3.0 Safety and Security

3.0 Safety and Security

3.01 Campus Security

3.01 Campus Security

Title: Campus Security
Number: AP 3.01
Adopted: November 1997
Reviewed: June 2020
Revised: June 2020

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.

  1. Annual Cleary Crime Statistics
  2. Emergency Response Guide

This is a quick reference guide for various emergency situations.  The guide is provided to all new employees and can be downloaded as an app on individual cell phones.

  1. 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 Officers
  • Student Development and Student Affairs Staff
  • Employee Relations Staff
  • College Administration

Emergency Contact Number

  • Police, Fire, and Medical                                  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
  • Minocqua Police Department                    715-356-3234
  • 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 Minocqua Police Department has primary jurisdiction over the Lakeland Outreach Center. These departments periodically patrol both locations.

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 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

The Emergency Response Guide identifies 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 or downloaded as an app onto your cellphone. The College holds evacuation and/or shelter in place drills at least once each academic year. 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.

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 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

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

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 Cleary 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.

 

3.02 Campus Safety

3.02 Campus Safety

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.

  1. 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.

  1. 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.

 

3.03 Tobacco Free Campus

3.03 Tobacco Free Campus

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.

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. 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.

 

3.04 Key and Access Cards

3.04 Key and Access Cards

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.

3.05 Campus Parking Regulations

3.05 Campus Parking Regulations

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.

 

 

 

 

 

3.06 Identity Theft Prevention

3.06 Identity Theft Prevention

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

3.07 Title IX and Violence Against Women Act/Clery Compliance

3.07 Title IX and Violence Against Women Act/Clery Compliance

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.

Nicolet College’s Title IX Coordinator is Matthew R. Schur and the Title IX Coordinator’s contact information is:

5364 College Drive – Rhinelander, WI 54501 – Red Oak Center 207C
715.365.4615
mschur@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.

    3.08 Service Animals

    3.08 Service Animals

    Title: Service Animals
    Number: AP 3.08
    Adopted: November 2016
    Reviewed: October 2019
    Revised: October 2019

    Nicolet College recognizes and supports the assistance a trained service animal can provide an individual with a disability.  Service animals are allowed within College facilities utilizing the following guideline.

    Definitions

    Service Animal:  In accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), College policies allow for the use of service animals by an individual with a disability. A service animal is defined as a dog (or in certain circumstances, miniature horse) that has been individually trained to do work or perform tasks for an individual with a disability.

    Work or Tasks:  The work or tasks performed by a service animal must be directly related to the individual’s disability.  Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation or other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balancing and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.  The crime deterrent effects of an animal’s presence and the provisions of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

    Control:  A service animal must be under the control of the handler at all times.  A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks.  In either case, the service animal must be under the handler’s control (e.g., voice control, signals, or other effective means).

    The College reserves the right to remove a service animal from the premises if:

    • The animal is out of control and the animal’s handler does not take effective action to control it.
    • The animal poses a direct threat to the health and safety of others.
    • The animal causes substantial physical damage to property.
    • The animal would pose an undue financial and/or administrative burden for the College, or would fundamentally alter the College’s ability to deliver services, programs, or activities

    .

     

    • The animal is not housebroken.

    If the College properly excludes a service animal it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises. Effective alternatives will be examined with the individual to accommodate access.

    The College is not responsible for the care or supervision of a service animal.

    Procedure
    Requests for the use of a service animal at Nicolet College will be reviewed on a case-by-case basis.

    Students:
    Contact the Accommodations Specialist with your request.

    Employees:
    Contact the Human Resources Department with your request.

    We encourage students who are have a service animal to connect with Disability Support Services. An employee needs to make a request in advance of the attendance of a service animal in the work environment.  Upon determination of eligibility, contact will be made with the supervisor to notify them of the appropriate accommodation.

    The following factors will be considered in regard to the individual’s access to programs and services.

    • If the animal is required because of a disability.
    • What work or task the animal has been trained to perform.

    The College will not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

    If an individual notifies the College of any allergy to a service animal that is accompanying a partner/handler, the College will make reasonable attempts to balance the rights of the individuals involved and to consider the available options. Generally, allergies that are not life threatening are not a valid reason for prohibiting the presence of a service animal. 

    Similarly, fear of animals generally is not a valid reason for prohibiting the presence of a service animal.

    3.09 Campus Pet Policy

    3.09 Campus Pet Policy

    Title: Campus Pet Policy
    Number: AP 3.09
    Adopted: November 2016
    Reviewed: June 2020
    Revised:
    June 2020

    The following policy has been established to provide for the health and safety of the Nicolet College students, faculty, staff, and visitors; for the protection, efficient use, and enjoyment of the College’s property; and the reasonable management and operations of the College.

    A reasonable pet policy, focused on owner responsibility, improves the quality of campus life inside and outside buildings while minimizing the use of resources on avoidable cleanup and repairs.  Beyond the obvious concerns for property maintenance and personal welfare, it is hoped that these regulations will foster an atmosphere where all can enjoy the College’s facilities in a comfortable and relaxed setting.

    Inside Buildings
    No pets are allowed inside College buildings.

    NOTE:  This prohibition does not apply to individuals accompanied by services animals or animals providing aid to law enforcement agencies

    Outside of Buildings
    The following rules apply to the College property outside of buildings.

    1. Pets must be leashed and under control at all times.
    2. Owners must have a means to clean up after their pet, specifically, the owner or person(s) who possess or control the pet when appearing with the pet on any walkway, roadway, and recreational area shall also possess the means of removal of any fecal matter left by the pet.
    3. The owner is responsible for immediate cleanup and reporting of incidental damage caused by the pet (including digging damage).  Cleanup should be thorough enough so as to generate no additional work for College staff or inconvenience for members or the College community or visitors. Owners should contact Campus Security (715-365-4420) to report any and all damages.

    Policy Violations
    Violations of this policy will be handled through a system of progressive corrective penalties that will be administered by the Director of Risk, Compliance, and Security.  Other college employees are encouraged to inform people of the policy and inform Campus Security of any violations.

    1. First Violation – Verbal warning that will remind the individual of the rules and their specific violation.
    2. Second Violation – Written warning
    3. Third Violation  – The pet and/or the pet’s owner may be excluded from campus.   
    4. Failure to Cooperate – The pet and/or pet’s owner immediate exclusion from campus.

    3.10 Campus Face Mask Policy

    3.10 Campus Face Mask Policy

    Title: Campus Face Mask Policy
    Number: AP 3.10
    Adopted: August 2020
    Reviewed:
    Revised:

    Nicolet College Face Mask Policy

    Given the community transmission of COVID-19, Nicolet College remains committed to providing a safe educational and work environment to protect the health of our students, employees, and others who visit our campus. Preventive measures and personal responsibilities for health and safety shall be communicated through Nicolet College email and posted on the College’s Coronavirus website. In addition, signage is posted within all buildings, and stand-up signage is placed in strategic locations on campus. The following policies are currently in effect and supersede all previous Nicolet College operation plans as they related to COVID-19:

    Policy for Students

    Every student entering a Nicolet College building or off-campus facility operated by the College is expected to wear a face mask that covers the nose and mouth. Any student who is found within a College building or off-campus facility operated by the College without a mask will be asked to wear a mask. If the student does not have a mask, the College will provide a mask as long as supplies are available. Masks must be worn to remain within a College building or off-campus facility operated by the College unless the student qualifies as “exempt” under Gov. Tony Evers’ July 30, 2020 Executive Order pursuant to the wearing of face coverings. Any student who refuses to comply with this policy, and who is unable to claim an “exempt” status under Gov. Evers’ Executive Order, will be asked to leave the premises. Students who refuse to comply with the College’s mask policy will be advised of the available options for remote instruction or other program delivery methods – if available – that may offer them the ability to remain active in their course of study.

    Policy for Employees

    All employees entering a Nicolet College building or off-campus facility operated by the College are expected to wear a face mask that covers the nose and mouth. Any employee who is found within a College building or off-campus facility operated by the College without a mask will be asked to wear a mask. If the employee does not have a mask, the College will provide a mask as long as supplies are available. Masks must be worn to remain within a College building or off-campus facility operated by the College unless the employee qualifies as “exempt” under Gov. Tony Evers’ July 30, 2020 Executive Order pursuant to the wearing of face coverings or is working alone within an enclosed space or office.