2022 Annual Security Report

The Campus Sex Crimes Prevention Act of 2000 requires institutions of higher education to issue a statement where one can find information provided by the State of Connecticut with regard to registered sex offenders. That information can be found online here.

The Campus Sex Crimes Prevention Act of 2000 also requires sex offenders, who are registered already within a State, to provide notice to each institution of higher education in that State, at which the person is employed, carries on a vocation, or is a student.

In the State of Connecticut, convicted sex offenders must register with the Sex Offender Registry maintained by the Connecticut Department of Public Safety, Division of State Police, Sex Offender Registry Unit, pursuant to Connecticut General Statutes 54-250.

The Sex Offender Registry information provided under this law is intended to be used for such purposes as the administration of criminal justice, screening of current or prospective employees and volunteers or otherwise for the protection of the public in general and children in particular. Unlawful use of the information for the purposes of intimidating or harassing another is prohibited and a willful violation shall be punishable as provided by law.

On October 1, 2014 NCC implemented a tobacco and smoke-free campus policy to provide a safe and healthy working and learning environment for our staff, faculty, and students. Tobacco is defined as all tobacco derived or contained products, including but not limited to, cigarettes, electronic cigarettes, cigars and cigarillos, hookah smoked products, pipes and oral tobacco (smokeless, chew, snuff). It also includes any product intended to mimic tobacco products or containing tobacco flavoring.

Public Act No. 93-304 (An Act Prohibiting Smoking in Public Buildings) became a law on October 1, 1993. It provides, in relevant part, that smoking is prohibited in any building or portion thereof that is owned, leased and/or operated by the State of Connecticut.

The findings of the Surgeon General of the United States indicate, that passive exposure to cigarette smoke (second hand or passive smoke), is linked to a variety of negative consequences. With that said, the success of this policy depends on the thoughtfulness, consideration and cooperation of tobacco users and non-tobacco users. All members of the college community are responsible for respectfully communicating the policy to students, faculty, staff and visitors.

Norwalk Community  College Statement
NCC strives to maintain a safe and welcoming environment free from acts of sexual misconduct and relationship violence. NCC will not tolerate sexual misconduct against students, faculty, staff or visitors, whether it comes in the form of intimate partner violence, sexual assault, sexual exploitation or sexual harassment, as defined in the BOR policy.

In an ongoing effort to prevent sexual misconduct and intimate partner violence on the NCC campus, the College provides education and prevention programs for the NCC community and pursues all criminal and administrative remedies for complaints of sexual misconduct.

NCC is a community dependent upon trust and respect for its students, faculty, staff and those visiting or under temporary contract. Members of the college community have the right to a safe and welcoming campus environment. Acts of sexual misconduct and intimate partner violence threaten personal safety and violate the standards of conduct expected of community members.

Individuals and Entities Affected by this Policy
This policy applies to anyone on the property of NCC as well as anyone present at NCC‐sponsored programs or events. This policy extends to off‐campus violations of both students and employees in limited circumstances as noted below:

Students: Off‐campus misconduct may be subject to the jurisdiction of the College and addressed through its disciplinary procedures if one of the following conditions is met: (I) a student engages in prohibited conduct at an official College event, at a College‐sanctioned event, or at an event sponsored by a recognized student organization; or (II) a student engages in prohibited conduct under such circumstances that reasonable grounds exist for believing that the accused student poses a threat to the life, health or safety of any member of the College community or to the property of the College.

Employees: The decision of whether to  investigate and discipline employees for off‐campus misconduct will be made by the appropriate College administrator on a case‐by‐case basis in accordance with collective bargaining agreements, NCC/College policies, and state regulations.

Statement of Policy
The Board of Regents for Higher Education (BOR) in conjunction with the Connecticut State Colleges and Universities (CSCU) is committed to insuring that each member of every BOR governed college and College community has the opportunity to participate fully in the process of education and development. The BOR and CSCU strive to maintain a safe and welcoming environment free from acts of sexual misconduct and intimate partner violence. It is the intent of the BOR and each of its colleges or universities to provide safety, privacy and support to victims of sexual misconduct and intimate partner violence.

The BOR strongly encourages victims to report any instance of sexual misconduct, including sexual harassment, sexual assault, sexual exploitation, stalking   and intimate partner violence, as an effective means of taking action by reporting such acts to the appropriate officials and pursuing criminal or disciplinary remedies, or both. The only way that action can be taken against anyone who violates  another in such a manner is through reporting. Each and every BOR governed college and university shall provide those who report sexual misconduct with many supportive options, including referral to agencies that provide medical attention, counseling, legal services, advocacy, referrals and general information regarding sexual misconduct. Each and every BOR governed college and university will preserve the confidentiality of those who report sexual misconduct to the fullest extent possible and allowed by law. All BOR and CSCU employees, victim support persons and community victim advocates being consulted will make any limits of confidentiality clear before any disclosure of facts takes place. Other  than confidential resources as defined above, in addition to employees who qualify as Campus Security Authorities  under the Jeanne Clery Act, all BOR and CSCU employees are required to immediately communicate to the institution’s designated recipient any disclosure or report of sexual misconduct received from a student as well as communicate any disclosure or report of sexual misconduct the employee received from another employee when misconduct is related to the business of the institution.

Affirmative consent must be given by all parties before engaging in sexual activity. Affirmative consent means an active, clear and voluntary agreement by a person to engage in sexual activity with another person. Sexual misconduct, as defined herein, is a violation of BOR policies and, in addition, may subject an accused student or employee to criminal penalties. The BOR and each of its governed colleges and universities are committed to providing an environment free of personal offenses. Sexual relationships of any kind between staff, faculty and students are discouraged pursuant to BOR policy.

The Board of Regents for Higher Education hereby directs the Connecticut State Colleges and Universities to implement the Policy stated above pursuant to the following provisions:

Terms and Usage
Consent must be affirmed and given freely, willingly, and knowingly of each participant to desired sexual involvement. Consent is a mutually affirmative, conscious decision – indicated clearly by words or actions – to engage in mutually accepted sexual contact. Consent may be revoked at any time during the sexual activity by any person engaged in the activity.

Affirmative consent may never be assumed because there is no physical resistance or other negative response. A person who initially consents to sexual activity shall be deemed not to have affirmatively consented to any such activity which occurs after that consent is withdrawn. It is the responsibility of each person to assure that he or she has the affirmative consent of all persons engaged in the sexual activity to engage in the sexual activity and that affirmative consent is sustained throughout the sexual activity. It shall not be a valid excuse to an alleged lack of affirmative consent that the student or employee responding to the alleged violation believed that the student reporting or disclosing the alleged violation consented to the activity (i) because the responding student or employee was intoxicated or reckless or failed to take reasonable steps to ascertain whether the student or employee reporting or disclosing the alleged violation affirmatively consented, or (ii) if the responding student or employee knew or should have known that the student or employee reporting or disclosing the alleged violation was unable to consent because the student or employee was unconscious, asleep, unable to communicate due to a mental or physical condition, or incapacitated due to the influence of drugs, alcohol or medication. The existence of a past or current dating or sexual relationship between the persons involved in the alleged violation shall not be determinative of a finding of affirmative consent.

Report of sexual misconduct is the receipt of a communication of an incident of sexual misconduct accompanied by a request for an investigation or adjudication by the institution.

Disclosure is the receipt of any communication of an incident of sexual misconduct that is not accompanied by a request for an investigation or adjudication by the institution.

Sexual misconduct includes engaging in any of the following behaviors:

(a) Sexual harassment, which can include any unwelcome sexual advance or request for sexual favors, or any conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment; submission to or rejection of such conduct by an individual is used as a basis for academic or employment decisions affecting the individual; or such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance or creating an intimidating, hostile or offensive educational or employment environment.

Examples of conduct which may constitute sexual harassment include but are not limited to:

• Sexual flirtation, touching, advances or propositions
• Verbal abuse of a sexual nature
• Pressure to engage in sexual activity
• Graphic or suggestive comments about an individual’s dress or appearance
• Use of sexually degrading words to describe an individual
• Display of sexually suggestive objects, pictures or photographs
• Sexual jokes
• Stereotypic comments based upon gender
• Threats, demands or suggestions that retention of one’s educational status is contingent upon toleration of or acquiescence in sexual advances.

Retaliation is prohibited and occurs when a person is subjected to an adverse employment or educational action because he or she made a complaint under this policy or assisted or participated in any manner in an investigation.

(b) Sexual assault shall include but is not limited to a sexual act directed against another person without the consent (as defined herein) of the other person or when that person is not capable of giving such consent. Sexual assault is further defined in sections 53a‐70, 53a‐70a, 53a‐70b, 53a‐71, 53a‐72a, 53a‐72b and 53a‐73a of the Connecticut General Statutes.

(c) Sexual exploitation occurs when a person takes non‐consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not otherwise constitute one of the preceding sexual misconduct offenses.

Examples of behavior that could rise to the level of sexual exploitation include:

• Prostituting another person;
• Non‐consensual visual (e.g., video, photograph) or audio‐recording of sexual activity;
• Non‐consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
• Going beyond the bounds of consent (for example, an individual who allows friends to hide in the closet to watch him or her having consensual sex);
• Engaging in non‐consensual voyeurism;
• Knowingly transmitting an STI, such as HIV to another without disclosing your STI status;
• Exposing one’s genitals in non‐consensual circumstances, or inducing another to expose his or her genitals; or
• Possessing, distributing, viewing or forcing others to view illegal pornography.

Sexual exploitation is further defined as a crime in Connecticut State Law.

(d) Intimate partner, domestic and/or dating violence means any physical or sexual harm against an individual by a current or former spouse of or person in a dating or cohabitating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a‐70, 53a‐70a, 53a‐70b, 53a‐71, 53a‐72a, 53a‐72b or 53a‐73a of the general statutes, stalking under section 53a‐181c, 53a‐181d or 53a‐181e of the general statutes, or domestic or family violence as designated under section 46b‐38h of the general statutes. This includes any physical or sexual harm against an individual by a current or former spouse or by a partner in a dating relationship that results from (1) sexual assault (2) sexual assault in a spousal or cohabiting relationship; (3) domestic violence; (4) sexual harassment (5) sexual exploitation, as such terms are defined in this policy.

Offenses that are designated as “domestic violence” are against family or household members or persons in dating or cohabitating relationships and include assaults, sexual assaults, stalking, and violations of protective or restraining orders issued by a Court. Intimate partner violence may also include physical abuse, threat of abuse, and emotional abuse.

• Physical abuse includes, but is not limited to, slapping, pulling hair or punching.
• Threat of abuse includes but is not limited to, threatening to hit, harm or use a weapon on another (whether victim or acquaintance, friend or family member of the victim) or other forms of verbal threat.
• Emotional abuse includes but is not limited to, damage to one’s property, driving recklessly to scare someone, name calling, threatening to hurt one’s family members or pets and humiliating another person.
• Cohabitation occurs when two individuals dwell together in the same place as if married.
• The determination of whether a “dating relationship” existed is to be based upon the following factors: the reporting victim’s statement as to whether such a relationship existed, the length of the relationship, the type of the relationship and the frequency of the interaction between the persons reported to be involved in the relationship.

(e) Stalking, which is defined as repeatedly contacting another person when contacting person knows or should know that the contact is unwanted by the other person; and the contact causes the other person reasonable apprehension of imminent physical harm or the contacting person knows or should know that the contact causes substantial impairment of the other person’s ability to perform the activities of daily life. As used in this definition, the term “contacting” includes, but is not limited to, communicating with (including internet communication via e‐mail, instant message, on‐ line community or any other internet communication) or remaining in the physical presence of the other person.

Confidentiality
When a BOR governed college or university receives a report of sexual misconduct all reasonable steps will be taken by the appropriate CSCU officials to preserve the privacy of the reported victim while promptly investigating and responding to the report. While the institution will strive to maintain the confidentiality of personally identifiable student information reported, which information is subject to privacy requirements of the Family Education Rights Privacy Act (FERPA), the institution also must fulfill its duty to protect the campus community.

Confidential resources are defined as follows: For the Universities, entities with statutory privilege, which include campus based counseling center, health center and pastoral counseling staff members whose official responsibilities include providing mental health counseling to members of the University community as well as off campus counseling and psychological services, health services providers, member(s) of the clergy, and the local Sexual Assault Crisis Center and Domestic Violence Center. For the Colleges, confidential resources are limited to entities with statutory privilege, such as off campus counseling and psychological services, health services providers, member(s) of the clergy, and the local Sexual Assault Crisis Center and Domestic Violence Center. The personnel of these centers and agencies are bound by state statutes and professional ethics from disclosing information about reports without written releases.

Information provided to a confidential resource by a victim of a sexual misconduct or the person reported to have been the victim of sexual misconduct cannot be disclosed legally to any other person without consent, except under very limited circumstances, such as an imminent threat of danger to self or others or if the reported victim is a minor. Therefore, for those who wish to obtain the fullest legal protections and disclose in full confidentiality, she/he must speak with a confidential resource. Each BOR governed college and university will provide a list of such confidential resources in the College or University’s geographic region to victims of sexual misconduct as well as publish these resources on‐line and in various publications.

Where it is deemed necessary for the institution to take steps to protect the safety of the reported victim and/or other members of the campus community, the institution will seek to act in a manner so as not to compromise the privacy or confidentiality of the reported victim of sexual misconduct to the extent reasonably possible.

Mandated Reporting by College and College Employees
Other than confidential resources as defined above, in addition to employees who qualify as Campus Security Authorities under the Jeanne Clery Act, all employees are required to immediately communicate to the institution’s designated recipient (e.g., Title IX Coordinator) any disclosure or report of sexual misconduct received from a student regardless of the age of the reported victim. All employees are also required to communicate to the institution’s designated recipient (e.g., Title IX Coordinator) any disclosure or report of sexual misconduct received from an employee that impacts employment with the institution or is otherwise related to the business of the institution.

Upon receiving a disclosure or a report of sexual misconduct, employees are expected to supportively, compassionately and professionally offer academic and other accommodations and to provide a referral for support and other services.

Further, in accordance with Connecticut State law, with the exception of student employees, any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer who, in the ordinary course of their employment, has a reasonable cause to suspect or believe that a person under the age of 18 years has been abused or neglected, has been placed in imminent harm or has had a non‐accidental injury is required by law and Board policy to report the incident within twelve hours to their immediate supervisor and to the Department of Children and Families.

Rights of Parties
Those who report any type of sexual misconduct to any BOR governed college or university employee will be informed in a timely manner of all their rights and options, including the necessary steps and potential outcomes of each option. When choosing a reporting resource the following information should be considered:

• All reports of sexual misconduct will be treated seriously and with dignity by the institution.
• Referrals to off‐campus counseling and medical services that are available immediately and confidential, whether or not those who report feel ready to make any decisions about reporting to police, a college or university employee or the campus’s Title IX Coordinator.
• Those who have been the victim of sexual misconduct have the right to take both criminal and civil legal action against the individual allegedly responsible.
• Those who seek confidentiality may contact a clergy member(s), a University counseling center psychologist, a University health center care provider, the Sexual Assault Crisis Center of Connecticut and/or the Connecticut Coalition Against Domestic Violence − all of whom are bound by state statutes and professional ethics to maintain confidentiality without written releases.

Options for Changing Academic, Housing, Transportation and Working Arrangements
The President and C.O.O. will provide assistance to those involved in a report of sexual misconduct, including but not limited to, reasonably available options for changing academic, campus transportation, housing or working situations as well as honoring lawful protective or temporary restraining orders. Each and every BOR governed college and university shall create and provide information specific to its campus detailing the procedures to follow after the commission of such violence, including people or agencies to contact for reporting purposes or to request assistance, and information on the importance of preserving physical evidence, regardless of whether the victim chooses to report the sexual misconduct to Campus Security or local law enforcement.

Support Services
It is BOR policy that whenever a college or university Title IX Coordinator or other employee receives a report that a student, faculty or staff member has been subjected to sexual misconduct, the Title IX Coordinator or other employee shall immediately provide the student, faculty or staff member with contact information for and, if requested, professional assistance in accessing and using any appropriate campus resources, or local advocacy, counseling, health, and mental health services. All CSCU campuses shall develop and distribute contact information for this purpose as well as provide such information on‐line.

Right to Notify Law Enforcement & Seek Protective and Other Orders
Those who report being subjected to sexual misconduct shall be provided written information about her/his right to:

• notify law enforcement and receive assistance from campus authorities in making the notification;
• obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing Such orders include:
  • standing criminal protective orders;
  • protective orders issued in cases of stalking, harassment, sexual assault, or risk of injury to or impairing the morals of a child;
  • temporary restraining orders or protective orders prohibiting the harassment of a witness;
  • family violence protective

How to Apply for Relief from Abuse
NCC does not issue orders of protection. NCC will comply with State Law in recognizing orders of protection, restraining orders and no contact orders. In order to file an order of protection you must file your petition in family court in the county where you live. You must fill out an Application for Relief From Abuse form and an Affidavit Relief From Abuse Form. You must give the filled out forms to the court clerk. The forms must be signed in front of a clerk, notary public or lawyer. The forms will be reviewed by a Judge. The court will order your hearing to be held within 14 days from the date of the order. If the Judge grants your request for a restraining order, the clerk’s office will process the papers and give you the proper documentation. Provide a copy of a protective order to the NCC Campus Security Department, and they will in turn develop a plan to reduce the risk of harm while on campus.

 

Family Services Directory
Norwalk Family Services Office 17 Belden Avenue, Norwalk CT 06850 203.847.5825	Bridgeport Family Services Office 1061 Main Street, Bridgeport, CT 06604 203.579.6513
Stamford Family Services Office 123 Hoyt Street, Stamford, CT 06905 203.965.5282	New Haven Family Services Office 235 Church Street, New Haven, CT 06510 203.503.6820

Employee Conduct Procedures
Employees who are reported to have engaged in sexual misconduct are subject to discipline in accordance with the procedures applicable to the employee’s classification of employment.

Student Conduct Procedures
The Student Code of Conduct provides the procedures for the investigation, definitions of terms, and resolution of complaints regarding student conduct, including those involving sexual misconduct, as defined herein.

The Title IX Coordinator can assist in explaining the student conduct process. The Student Code of Conduct provides an equal, fair, and timely process (informal administrative resolution or a formal adjudication) for reported victims and accused students.

Reported victims of sexual misconduct shall have the opportunity to request that an investigation or disciplinary proceedings begin promptly; that such disciplinary proceedings shall be conducted by an official trained annually in issues relating to sexual misconduct and shall use the preponderance of the evidence (more likely than not) standard in making a determination concerning the alleged sexual misconduct.

Both the reported victim of sexual misconduct and the accused student are entitled to be accompanied to any meeting or proceeding relating to the allegation of sexual misconduct by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled and provided such an advisor or support person may not directly address the Hearing Body, question witnesses or otherwise actively participate in the hearing process or other meeting pertaining to a report of sexual misconduct and each student shall have the opportunity to present evidence and witnesses on her/his behalf during any disciplinary proceeding.

Both the reported victim and accused student are entitled to be provided at the same time written notice of the results of any disciplinary proceeding, normally within one (1) business day after the conclusion of such proceeding, which notice shall include the following: the name of the accused student, the violation committed, if any, and any sanction imposed upon the accused student. Sanctions may range from a warning to expulsion, depending upon the behavior and its severity of the violation(s). The reported victim shall have the same right to request a review of the decision of any disciplinary proceeding in the same manner and on the same basis as shall the accused student; however, in such cases, if a review by any reported victim is granted, among the other actions that may be taken, the sanction of the disciplinary proceeding may also be increased. The reported victim and the accused student are entitled to be simultaneously provided written notice of any change in the results of any disciplinary proceeding prior to the time when the results become final as well as to be notified when such results become final.

In accordance with the Family Educational Rights and Privacy Act (FERPA), the accused student and the reported victim have the right to keep their identities confidential.

Dissemination of this Policy
Upon adoption by the Board all CSCU institutions shall, upon receipt, immediately post and maintain this policy at all times in an easily accessible manner on each institution’s website. This policy shall thereafter be annually provided to all Title IX Coordinators, campus law enforcement officers and security personnel, and other campus personnel. Further, this policy shall be presented at student orientation and at student awareness and prevention trainings, and made broadly available at each campus. The policy shall be expanded upon by each institution to provide resources and contact information specific to their institution and geographic area as set forth above.

Professional and Pastoral Counselors
NCC protects the rights of survivors and witnesses of crimes and provides a wide variety of services to students in terms of counseling, mental health, addiction referrals, family support groups, sexual assault services and external local agencies. The NCC Security Department encourages all licensed mental health professionals to refer persons they are counseling to report crimes on a voluntary, confidential basis by contacting the Director of Campus Security, if and when they deem appropriate. There are no pastoral services on campus, however detailed information on the providers list can be found at the Counseling Center, located in the East Campus, room E104.

Sanctions and Protective Actions

How to File a Disciplinary Complaint
Any person who wants to file a disciplinary complaint must fill out a student or employee complaint form, and schedule an appointment with the Title IX Officer. At the time of the appointment, The Title IX Officer will discuss the allegations and determine if the allegations fall under her jurisdiction, or if the case need be referred to the Dean of Students or the Human Resource Department. If It falls under Title IX jurisdiction, the Title IX Officer will begin the process of gathering information and evidence that the complainant may have. The Title IX Officer will contact the alleged perpetrator to inform them of the complaint filed against him/her, and schedule an appointment to discuss the allegations. At this time, the perpetrator will have the opportunity to present their side and any evidence they might have. If either side wishes to provide witnesses to help support their case, the Title IX Officer will schedule appointments to meet with the witnesses and determine if they have information pertinent to the investigation. The process can take between 1-3 weeks depending on the actual complaint as well as the participation of the complainant, the alleged and the witnesses (if any).

Disciplinary Policies and Procedures
The submission of an application for admission to NCC represents a voluntary decision to participate in the programs and courses offered by the Institution according to the policies, rules and regulations of the College and the BOR. Each student is guaranteed the privilege of exercising his or her rights without fear of prejudice. Conduct by any student that adversely affects the NCC community’s pursuit of its educational objectives or represents a threat to its students, faculty or staff, will result in disciplinary action. The BOR/CSCU Student Code of Conduct and the student disciplinary policies and procedures can be found on online. The Dean of Students is responsible for the administration of all student disciplinary procedures. According to the BOR Student Code of Conduct, The Dean of Students may immediately place restrictions on or suspend a student on an interim basis if, in the judgement of the Dean, the continued presence of the student at the College or continued participation in full range of college activities poses a danger to persons or property or constitutes an ongoing threat of disrupting the academic process.

The College’s disciplinary process includes a prompt, fair and impartial investigation and resolution process.

The Title IX Officer will determine on a case by case basis if a student has violated the Student Code of Conduct as it pertains to dating violence, domestic violence, sexual assault and stalking. The Title IX Officer will make a recommendation based on the type of allegation, and forward her recommendation to the Dean of Students for disciplinary actions. A student can be expelled, put on probation, and/or required to attend awareness/prevention trainings. If the Title IX Officer is unable to substantiate a complaint of dating violence, domestic violence, sexual assault or stalking, she will reach out to the parties involved, and inform them of her decision. The Title IX Officer may suggest they attend awareness/prevention training and provide them with helpful resources on and off campus. For employees, if the Title IX Officer has determined that an employee has violated any policies as it pertains to dating violence, domestic violence, sexual assault or stalking, she will make a recommendation based on the type of allegation, and forward her recommendation to the Director of Human Resources for disciplinary action. An employee may be put on paid or unpaid leave while the investigation is ongoing if it is determined that they pose a risk or danger to anyone. If it is determined they are not a risk or danger, they will be asked to avoid contact or communication with the complainant while the investigation is taking place.

Members of the College community may contact the Title IX coordinator in order to seek information about courses of action available to resolve reports or complaints that involve sexual misconduct; to file a complaint or otherwise make a report of sexual misconduct; to get information about available resources and support services available to victims of sexual misconduct, and; to ask any questions concerning the College’s policies and procedures relating to sexual misconduct. NCC recognizes that allegations of sexual misconduct are a sensitive subject for all parties involved and is committed to maintaining the privacy of the parties involved to the fullest extent possible, consistent with applicable law and the need for investigation and resolution. NCC, through the Title IX coordinator, may investigate and take reasonable action even when the individual making a report of sexual misconduct requests anonymity or requests that no action be taken. Thus, absolute confidentiality cannot be guaranteed. In all cases, the College will take care to protect the identity of the parties through processes that provide for discussion of the allegations only among those who have a legitimate administrative, investigative, or legal need to know.

All reports of sexual misconduct will be taken seriously and investigated as appropriate. For any hearing conducted involving allegations of sexual misconduct, including sexual harassment, sexual assault, sexual exploitation, stalking and intimate partner violence, the reported victim and the accused student shall each have the following rights:

1. At any meeting or proceeding, both the reported victim and accused student may be accompanied by an advisor or support person of the student’s choice provided the advisor or support person does not cause a scheduled meeting or hearing to be delayed or postponed and provided an advisor or support person may not directly address the Hearing Body, question witnesses, or otherwise actively participate in the hearing process (or other proceeding or pertaining to a report of sexual misconduct);
2. The reported victim of sexual misconduct is entitled to request that disciplinary proceedings begin promptly;
3. Any hearing regarding an accusation of sexual misconduct shall (i) be fair, prompt and impartial; (ii) be conducted by a Hearing Body annually trained in issues relating to sexual misconduct (iii) use the preponderance of evidence (more likely than not ) standard; (iv) shall allow both the accused student and reported victim the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding; (v) shall provide both the accused student and the reported victim with equal access to any information that will be used during meetings and hearings; and (vi) invoke the standard of “affirmative consent1” in determining whether consent to engage in sexual activity was given by all persons who engaged in sexual activity .
4. In accordance with the Family Educational Rights and Privacy Act (FERPA), the accused student     and the reported victim have the right to keep their identities confidential;
5. Any reported victim shall be provided written notice of the decision of the Hearing Body at the same time as the accused student, normally within one (1) business day after the conclusion of the Hearing. In accordance with the Family Educational Rights and Privacy Act (FERPA) the notice to any reported victim of sexual misconduct shall contain only the following: the name of the accused student, the violation committed, if any, and any sanction imposed against the accused student.
6. The reported victim shall have the same right to request a review of the decision of the Hearing Body (appeal rights) in the same manner and on the same basis as shall the accused student; however, if a request for review by a reported victim is determined to be properly made and if the review determines there is sufficient grounds for altering the decision of the Hearing Body, among the other actions that may be taken as set forth above, the sanction of the hearing may also be increased. Notwithstanding the foregoing, in any hearing pertaining to sexual misconduct both the reported victim and the accused student are entitled to be simultaneously provided notice of any change in the results of the hearing prior to the time when the results become final as well as to be notified when such results become final.

Sanctions
According to the BOR Student Code of Conduct, the prior conduct record of a Student shall be considered in determining the appropriate sanction for a Student who has been found to have violated any part of Section I.D. of this Code. Sanctions shall be progressive in nature that is, more serious sanctions may be imposed if warranted by the prior conduct record of the Student.

A “Sanction” may be any action affecting the status of an individual as a Student taken by the College in response to a violation of this Policy, and for the purposes of this Section III of the Code include but are not limited to the following:

1. Expulsion is a permanent separation from the College that involves denial of all Student privileges, including entrance to College premises;
2. Suspension is a temporary separation from the College that involves denial of all Student privileges, including entrance to college premises for the duration of the suspension, and may include conditions for reinstatement;
3. Removal of College Privileges involves restrictions on Student access to certain locations, functions and/or activities but does not preclude the Student from continuing to pursue his/her academic program;
4. Probation is a status that indicates either (a) serious misconduct not warranting expulsion, suspension, or removal of College privileges , or (b) repetition of misconduct after a warning has been imposed;
5. A Warning is a written notice to the Student indicating that he or she has engaged in conduct that is in violation of Section I.D. of this Code and that any repetition of such conduct or other conduct that violates this Code is likely to result in more serious sanctions;
6. Community Restitution requires a Student to perform a number of hours of service on the campus or in the community at large.

Employees who are reported to have engaged in sexual misconduct are subject to discipline in accordance with the procedures applicable to the employee’s classification of employment.

Policy Disclosure to the Alleged Victim
NCC will, upon written request, disclose to the alleged victim of a crime of violence or a non-forcible sex offense 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, NCC will provide the results of the disciplinary hearing to the victim’s next of kin, if requested.