resolution, any Party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

The informal resolution process is not available to resolve allegations that an employee sexually harassed a student.

Retaliation Prohibited

Nicolet College prohibits any intimidation, threats, coercion, or discrimination against any individual who made a report or complaint of sexual harassment, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation, proceeding, or hearing.  Individuals who experience retaliation may file a complaint using the formal complaint process described above.

Dissemination of Policy and Procedures

Nicolet College will provide its policy and procedures related to Title IX on its website and in each handbook or catalog provided to applicants for admission and employment, students, and employees.

When hired, employees are required to sign acknowledging that they have received the policy and procedures.  The College will place the signed acknowledgment of receipt in each employee’s personnel file.

Training

Nicolet College will provide training to Title IX Coordinators, investigators, Decision-Makers, and any individual who facilitates an informal resolution process, on the definition of sexual harassment, the scope of the College’s education program or activities, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias.  Any materials used to train the College’s Title IX Coordinator, investigators, Decision-Makers, and any person who facilitates an informal resolution process, will not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.

File Retention

Nicolet College will retain on file for a period of at least seven years after closing the case copies of:

• The original report or complaint;
• Any actions taken in response to the complaint, including supportive measures;
• The investigative report including all evidence gathered and any responses from the Parties;
• The College’s determination regarding responsibility;
• Audio or audiovisual recording or transcript from a hearing;
• Records of any disciplinary sanctions imposed on the Respondent;
• Records of any remedies provided to the Complainant;
• Any appeal and the result;
• Any informal resolution and the result; and
• All materials used to train Title IX Coordinators, investigators, Decision-Makers, and any person who facilitates an informal resolution process.  The College will make these training materials publicly available on its website.

Nicolet College will make these documents available to the U.S. Department of Education Office for Civil Rights upon request.

Community and College Resources
Victims are encouraged to seek help from the agencies listed in the College Safety and Security Resource Guide for follow-up counseling and support. Further, victims do have the option to, or not to, notify and seek assistance from law enforcement and campus authorities. Victims can also call the 24-hour Crisis Hotline at 800-236-1222 or 715-362- 6800.

CURRENT RESOURCES BY COUNTY:

FOREST COUNTY

TRI-County Council on Domestic Violence and Sexual Assault
800-236-1222 (Toll Free) or 715-478-3780 (Local)
24-hour Crisis Hotline (Domestic Violence/Sexual Assault Victim Advocacy)

Forest County Potawatomi Health and Wellness Center / Domestic Violence Program
715-478-7201 (Local)
Forest County Potawatomi Domestic Violence program
Sexual Assault Victim Advocacy

IRON COUNTY

DOVE (Domestic Violence Escape)
800-711-6744 (Toll Free) or 715-561-5671 - Victim/Witness Assistance program

LANGLADE COUNTY

Advocates for Victims of Domestic and Sexual Abuse (AVAIL)
715-623-5767 (24-Hour Crisis Hotline) or 715-536-5177 (Local)
Emergency shelter, 24-hour crisis hotline, counseling and support groups, information and referral

LINCOLN COUNTY

The Haven – Lincoln County Domestic Violence Shelter
715-536-1300 (Local)
Sexual assault victim advocacy, 24-hour crisis hotline, legal advocacy

ONEIDA COUNTY

TRI-County Council on Domestic Violence and Sexual Assault
800-236-1222 (Toll Free) or 715-362-6841 (Local)
24-hour crisis hotline, domestic violence and sexual assault victim advocacy

Sacred Heart / St. Mary’s Hospital Emergency Department
715-361-2100 (Local)
Sexual Assault Nurse Examiner (SANE) program

Howard Young Medical Center
715-356-8000 (Local)
Sexual Assault Nurse Examiner (SANE) program
Oneida County Health Department Reproduction Health Clinic: STD screening, treatment, education, HIV counseling and testing, emergency contraception

Oneida County Health Department
715-369-6116 (Local)
STD screening, treatment, education, HIV counseling and testing, emergency contraception

VILAS COUNTY

TRI-County Council on Domestic Violence and Sexual Assault
800-236-1222 (Toll Free) or 715-479-2912 (Local)
24-hour Crisis Hotline (Domestic Violence/Sexual Assault Victim Advocacy • Eagle River Memorial Hospital Emergency Department

715-479-0255 (Local)
Sexual Assault Nurse Examiner (SANE) program

Lac du Flambeau Domestic Violence Shelter/Sexual Assault Victim Advocacy
800-236-7660 (Toll Free)

CLERY ACT ADDENDUM REQUIREMENTS
The Campus SaVE Act (the “SaVE Act” or “Act”) applies to almost all institutions of higher education since it is directed toward those that participate in financial aid programs under Title IV of the Higher Education Act of 1965. It became effective on March 7, 2013 as part of the Violence Against Women Reauthorization Act (VAWA) and amends the Jeanne Clery DiscloHellsure of Campus Security Policy and Campus Crime Statistics Act (known as the Clery Act).

The Act requires higher education institutions to report crime statistics and disclose security-related information in several ways:

It adds offenses involving domestic violence, dating violence, and stalking to the crimes that institutions must report and include in their annual security reports (ASR).

It expands the categories of reportable “hate crimes” to include those based on bias against gender identity or national origin.

The policy statements filed as part of the ASR must now include detailed descriptions of the institution’s internal procedures in cases of domestic violence, dating violence, or stalking, as well as descriptions of its education and prevention programs.