Initially approved August 4, 2020 (Effective August 14, 2020)
Technical Change: September 20, 2022
Revised and Renamed: July 30, 2024 (Effective August 1, 2024)
Policy Topic: Legal and Risk Management
Authority: Chancellor
Administering Office: Legal Counsel Office
Sexual harassment under Title IX of the Civil Rights Act of 1964 (Title IX) constitutes unlawful discrimination based on gender and threatens the University’s culture of civility and mutual respect. Western Carolina University (University or WCU) is committed to providing an educational and employment environment that is free from sex discrimination, sex-based harassment, and retaliation for engaging in protected activity.
WCU values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved.
To ensure compliance with federal, state, and local sex discrimination laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the education program or activity, WCU has developed The Prohibited Title IX Sex Discrimination, Sex-Based Harassment, and Retaliation Policy (Policy) and related Western Carolina University Title IX Procedures (Procedures) that provide for prompt, fair, and impartial resolution of allegations of sex discrimination, sex-based harassment, or retaliation.
Western Carolina University does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX and its regulations, including in admission, employment, and access to educational opportunities.
Therefore, any member of the University community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, residential and/or social access, benefits, and/or opportunities of any member of the University community, guest, or visitor on the basis of that person’s actual or perceived sex, is in violation of this Policy.
WCU will promptly and effectively address any such discrimination of which it has Knowledge/Notice using the resolution process in the WCU Title IX Procedures.
For inquiries about this Policy or for sex discrimination, sex-based harassment, and retaliation allegations under this Policy, please contact WCU’s Title IX Coordinator and Equity Officer:
Contact Information:
Deidre Hopkins, Title IX Coordinator and Equity Officer
Phone: 828.227.7116
Email: dshopkins@wcu.edu
Website: www.safe.wcu.edu
The Title IX Coordinator and Equity Officer is the University’s primary employee who oversees the University’s centralized response to and compliance with Title IX.
The Title IX Coordinator is responsible for providing comprehensive sex discrimination education and training; coordinating the University’s timely, thorough, and fair response, investigation, and resolution of all alleged prohibited conduct under this Policy; and monitoring the effectiveness of this Policy and related procedures to ensure an education and employment environment free from sex discrimination, sex-based harassment, and retaliation.
To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please refer to the reporting tool. https://cm.maxient.com/reporting.php?WesternCarolinaUniv
The University recognizes that allegations under this Policy may include multiple forms of sex discrimination and sex-based harassment, as well as violations of other University policies; may involve various combinations of students, employees, and other members of the University community; and may require the simultaneous attention of multiple University departments. Accordingly, all University departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable University policies, to provide uniform, consistent, efficient, and effective responses to alleged sex discrimination, sex-based harassment, or retaliation.
Title IX Team Contacts
The University’s Title IX Team is comprised of the following individuals, including the Title IX Coordinator, to coordinate and collaborate to deliver support, accommodations, and additional resources for individuals engaged in the Title IX process. This team is committed to ensuring a fair, responsive, and equitable approach to addressing Title IX issues, thereby fostering a safe and supportive community environment:
External Contact Information
Concerns about the University’s application of this Policy and compliance with certain federal civil rights laws may also be addressed to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline: 800.421.3481
Facsimile: 202.453.6012
TDD: 877.521.2172
Email: OCR@ed.gov
Website: http://www.ed.gov/ocr
For complaints involving employee-on-employee conduct, concerns may be addressed to:
Equal Employment Opportunity Commission (EEOC)
Charlotte District Office
123 West Trade Street, Suite 400
Charlotte, NC 28202
Phone: 800.669.4000
Facsimile: 704.951.6410
TTY: 800.669.6820
Website: https://www.eeoc.gov/field-office/charlotte/location
All University faculty and employees (including student-employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected sex discrimination, sex-based harassment, retaliation, and/or Other Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions. Supportive measures may be offered as a result of such disclosures without formal University action.
Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator and Equity Officer.
If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these employees will immediately provide Notice to the Title IX Coordinator and Equity Officer (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.
The following sections describe the University’s reporting options for a Complainant or third party (including parents/guardians when appropriate):
The University may recognize some public awareness events, such as “Take Back the Night,” as protected resources. Violations of this Policy disclosed during such events may be made in confidence, meaning that these reports will be shared with the Title IX Coordinator without identifying information and without triggering action by Western Carolina University except for reports that constitute a continuing threat to the health or safety of an individual or the campus community. Further exceptions include when a Complainant gives consent for identifying information to be reported. Information disclosed through a public awareness event is not considered notice of an act described in this Policy.
Failure of a Mandated Reporter, as described above in this section, to report an incident of discrimination, harassment, or retaliation of which they become aware is a violation of University Policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Mandatory Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under this Policy.
A Mandated Reporter who is themselves a target of discrimination, harassment, or other misconduct under this Policy is not required to report their own experience, though they are encouraged to do so.
Complainants may speak with individuals unaffiliated with the University who are not required to disclose information to the institution without permission:
This Policy is only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Title IX Coordinator and at [link].
This Policy applies to all faculty, employees, students, and other individuals participating in or attempting to participate in the University’s programs or activities, including education and employment.
This Policy prohibits all forms of sex discrimination, and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.
This Policy applies to the University’s education programs and activities (defined as including locations, events, or circumstances over which WCU exercises substantial control over both the Respondent and the context in which the sexual harassment occurred), circumstances where the University has disciplinary authority, and to misconduct occurring within any building owned or controlled by a student organization that is officially recognized by the University. A Complainant does not have to be a member of the University community to file a Complainant.
This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to the University’s education program or activities. This Policy may also apply to off-campus conduct and online conduct when the conduct affects a substantial University interest.
A substantial University interest includes:
For disciplinary action to be issued under this Policy, the Respondent must be a WCU faculty member, student, or employee at the time of the alleged incident. If the Respondent is unknown or is not a member of the University community, the Title IX Team will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). The University can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.
All vendors serving the University through third-party contracts are subject to the policies and procedures of their employers and/or to these policies and procedures to which their employer has agreed to be bound by their contracts.
Further, the Title IX Team may be able to assist and support a student or employee Complainant who experiences sex discrimination or sex-based harassment in an externship, study abroad program, or other environment external to the University where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the Title IX Coordinator if brought to their attention.
This Policy does not apply to student Complainants or Respondents at The Catamount School; however, it is applicable when both the Complainant and Respondent are employees of The Catamount School/WCU. The Catamount School’s Title IX Policy is located at [link].
The University will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged sex discrimination, sex-based harassment, and/or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered to restore or preserve access to the University’s education program or activity, including measures designed to protect the safety of all Parties and/or the University’s educational environment and/or to deter sex discrimination, sex-based harassment, and/or retaliation.
The Parties are provided with a timely opportunity to seek modification or reversal of the University’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Title IX Coordinator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the Title IX regulatory definition of supportive measures. The University will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances materially change. The University typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Title IX Coordinator.
The University addresses supportive measures in the WCU Title IX Procedures.
University policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the University’s education program and activities, or when they involve the use of university networks, technology, or equipment.
Although the University may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the University, it will engage in a variety of means to address and mitigate the effects.
Nothing in this Policy is intended to infringe upon or limit a person’s rights to free speech. Any online posting or other electronic communication by students, including technology-facilitated bullying, stalking, harassment, etc., occurring completely outside of the University’s control (e.g., not on University networks, websites, or between University email accounts) will only be subject to this Policy when such online conduct can be shown to cause (or will likely cause) a substantial in-program disruption or infringement on/harm to the rights of others. Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will still be available.
WCU strives to ensure that all individuals are safe, included, and respected in their education and employment environments, regardless of their gender identity or expression, including intersex, nonbinary, transgender, agender, two-spirit, and gender-diverse students and employees.
The University does not tolerate discrimination and harassment based on gender identity or expression. If a member of the University community believes they have been subjected to discrimination under this Policy, they should follow the appropriate reporting process described herein.
Students and employees are entitled to an educational and employment environment that is free of sex discrimination, sex-based harassment, and retaliation. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom.
The sections below describe the specific forms of legally prohibited sex discrimination, sex-based harassment, and retaliation that are also prohibited under University Policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of University Policy, though supportive measures will be offered to those impacted.
All offense definitions below encompass actual and/or attempted offenses. Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Allegation (NOA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions, accordingly.
Sanction Ranges are further described in the WCU Title IX Procedures.
The University uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that the University will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy(ies).
A Report provides Notice to the University of an allegation or concern about sex discrimination, sex-based harassment, or retaliation and provides an opportunity for the Title IX Team to provide information, resources, and supportive measures. A Complaint provides Notice to the University that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and decide later to make a Complaint. Reports or Complaints of sex discrimination, sex-based harassment, and/or retaliation may be made using any of the following options:
Reporting carries no obligation to initiate a Complaint, and in most situations, the University is able to respect a Complainant’s requests not to initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where the University may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, the University will maintain the privacy of information to extent possible, unless disclosure of identity is necessary to provide a particular supportive measure or to provide a safe and non-discriminatory environment to all members of the University community.
The University cannot withhold Complainant’s name from the Respondent once the University takes action that affects the Respondent.
The University will act on any Notice, Complaint, or Knowledge of a potential violation of this Policy that the Title IX Coordinator or any other Mandated Reporter receives by applying the Resolution Process outlined in the WCU Title IX Procedures. Equal opportunity, harassment, and nondiscrimination grievance processes are further detailed in WCU Title IX Procedures.
There is no time limitation on providing Notice/Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the University’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.
Acting on Notice/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Title IX Coordinator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.
Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.
Witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate University policies.
The University makes every effort to preserve the Parties’ privacy. The University will not share the identity of any individual who has made a Complaint of sex discrimination, sex-based harassment, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of sex discrimination, sex-based harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes of, applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as otherwise required by law; including any investigation, or resolution proceeding arising under these policies and procedures.[4],[5] Additional information regarding confidentiality and privacy can be found in the WCU Title IX Procedures.
Unauthorized Disclosure of Information
Parties and Advisors are prohibited from disclosing information obtained by the University
through the Resolution Process, to the extent that information is the work product
of the University (meaning it has been produced, compiled, or written by the University
for purposes of its investigation and resolution of a Complaint), without authorization.
It is also a violation of University Policy to publicly disclose institutional work
product that contains a party or witness’s personally identifiable information without
authorization or consent. Violation of this section may subject the discloser to
disciplinary sanctions under the Code of Student Conduct or referral to Human Resources for personnel actions.
The University may act to remove a student Respondent accused of sex discrimination, sex-based harassment, or retaliation from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an imminent and serious threat to the health or safety of any student or other individual justifies removal. The risk analysis is performed by the Title IX Coordinator in conjunction with the Threat Assessment Management Team (TAMT) established under University Policy 109 using its standard objective violence risk assessment procedures. Employee Respondents are subject to existing Office of Human Resources procedures for interim actions and administrative leaves.
The University community encourages reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give Notice to University officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.
It is in the best interest of the University community that Complainants choose to give Notice of misconduct to University officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.
To encourage reporting and participation in the process, the University offers Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by the University, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.
The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders, and it is particularly time sensitive. The University will inform the Complainant of the importance of preserving evidence by taking actions as outlined in the WCU Title IX Procedures.
Certain institutional officials (those deemed Campus Security Authorities “CSA”) have a duty to report certain crimes for federal statistical reporting purposes (Clery Act) in accordance with University Policy 116: Clery Act Compliance.
The University must issue timely warnings for reported incidents that pose a serious or continuing threat to bodily harm or danger to members of the University community.
When Clery Act crimes are reported or Timely Warnings are issued, the University will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions considering the potential danger.
No individual designated by the University as a Title IX Coordinator, University Investigator, Decision-Maker, or any person designated to facilitate the resolution process shall have a conflict of interest or bias for, or against, Complainant(s) or Respondent(s). In the event that a conflict of interest or bias is shown to exist, the individual shall recuse themselves or may be removed.
To raise any concerns of bias, conflict of interest, misconduct, or discrimination by the Title IX Coordinator, contact the Chief Compliance Officer. Concerns of bias, misconduct, discrimination or potential conflict of interest of any other person in the Title IX grievance process, contact the Title IX Coordinator.
This Policy succeeds previous policies addressing sex discrimination, sex-based harassment, sexual misconduct, and/or retaliation, though previous policies and procedures remain in force for sexual harassment incidents occurring before August 1, 2024. The Administrator reviews and updates these policies and procedures regularly. The University reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.
If government laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, or court holdings.
This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.
Procedure 129.1 – Definitions
Procedure 129.2 – Reporting
Procedure 129.3 – Consent, Force and Incapacitation
Procedure 129.4 – Confidentiality, Privacy and Privilege
Procedure 129.5 – Advisors
Procedure 129.6 – Title IX Resolution Process
Procedure 129.7 – Rights of the Parties
Procedure 129.8 – Rights of Parents
Procedure 129.9 – Gender Identity/Express
Procedure 129.10 – Violence Risk Assessment
Procedure 129.11 – Conflict of Interest and Bias
Procedure 129.12 – Retaliation
Procedure 129.13 – Revision of Procedures
On Campus Immediate Assistance Options
Off Campus Immediate Assistance Options
On Campus Confidential Resources
Off Campus Confidential Resources
Title IX Training Material
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.,
Title IX implementing regulations, 34 C.F.R. Part 106
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act, 20 U.S.C. § 1092(f) (“the “Clery Act”)
Clery Act implementing regulations, 34 C.F.R. Part 668).
University Policy 10: Policy Statement on Non-Discrimination and Equal Opportunity
University Policy 53: Unlawful Discrimination
University Policy 77: Grievance Policies and Procedures for SHRA Employees
University Policy 109: Campus/Workplace Violence Prevention and Management
University Policy 116: Clery Act Compliance
WCU Code of Student Conduct
WCU Title IX Policy and Procedures – 2020 Version (for reports of sex discrimination
and/or sex-based harassment prior to August 1, 2024)
[1] Throughout this Policy, “on the basis of sex” means conduct that is sexual in nature, or that is directed to the Complainant because of his/her/their actual or perceived sex or gender identity.
[2] Clery Act regulatory definitions
[3] This would including having another person touch you sexually, forcibly, and/or without their consent.
[4] 20 U.S.C. 1232g
[5] 34 C.F.R. § 99