MCC Police Annual Security Report

The Jeanne Clery Campus Safety Act (20 USC § 1092(f)) is a significant federal law, originally called the Campus Security Act, which requires colleges and universities across the United States to disclose information about crimes on and near their campuses. The “Clery Act” is named in memory of 19-year-old Lehigh University freshman Jeanne Ann Clery, who was sexually assaulted and murdered while sleeping in her residence hall room on April 5, 1986. The law is linked to an institution’s participation in federal student financial aid programs and applies to most higher education institutions, both public and private. The Clery Act is enforced by the United States Department of Education.

Among other requirements, the Clery Act mandates that colleges and universities:

Publish an Annual Security Report by Oct. 1 of each year that covers three calendar years of specific campus crime statistics, along with security policies, procedures and information about the rights of victims of sexual assault, domestic violence, dating violence and stalking. The law requires schools to make the report available to all current students and employees and to notify prospective students and employees of its availability, providing a copy upon request. Schools may meet this requirement online if they inform recipients and clearly specify the online location of the report.

Institutions with police or security departments must keep a public crime log that records the “nature, date, time and general location of each crime” along with its disposition, if known.

Incidents must be recorded in the log within two business days. The log must be accessible to the public during regular business hours, stay open for 60 days and then be made available within two business days upon request.

Crime statistics for incidents on campus must be disclosed and provided to the U.S. Department of Education immediately, prominently displayed in public areas near or on the campus, and at certain noncampus facilities. The statistics should be gathered from campus police or security, local law enforcement and other school officials (Campus Security Authorities) who have “significant responsibility for student and campus activities.” The Clery Act requires reporting of the specified crimes and law violations.

The Clery Act requires reporting of the following crimes and law violations:

The Metropolitan Community College Police Department (commonly known as MCC Police) was established in October 2010 in response to a national trend encouraging public postsecondary institutions to develop their own dedicated law enforcement agencies. These agencies provide quicker response times to incidents, tailored campus services and an enhanced ability to maintain safety in educational settings.

MCC Police has primary jurisdiction and is responsible for investigating crimes and delivering law enforcement services across all MCC locations within the College's four-county service area. Sworn police officers are assigned to the Elkhorn Valley, Fort Omaha and South Omaha campuses, with coverage extended to other MCC locations as needed.

Authority and certification

MCC Police is officially recognized as a law enforcement agency by the Nebraska Commission on Law Enforcement and Criminal Justice. All MCC Police officers are commissioned and certified as Nebraska law enforcement officers. Additionally, officers are appointed by the governor of Nebraska as special deputy state sheriffs, granting them extraterritorial jurisdiction. This designation authorizes MCC officers to arrest and enforce state laws in any city or county where MCC properties are located, and to exercise authority statewide for crimes originating on MCC property.

All commissioned officers receive annual state-mandated training and ongoing continuing education to maintain their certification and effectiveness in the field.

Public Safety Officers

In addition to its sworn officers, the department employs Public Safety Officers (PSOs). While PSOs are noncommissioned, unarmed and do not have arrest powers, they play a vital role in maintaining security. PSOs receive specialized training in life safety, security practices and in responding to various situations on campus.

MCC Police Dispatch Center

The MCC Police Dispatch Center serves as the central hub for coordinating law enforcement and public safety operations across all MCC campuses. It operates 24 hours a day, seven days a week, including holidays, providing continuous monitoring, communication and emergency response capabilities.

The Dispatch Center is staffed by trained police communication dispatchers who are responsible for:

• Receiving and managing emergency and nonemergency calls
• Dispatching MCC Police officers and PSOs to campus locations
• Maintaining real-time radio communication with officers in the field
• Monitoring the College's security camera systems, along with intrusion alarms and fire detection systems
• Documenting incidents, tracking officer activity and maintaining situational awareness

By actively monitoring security cameras, intrusion alarms and fire detection systems, dispatchers can quickly detect emergencies or suspicious activity and coordinate appropriate responses. This proactive oversight plays a critical role in ensuring the safety and security of MCC students, faculty, staff and visitors.

To report an incident or request assistance, contact the MCC Police Dispatch Center at 531-622-2222.

Crime reporting and compliance

MCC Police submits a monthly Uniform Crime Report to the Nebraska Crime Commission as required for inclusion in national crime statistics published by the Federal Bureau of Investigation.

All students, faculty, staff and visitors are strongly encouraged to report crimes, suspicious activity or emergencies to MCC Police as soon as possible. Under Nebraska state law, MCC Police reports are public records and cannot be held in confidence.

College personnel have the authority to request valid identification (e.g., student ID, driver’s license or state ID) from anyone on campus. In emergencies involving crime, fire, medical issues or other immediate threats, individuals are encouraged to call 911 without delay.

Crime prevention and resources

The mission of MCC Police is to provide a safe and secure environment that supports and enhances the educational mission of MCC. Crime prevention is a core priority at all MCC campuses.

Visit mccneb.edu/Police to access resources and important documentation, including:

• Student Help and Referral (SHARE)
• Student conduct
• Title IX
• Workplace violence reduction
• Crime prevention and personal safety tips
• Emergency Procedures Handbook
• Campus Security Authority Reporting Form for Staff
• Report of Injury
• Online Statement Form
• Sexual assault awareness
• Drug-Free Schools and Community Act
• Daily Crime Log

Threat Assessment Matrix For assistance, questions or to report an incident, contact the MCC Police at 531-622-2222, available 24/7 to support the safety of the MCC community.

Campus Security Authorities (CSAs) are individuals responsible for overseeing student and campus activities. This includes campus police/security staff, student services professionals, Title IX officials and advisors to student groups.

CSAs at MCC undergo annual training. This training provides them with the knowledge and tools needed to understand their responsibilities under the Jeanne Clery Act, including recognizing and reporting Clery-reportable crimes, maintaining confidentiality and supporting campus safety efforts. By completing this standardized training each year, CSAs help ensure accurate crime reporting and contribute to a safe and informed college community.

Fort Omaha Campus
Hector M. Martinez
Executive director of the Student Center, Building 23
hmmartinez@mccneb.edu
531-622-2643

Elkhorn Valley Campus
Thomas Gilmore
Executive director of the Elkhorn Valley Campus
tegilmore@mccneb.edu
531-622-1374

South Omaha Campus
Kyran Connor
Executive director of the South Omaha Campus
531-622-2608
Kconnor3@mccneb.edu

Areawide
Julie A. Langholdt
Title IX coordinator
Dean of Compliance and Financial Aid
531-622-2202
jlangholdt@mccneb.edu

General Information
Hollie Knake
Associate vice president for
Student Affairs
klknake@mccneb.edu
531-622-1303

A complete list of MCC CSAs can be found on our website.

All students, faculty, staff and visitors are encouraged to report all crimes and emergencies to MCC Police promptly.

The College will protect the confidentiality of victims. Only those who need to know the victim’s identity for purposes such as investigating the crime, assisting the victim or disciplining the perpetrator will be informed. Under the College’s sexual harassment policy, when an employee who is not a confidential resource becomes aware of alleged misconduct (including but not limited to dating violence, domestic violence, sexual assault and stalking), that employee is responsible for reporting the information, including the status of the parties if known, to the Title IX Coordinator. A victim of other types of crimes (e.g., aggravated assault, burglary, etc.) who does not wish to pursue action through the College disciplinary system or the criminal justice system is still encouraged to file a confidential report with a CSA. Upon the victim’s request, a report detailing the incident can be filed with the College without revealing the victim’s identity. This confidential report respects the victim’s wishes but still allows the College to take appropriate steps to ensure the future safety of the victim and others. With such information, the College can keep an accurate record of incident numbers involving members of the campus community, identify patterns of crime and alert the community to potential dangers. These confidential reports are compiled and included in the College’s annual crime statistics.

Emergency: 911

MCC Police: 531-622-2222

When contacting the MCC Police, provide the following information:

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

MCC will promptly alert the campus community to Clery Act-specific crimes to help prevent similar incidents. The goal of a timely warning is to allow people time to protect themselves. Warnings will be issued as soon as relevant and verified information is available. MCC may not have all the details of a criminal incident, however, if a serious and ongoing threat to students and staff exists, MCC Police will issue a prompt warning about the type of crime that has occurred.

Timely warning scope: Narrow focus on Clery Act crimes.

Why: Timely warnings are triggered by crimes that have already occurred but represent an ongoing threat within the designated Clery Act geography that is reported to CSAs or a local law enforcement agency and is considered by the institution to represent a serious or continuing threat to students and employees.

How: Timely warnings are issued by broadcasting an emergency alert message through the following communication methods:

• MCC homepage
• MCC student email
• MCC employee email
• Digital signage on television monitors in commons areas
• Text messaging — students and employees can enroll through the College’s “Canvas/Student Links” (students) and “UNITY” (employees) portals at no charge (provider fees may apply)
• Alertus emergency alert beacons

MCC Police, in collaboration with MCC Facilities, oversees adding and removing keys and card access for staff, adjusts electronic door schedules, monitors alarmed areas and assists the College with access control needs. No keys may be duplicated by any department or individual. Campus buildings are generally accessible during regular office hours. Entry outside these times is restricted and requires prior approval.

Facilities are maintained with a focus on safety, including regular exterior lighting and security assessments. Video monitoring is installed at strategic locations across all College campuses. Specific buildings have cameras directed at higher-risk areas. MCC Police oversee the recording, storage and potential sharing of all video footage collected at MCC locations.

After-hours access requests: Call MCC Police at 531-622-2222.

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

Whenever a convicted sex offender enrolls at or is employed by a postsecondary institution, they are required to notify the state, which then must inform the college. As a policy, MCC Police will review the information of each reported sexual offender who becomes a student, volunteer or employee and assess the level of threat to campus safety. Sex Offender Registry information shall not be used to retaliate against the registrants, their families or their employers in any way. Vandalism as well as verbal or written threats of harm are illegal and will lead to arrest and prosecution.

During the academic year, various College offices, including Student Wellness, Student Engagement, Human Resources, Student Services and Academic Affairs, offer a range of educational programs to the College community. These programs address topics such as crime prevention, personal safety, substance abuse, mental health and related issues, and are delivered in different formats.

Here are some workshops, training sessions and programs available to students, faculty and staff:

Suicide Prevention Training: This training will help increase one’s knowledge and understanding of suicide, recognize warning signs, identify risk and protective factors and boost willingness and ability to intervene with a person at risk of suicide. It will also raise awareness of different MCC resources, as well as local and national resources available for students or other individuals in crisis.

Mental Health Awareness Workshop: This workshop raises awareness about mental health challenges commonly faced by students and provides practical strategies for managing stress, anxiety and other concerns. Participants will learn to recognize signs of mental health struggles in themselves and others and discover how to seek help. The session also introduces local and campus resources available for support.

Wellness and Self-Care Workshop: This workshop introduces students to the eight dimensions of well-being — emotional, physical, social, intellectual, occupational, environmental, financial and spiritual — and explores how each plays a vital role in overall health. Participants will learn practical tips and tricks for maintaining balance across these areas and discover effective self-care strategies to support their academic success and personal growth.

Cybersecurity Awareness for Employees at Educational Institutions — Security Awareness Essentials: While technology weaknesses always represent a security threat, one of the biggest threats to an organization’s security today is human error. Employees who are unaware of the risks associated with their personal internet and technology usage, or their role in securing their work environment, can create security vulnerabilities for themselves and the organization. By the end of this course, employees at educational institutions will be able to describe the ways they can help protect against cyberattacks, define an acceptable use policy and what it contains, explain best practices for protecting the security of smart devices and compare and contrast the pros and cons of “bringing your own device.”

Active Shooter Workshop: MCC Police will explain the “Run, Hide, Fight” model for responding to an active shooter incident, as presented by the Department of Homeland Security. In this one-hour presentation, MCC Police officers review the tactical options of Run, Hide and Fight by citing actual case studies of incidents, as well as the college’s response to these incidents.

De-escalation Techniques: Learn about how to properly de-escalate a situation with a person exhibiting anxious, hostile or challenging behavior. How you respond to the behavior is often the key to defusing it. De-escalation training gives you simple and effective techniques to:

• Identify warning signs that can lead to a crisis.
• Use verbal and nonverbal techniques to defuse a situation before it can become violent.
• Assess risk and choose the least restrictive intervention.
• Cope with fear and anxiety.
• Use disengagement skills to avoid injury.
• Keep yourself, your colleagues and the people in your care safe.

This training will equip individuals with proven skills and best practices in de-escalation. With safe, effective techniques, you’ll build confidence in stopping situations from spinning out of control. And you’ll increase your ability to prevent alarming situations from happening at all.

MCC Emergency Preparedness and Situational Awareness:

• Situational awareness for recognizing pre-incident indicators before a crisis occurs
• The survival mindset: Believing that you can take control and survive extreme violence
• Courses of action to take in an extreme violence situation like an active shooter, knife attack, bomb threat, rioting or even vehicle attacks
• What to do when law enforcement or SWAT teams arrive

Stop the Bleed: This in-person, hands-on class teaches the basics of identifying and treating life-threatening bleeding using tourniquets, wound packing and pressure dressings. It teaches what “immediate responders,” i.e., bystanders, can do to stop potentially fatal bleeding before emergency responders can arrive. In this one-hour course, participants are instructed on methods to stop bleeding at active shooter and mass casualty incidents. The MCC Police Department has the equipment and trained instructors to present this course.

MCC departments, faculty and students can also request crime prevention workshops for their groups by reaching out to the MCC Police Department.

MCC Student Wellness provides a variety of awareness activities and workshops throughout the year. Information about current offerings is available on our website.

MCC offers education and training to students and staff on topics such as sexual harassment, misconduct, sexual assault, acquaintance assault, domestic violence, dating violence and stalking. Their awareness and prevention efforts involve ongoing campaigns, strategies and initiatives.

Employee training and awareness

• All new employees must complete discrimination and harassment training.
• Responsible employees receive specialized training on their duties when responding to sexual assault reports, including how to support survivors.
• Ongoing education is offered through:
  • New employee orientation
  • Professional development sessions
  • Annual notifications and required online training.

Educational programs and workshops

Sexual Harassment Staff-to-Staff training: Covers the impact of harassment, legal responsibilities and strategies to maintain a harassment-free workplace.

Student training and awareness: Information on MCC policies, prevention and resources is shared through:

• New student orientation
• On-campus activities (electronic signage, flyers and website notices)
• Workshops
• Annual consumer information notifications
• Educational programs and workshops

Sexual assault prevention and advocacy: Presentations for students, faculty and staff on prevention, bystander intervention and survivor support, offered at orientations, classes and departmental meetings.

Community resource fairs: Held annually at all three main campuses and featuring agencies such as Catholic Charities of Omaha, Christian Outreach Program-Elkhorn, Heartland Workforce Solutions/WorkOpps, OneWorld Health Centers, Vocational Rehabilitation, Women’s Center for Advancement (WCA), Lutheran Family Services and the Nebraska Domestic Violence Sexual Assault Coalition.

Friday Fix Virtual Workshop – Self-Care and Healthy Mental Environment: Focuses on stress management, resilience, boundary setting and mental health resources.

WCA Campuswide Training: Educates participants on recognizing abusive relationship dynamics, preventing sexual assault, understanding local sexual violence statistics and connecting survivors to services through the WCA.

MCC policy prohibits students and employees from unlawfully possessing, using or distributing illicit drugs and/or alcohol on College property or during any College activities. Additionally, state and federal laws and applicable city ordinances related to the possession and use of alcoholic beverages and illicit drugs will also be enforced.

Students and employees violating these policies will be processed using the appropriate disciplinary procedures. Additionally, violators of these policies may be reported to proper authorities for legal action or possible arrest by law enforcement officials for apparent or suspected violation of local, state or federal laws.

The MCC Police Department publishes the Drug-Free School a nd Community Act brochure annually. The brochure includes standards of conduct; legal prohibitions and sanctions; health risks of drug and alcohol use; disciplinary actions; and drug and alcohol services. Visit mccneb.edu/Police to view the brochure.

Hazing is prohibited at MCC. All students and student organizations are expected to comply with the College’s hazing policy, which aligns with the Stop Campus Hazing Act and applicable state law.

Any intentional, knowing or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons — regardless of the willingness of such other person or persons to participate — in activities that endangers the physical health or safety of a student for the purpose of initiation into, admission into, affiliation with or continued membership in any organization (including but not limited to extracurricular, intramural, athletic, academic or social groups) operating in connection with the College, is strictly prohibited.

MCC prohibits and is committed to p reventing crimes such as dating violence, domestic violence, sexual assault, stalking and other acts of sexual misconduct, sexual discrimination and harassment within the College community, as defined by Violence Against Women Act (VAWA), Title IX, Nebraska law and College policy. These incidents can interfere with or hinder an individual’s ability to benefit from or fully participate in the College’s educational programs. Additionally, these incidents may cause serious physical and/or psychological harm.

The Violence Against Women Act (VAWA) is a landmark law designed to improve criminal justice and community responses to domestic violence, dating violence, sexual assault and stalking in the United States. Since it was enacted in 1994 and reauthorized in 2000, 2005 and 2013, VAWA has changed the environment for victims who previously remained silent. Victims of these crimes can now access various services, and a new generation of families and justice system professionals understand that domestic violence, dating violence, sexual assault and stalking are serious crimes that society will no longer tolerate.

Financial aid: MCC offers grants, scholarships, work-study opportunities and loans to eligible students. Details and application instructions are available at the Financial Aid Office and the College website.

Advocacy services: MCC Advocacy Services provides support and guidance when challenging circumstances or significant life events affect academics or personal life. Nonclinical advocacy counselors can also refer students to community agencies for services such as interpersonal counseling, financial aid and housing. Services are free, confidential and focused on supporting student well-being both on- and off-campus.

Emergency Department resources

• Bergan Mercy
  7500 Mercy Road
  Omaha, NE 68124
  Emergency Center: 402-398-6161
  chihealth.com/Locations/CUMC-Bergan-Mercy
• Methodist Hospital
  8303 Dodge St.
  Omaha, NE 68114
  bestcare.org/Methodist-Hospital
• Methodist Women’s Hospital
  707 N. 190th Plaza
  Omaha, NE 68022
  bestcare.org/Locations/Methodist-Womens-Hospital
  24-hour help line: 402-354-4424
• Nebraska Medical Center
  4378 Dewey Ave.
  Omaha, NE 68105
  Emergency Center: 402-552-2000
  unmc.edu

Immigration and refugee resources

• Nebraska Immigration Legal Assistance hotline (NILA): 855-307-6730

Legal aid resources

• Legal Aid of Nebraska
  209 S. 19th St., Suite 200
  Omaha, NE 68102
  402-348-1069
  legalaidofnebraska.org
• AccessNebraska
  800-383-4278
  accessnebraska.ne.gov/legalaid.asp

Mental health resources

• Community Alliance
  7150 Arbor St.
  Omaha, NE 68106
  402-341-5128
  community-alliance.org
• Heartland Family Service
  2101 S. 42nd St.
  Omaha, NE 68105
  402-552-7400
  heartlandfamilyservice.org
  info@HeartlandFamilyService.org
• Lasting Hope Recovery Center
  415 S. 25th Ave.
  402-717-5300
  chihealth.com/en/services/behavioral-care/lasting-hope
• Lutheran Family Services of Nebraska
  7929 West Center Road
  Omaha, NE 68124
  Office: 402-342-7038
  Counseling hotline: 855-659-2706
  lfsneb.org
• National Alliance on Mental Illness (NAMI) Central Nebraska
  6001 Dodge St.
  Omaha, NE 68182
  402-345-8101
  naminebraska.org
  info@naminebraska.org
• Nebraska Department of Health and Human Services
  402-471-3121
  dhhs.ne.gov/Pages/Behavioral-Health.aspx

Local law enforcement resources

• Douglas County Law Enforcement Center
  3601 N. 156th St.
  Omaha, NE 68116
  402-444-6641
  omahasheriff.org
• Omaha Police Department
  Emergency/requiring immediate police response: 911
  Nonemergency: 402-444-5600
  police.cityofomaha.org

Substance abuse resources

• CHI Health Outpatient Chemical Dependency Treatment (Immanuel)
  7101 Newport Ave.
  Omaha, NE 68152
  402-572-2916
  https://providers.chihealth.com/l/chi-health-outpatient-chemicaldependency-treatment-immanuel-4013
• CenterPointe Campus for Hope
  1490 N. 16th St.
  Omaha, NE 68102
  402-827-0570
  centerpointe.org/programs/campus-for-hope.html
  Residentialcfh@centerpointe.org
• Heartland Family Services
  2101 S. 42nd St.
  Omaha, NE 68105
  402-552-7400
  heartlandfamilyservice.org
  info@HeartlandFamilyService.org
• Lutheran Family Services
  7929 West Center Road
  Omaha, NE 68124
  Office: 402-342-7038
  Counseling hotline: 855-659-2706
  lfsneb.org
• Nebraska Department of Health and Human Services Treatment and Recovery
  402-471-3121
  dhhs.ne.gov/Pages/Addiction-Treatment-and-Recovery.aspx
• Valley Hope of Omaha
  11815 M St., #100
  Omaha, NE 68137
  402-809-5902
  valleyhope.org/Locations/Nebraska/Omaha-Treatment-Center

24-hour hotlines

• National Domestic Violence Hotline
  800-799-SAFE (7233)
  thehotline.org
• 988 Suicide & Crisis Lifeline
  988 (call or text)
• Crisis Text Line
  Text HOME to 741741 from anywhere in the United States, anytime, about any type of crisis. A live, trained crisis counselor receives the text and responds, all from a secure online platform. Find out more about how it works at crisistextline.org
• The Trevor Project — Suicide Prevention for LGBTQ+ Young People
  Hotline: 866-488-7386
  TrevorChat: Online instant messaging available 24/7
  TrevorText: Confidential and secure resource that provides live help for LGBTQ youth with a trained specialist over text messages 24/7. Text ‘START’ to 678-678.
• Veterans Crisis Line
  Dial 988, then press 1
  Text 838255
  Chat online: veteranscrisisline.net
• SAMHSA Treatment Referral Hotline (Substance Abuse)
  800-662-HELP (4357)
• National Sexual Assault Hotline
  800-656-HOPE (4673)
• Love is Respect (National Dating Abuse Helpline)
  866-331-9474
  Text LOVEIS to 22522

Informational resources

• Clery Center
  clerycenter.org
• Federal Student Aid
  studentaid.gov
• Know Your IX
  knowyourix.org
• Office of Civil Rights (U.S. Department of Education)
  The Office of Civil Rights within the U.S. Department of Education oversees and responds to all complaints of harassment or discrimination under Title IX.
  800-421-3481
  ed.gov/about/Ed-Offices/OCR
  OCR@ed.gov
• RAINN (Rape, Abuse and Incest National Network)
  rainn.org
• Victim Connect
  855-484-2846
  victimconnect.org
  victimconnect.org/Get-Help/VictimConnect-Chat

Applied Technology Center
10407 State St.
Omaha, NE 68122

Elkhorn Valley Campus
828 N. 204 St.
Omaha, NE 68022

Fort Omaha Campus
5300 N. 30 St.
Omaha, NE 68111

Fremont Area Center
835 N. Broad St.
Fremont, NE 68025

1. MCC at Makerspace
   1141 N. 11 St.
   Omaha, NE 68102
2. MCC at The Ashton
   1106 N. 12th St.
   Omaha, NE 68102
   • Dedicated east
     (12th Street) exterior entrance for MCC<
   • Lobby, Rooms 104 and 106
3. MCC at the Mastercraft
   1111 N. 13 St.
   Omaha, NE 68102
   • West exterior entrance from 13th St., Rooms 215 and 301

MCC at Yates Illuminates
3260 Davenport St.
Omaha, NE 68131

MCC North Express
2112 N. 30 St.
Omaha, NE 68111

MCC Sarpy Center
9110 Giles Rd.
La Vista, NE 68128

MCC Shipping & Receiving
1234 E. Hartman Ave.
Omaha, NE 68110
Shipping - Receiving - Asset Storage

MCC South Express
3002 S. 24 St.
Omaha, NE 68108

South Omaha Campus
2909 Edward Babe Gomez Ave.
Omaha, NE 68107

Sexual assault (Nebraska Revised Statutes 28-318; 28-319; 28-319.01; 28-320; 28-320.01; and 28-320.02)

Sexual penetration and/or sexual contact without the consent of the victim, regardless of either person’s gender, including situations where coercion, force or the threat of force was used; situations where the perpetrator knew or should have known that the victim was mentally or physically incapable of resisting or evaluating the nature of his or her conduct (i.e. mentally challenged, disabled, intoxicated, etc.); or where the perpetrator is 19 years of age or older and the victim is at least 12 but younger than 16. A victim must simply provide enough verbal or physical resistance to make the perpetrator aware of the lack of consent. Victims do not have to show continued resistance when they feel as though further resistance would be futile.

The following definitions apply:

Force or threat of force: The use of physical force which overcomes the victim’s resistance or the threat of physical force, expressed or implied, against the victim or a third person, where the threat places the victim in fear of their own death or serious personal injury, or that of a third person, and the victim reasonably believes that the perpetrator has the present or future ability to follow through with the threat.

Intimate parts: The genital area, groin, inner thighs, buttocks or breasts. Serious personal injury: Great bodily injury or disfigurement, extreme mental anguish or mental trauma, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.

Sexual contact: The intentional touching of the victim’s sexual or intimate parts, or the intentional touching of the victim’s clothing covering the immediate area of the victim’s sexual or intimate parts.

Sexual contact also means the touching, by the victim, of the perpetrator’s sexual or intimate parts, or the clothing covering the immediate area of the perpetrator’s sexual or intimate parts, when this touching is intentionally caused by the perpetrator. Sexual contact includes only that conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification of either party.

Sexual penetration: Sexual intercourse in its ordinary meaning, cunnilingus, fellatio and anal intercourse. It also includes the intrusion, however slight, of any part of the perpetrator’s or victim’s body, or any object manipulated by the perpetrator, into the genital or anal openings of the victim’s body. Sexual penetration does not require emission of semen.

Consent to sexual activity (Nebraska Revised Statutes 28-318)

“Consent” means agreement, approval or permission as to some act or purpose, given voluntarily by a competent person.

“Without consent” means:

1. The person was compelled to submit due to the use of force or threat of force or coercion.
2. The person expressed a lack of consent through words or conduct.
3. The consent, if any was actually given, was the result of the actor’s deception as to the identity of the actor or the nature or purpose of the act on the part of the actor.
4. The person need only resist, either verbally or physically, so as to make the person’s refusal to consent genuine and real, and so as to reasonably make known to the actor the person’s refusal to consent.
5. A person need not resist verbally or physically where it would be useless or futile to do so.

In the above text, the word “person” means the individual against whom a wrongful act was allegedly committed, and the word “actor” is the individual alleged to have committed a wrongful act. When the actor knew or should have known that a person was mentally or physically incapable of resisting or understanding the nature of his or her conduct, there is no consent. A person may be incapacitated due to intoxication, mental illness or deficiency, or by physical illness or disability to the extent that personal decision-making is impossible. Surprise may also prevent resistance, as where a person is grabbed from behind.

There are some persons who the law presumes are incapable of consenting to sexual contact or penetration by an actor by reason of their age. Under Nebraska law, an actor 19 years of age or older may not subject a person under the age of 16 years of age to sexual penetration or a person under 15 years of age to sexual contact.

Dating violence (Nebraska Revised Statutes 79-2,140)

A pattern of behavior where one person uses threats of, or actually uses physical, sexual, verbal or emotional abuse, to control his or her dating partner. Dating partner means any person, regardless of gender, involved in an intimate relationship with another person, primarily characterized by the expectation of affectionate/sexual involvement, whether casual (e.g., “friends with benefits”), serious or long-term. It is based on a consideration of length of relationship, type of relationship and the frequency of interaction between those involved in the relationship.

Domestic violence (Nebraska Revised Statutes 28-323)

A person intentionally and knowingly causes bodily injury to his or her intimate partner, threatens an intimate partner with imminent bodily injury or threatens an intimate partner in a menacing manner. Intimate partner, regardless of gender, means a spouse, a former spouse, persons who have a child in common, whether or not they have been married or lived together at any time, and persons who are or were involved in a serious dating relationship. Serious dating relationship means frequent, intimate associations primarily characterized by the expectation of affectionate or sexual involvement. It does not include a casual relationship or an ordinary association between persons in a business or social context.

Stalking (Nebraska Revised Statutes 28-311.03)

Engaging in a course of willful harassment of another person or a family or household member of such person with the intent to injure, terrify, threaten or intimidate commits the offense of stalking. Actions include, but are not limited to, deliberately following, detaining, contacting or harassing the person(s), or imposing any restraints on their personal liberty.

1. “Harass” means a knowing and willful course of conduct directed at a specific person that seriously terrifies, threatens or intimidates the person and which serves no legitimate purpose.
2. “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, indicating a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or physically stalking the person, or telephoning, texting, contacting or otherwise communicating with the person.
3. “Family or household members” include spouses, former spouses, children, persons who are presently or have previously resided together, persons who have a child in common (whether or not they have been married or have lived together at any time), other persons related by consanguinity or affinity, and persons who are presently or have previously been involved in a dating relationship with each other.