Unlawful Discrimination, Sexual Misconduct and Retaliation
Formerly Executive Memorandum 95-110
Initially Approved: May 10, 1995
Revised: February 11, 2002
Revised: August 10, 2009
Revised: March 11, 2011
Revised: November 10, 2014
Revised: January 5, 2015 (technical corrections)
Revised: March 16, 2015 (technical corrections)
Revised: March 19, 2018
Policy Topic: Governance and Administration
Administering Office: Chancellor's Office, Legal Counsel's Office
ANYONE WHO SUSPECTS CRIMINAL ACTIVITY SHOULD FIRST CALL THE UNIVERSITY POLICE DEPARTMENT
AT 828-227-8911 FOR EMERGENCIES OR 828-227-7301 FOR NON-EMERGENCIES.
INDIVIDUALS WHO HAVE COMPLAINTS AGAINST EMPLOYEES, CONTRACTORS, VOLUNTEERS OR AGENTS
UNDER THIS POLICY SHOULD CALL THE TITLE IX COORDINATOR AT 828-227-7116.
INDIVIDUALS WHO HAVE COMPLAINTS AGAINST STUDENTS UNDER THIS POLICY SHOULD CALL THE
ASSOCIATE VICE CHANCELLOR FOR STUDENT AFFAIRS / DEAN OF STUDENTS AT 828-227-7147.
For questions about this policy and general inquiries about Unlawful Discrimination,
Sexual Misconduct or Retaliation, contact the WCU Title IX Coordinator:
J. Wesley Chancey, Title IX Coordinator
TABLE OF CONTENTS
Section I: Policy statement on unlawful discrimination
Section II: Policy statement on sexual harassment and sexual violence
Section III: Scope and application of policy
Section IV: Definitions
Section V: Complaints
Section VI: Title IX Coordinator
Section VII: Sexual Violence Prevention Committee
Section VIII: Retaliation prohibited
Section IX: Employees’ obligation to report
Section X: Frivolous or false complaints
Section XI: Confidentiality of Investigations and Records
Section XII: Reports to the Chancellor
Section XIII: Related policies and resources
I. POLICY STATEMENT ON UNLAWFUL DISCRIMINATION
Western Carolina University (the “University”) is committed to equal opportunity in
educational programs and employment for all persons regardless of race, color, religion,
sex, sexual orientation, gender identity or expression, national origin, age, disability,
genetic information, political affiliation and veteran status. The University is
also committed to an inclusive and welcoming environment where scholarship and the
exchange of ideas may be freely accomplished. To the fullest extent allowed by law,
the University does not permit harassment based on bigotry, slurs and other hateful
rhetoric. Additionally, in order to foster participation and learning, to the fullest
extent provided by law, the University does not permit discrimination based on the
above classes or characteristics. See Section IV. “Definitions” below for a full
description of prohibited conduct.
II. POLICY STATEMENT ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE
Sexual Misconduct, including Sexual Harassment and Sexual Violence, constitutes unlawful
discrimination based on gender and threatens the University’s culture of civility
and mutual respect. It is the policy of the University that its employees and students
should be free from Sexual Misconduct perpetrated by any University employee, student,
visitor to the campus, or any agent or contractor having a business, professional,
or educational relationship with the University.
The University reaffirms its commitment to academic freedom in accordance with the
First Amendment of the United States Constitution and the policies of the University
of North Carolina. Where it is an integral and legitimate part of course content,
the pedagogical discussion of sexual ideas, taboos, behavior or language is reasonable
and shall in no event constitute Sexual Harassment. While the discussion of opinions
and ideas related to sexuality may cause some individuals discomfort, it is recognized
that academic freedom ensures the free exchange of ideas – an essential part of a
III. SCOPE AND APPLICATION OF POLICY
It shall be a violation of this Policy for any employee, student, or agent within
the University’s control to engage in Unlawful Discrimination, Sexual Misconduct or
Retaliation as defined below. Employee sanctions for violating this Policy may include
a letter of counseling, a letter of warning, a no contact order, and suspension or
termination from employment. Possible student sanctions are contained in the WCU
Code of Student Conduct which is incorporated by reference.
The protections afforded under this policy apply to: (1) all applicants for employment;
(2) all applicants for admission to the University; (3) University officers, faculty,
staff, and students; (4) persons who serve the University as agents (e.g. volunteers,
contractors); and (5) visitors. The University is obligated to respond to reports
made under this Policy. The University is also obligated to respond to circumstances
of Unlawful Discrimination, Sexual Misconduct or Retaliation for which the University
knew or reasonably should have known.
“Protected Status” means characteristics for which an individual is not permitted to suffer undue distinction
or unlawful mistreatment as defined below. Those traits include race, color, religion,
sex, sexual orientation, gender identity or expression, national origin, age, disability,
genetic information, political affiliation and veteran status.
“Unlawful Discrimination” means:
- Unlawful Discrimination means experiencing disparate treatment based on an individual’s
Protected Status. Types of relevant actions include: hiring and firing; compensation,
assignment and classification; transfer, promotion or layoff; recruitment; pay, retirement
plans and fringe benefits; or altering other terms and conditions of employment or
enrollment based on that individual’s Protected Status.
- Unlawful Discrimination also occurs when a protected individual is subject to a Hostile
Environment as defined below.
- Unlawful Discrimination includes failing to provide reasonable disability, religious,
or other legally recognized accommodations where the University has adequate notice
of the disability or requested accommodation.
“Reasonable Person” is the viewpoint of a hypothetical individual whose sensibilities, sensitivities
and receptiveness to ideas are typical of an individual in the same or similar circumstances.
“Sexual Misconduct” is a type of unlawful discrimination based on gender. It includes Sexual Harassment
and Sexual Violence as defined below.
Sexual Misconduct is also defined in the Code of Student Conduct which includes various
descriptions of prohibited conduct therein.
“Sexual Harassment” is a type of unlawful discrimination based on gender. In the employment context,
behaviors that can lead to Sexual Harassment include but are not limited to, unwelcome
sexual advances, requests for sexual favors, and other verbal or physical conduct
of a sexual nature. Sexual Harassment is unlawful when it constitutes Quid Pro Quo
Sexual Harassment or rises to the level of a Hostile Environment. For example:
- submission to the sexual request or conduct is made either explicitly or implicitly
a term or condition of employment (see Quid Pro Quo harassment);
- submission to or rejection of the sexual request or conduct is used as the basis for
an employment decision affecting the individual (see Quid Pro Quo harassment);
- the sexual request or conduct has the purpose or effect of unreasonably interfering
with an employee’s work performance or education or creating an intimidating, hostile,
or offensive environment (see Hostile Environment);
- To continue verbal or physical conduct of a sexual nature when an employee or agent
has indicated, by word or action that such conduct is unwanted (see Hostile Environment).
With regard to students, Sexual Harassment is defined by the Office of Civil Rights
(“OCR”) as any unwelcome conduct of a sexual nature that is sufficiently severe, persistent
or pervasive that it unreasonably denies, limits or interferes with an individual’s
ability to participate in an educational program or activity (see Hostile Environment).
Additionally, Quid Pro Quo harassment occurs when a University employee causes a student
to believe that he or she must submit to unwelcome sexual conduct in order to participate
in a University program or activity. Sexual Harassment of students is a form of sex
discrimination prohibited by Title IX.
Sexual Harassment as defined above may give rise to a Hostile Environment where there
is unwanted conduct related to one’s sexual orientation, including being subjected
to slurs, demeaning conduct, etc. Mistreatment for failing to conform to one’s gender
stereotype can also rise to Sexual Harassment. Finally, unwanted conduct related
to one’s gender identity expression may constitute Sexual Harassment.
“Sexual Violence” is a physical sexual act perpetrated against the person’s will or without the victim’s
lawful Consent. Examples of sexual violence include forcible rape, unwanted fondling,
and sexual contact while an individual is Incapacitated or otherwise unable to grant
NOTE: Sexual Violence also includes criminal acts as defined by NC Law Article 7B § 14-27.20 et al. “Rape and Other Sexual Offenses.”
“Consent” is approval and permission to engage in mutually agreed upon sexual activity demonstrated
by clear actions, words or writings. It is the responsibility of each party to make
certain that the other has consented before engaging in sexual activity. Informed
consent is freely and voluntarily given and it is mutually understood by all parties
involved. An individual who engages in sexual activity when the individual knows,
or reasonable should know, that the other person is physically or mental incapacitated
has violated this policy. It is not an excuse that the responding party was intoxicated
and therefore did not realize the incapacity of the other. If a person is under the
age of legal consent, asleep, or Incapacitated as defined, there is no consent. If
coercion, intimidation, threats and/or physical force are used, there is no consent.
Consent is not to be inferred from silence, passivity, or lack of resistance, and
relaying on non-verbal communication alone may result in a violation of this policy.
Consent is not to be inferred from an existing or previous dating or sexual relationship.
Even in the context of a relationship, there must be consent to engage in sexual activity.
Consent to some form of sexual activity cannot be automatically taken as consent to
any other form of sexual activity. Consent can be withdrawn at any time and requires
an outward demonstration through understandable words or actions that clearly conveys
that a party is no longer willing to engage in sexual activity. Once consent is withdrawn,
the sexual activity must cease immediately.
“Incapacitation” is when a person lacks the mental and/or physical ability to make an informed, rational
judgment about whether or not to consent to engage in an activity due to unconsciousness;
intermittent consciousness; or lack of awareness. Incapacitation is a state beyond
intoxication from alcohol and/or other legal substances. Incapacitation is determined
by specific facts associated with the person’s decision-making ability, awareness
of consequences, and ability to make informed decisions regarding their health, safety,
wants and needs. A person who is incapacitated is unable to grant Consent.
“Hostile Environment” occurs when one experiences unlawful distinction, preference, or harm as compared
to others based on that individual’s Protected Status and that it is sufficiently
severe, persistent or pervasive enough to unreasonably interfere with deny or limit:
1) an employee’s or applicant for employment’s access to employment or conditions
and benefits of employment (e.g., hiring, advancement, assignment); 2) a student’s
or admission applicant’s ability to participate in, access, or benefit from educational
programs, services, or activities (e.g., admission, academic standing, grades, assignment,
campus housing); or 3) an authorized agent’s ability to participate in an agent activity.
A Hostile Environment is one that a reasonable person (objective standard) would find
hostile or abusive and one that a complainant under this policy perceives to be hostile
or abusive (subjective standard). Hostile environment is determined by looking at
all of the circumstances, including the frequency of the allegedly harassing conduct,
its severity, whether it is physically threatening or humiliating, the extent to which
the conduct was intended to harm, harass or exploit the complainant, and whether the
conduct actually and substantially interferes with an employee’s work performance
or a student’s ability to participate in or to receive benefits, services, or opportunities
in the University’s education programs and activities.
“Quid Pro Quo” is Sexual Harassment consisting of unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct when - (1) submission to such conduct
is made either explicitly or implicitly a term or condition of an individual’s employment
or student’s academic success, or (2) submission to or rejection of such conduct by
an individual is used as the basis for employment decisions or academic decisions
affecting such individual.
“Interim Measures” are temporary actions the University may impose to stabilize a situation where there
is a reasonably articulated violation of this Policy. Interim Measures may be imposed
to stop suspected and ongoing Sexual Misconduct, Unlawful Discrimination or Retaliation.
Interim Measures support the people involved in the allegation, including the reporting
party, respondents or witnesses. Care will be taken to minimally disrupt the educational
experience while addressing the alleged misconduct. Some measure that may be imposed
are: 1) access to counseling services; 2) medical services; 3) a no contact order;
4) a campus no trespass order; 5) academic accommodations that are made with agreement
of the appropriate faculty who will not be informed of the specific reason for the
request with permission of the student (for example rescheduling exams and assignments,
providing alternative course completion options, changes in class schedule); 6) changes
in work schedule or job assignment; 7) residence modifications; or 8) any other reasonable
action as determined by the Title IX Coordinator taken to minimize the impact of suspected
Policy violations or the investigation. The Title IX Coordinator at his or her discretion
may impose Interim Measures during either informal or formal resolution of complaints
under this Policy.
“Responsible Employee” includes any employee of the University who has been given the duty of reporting
incidents of Sexual Violence or any other Sexual Misconduct to the Title IX Coordinator
or other appropriate school designee. All University employees are Responsible Employees.
“Retaliation” is mistreatment or any act of reprisal, interference, restraint, coercion, penalty,
discrimination, harassment - overtly or covertly - against any applicant for employment,
student, employee, volunteer or agent within the University’s control when the person
engages in a protected activity. A protected activity includes opposing discrimination
or participating in the investigatory process under this policy. Examples of other
protected activities include, filing or being a witness to a complaint under this
policy or a formal grievance, communicating with a supervisor or manager about unlawful
discrimination, answering questions during an investigation, refusing to follow orders
that would result in Unlawful Harassment or Sexual Misconduct, requesting a disability
accomodation, or availing oneself of rights protected under the Family and Medical
Leave Act (“FMLA”).
“Confidential Resources” are offices or agencies, both on campus and off, staffed by trained professionals
who can provide counseling, information and support in a confidential setting. Confidential
resources will not share information about an individual (including whether that individual
has received services) without the individual’s express permission, unless there is
a continuing threat of serious harm to the individual or to others or there is a legal
obligation to reveal such information (for example, suspected abuse or neglect of
a minor). These professionals are available to help an individual make a report to
the constituent institution of conduct that violates this policy. The following is
a list of confidential resources currently available:
On Campus Resources:
Counseling and Psychological Services (“CAPS”)
225 Bird Bldg.
Western Carolina University
Cullowhee, NC 28723
Non-Emergency Phone: (828) 227-7469
Crisis Clinician: (828) 227-8911
Off Campus Resources:
Western NC 24 Hour Crisis Line: (888) 315-2880
National Suicide Prevention Lifeline: (800) 273-8255
Meridian Health Services
P.O. Box 2187
Sylva, NC 28779
Phone: (828) 631-3973
REACH of Jackson/Macon Co.
1895 Old Murphy Rd.
Franklin, NC 28734
Phone: (828) 369-5544
A. INFORMAL RESOLUTION OF UNLAWFUL DISCRIMINATION, SEXUAL MISCONDUCT OR RETALIATION
For complaints concerning Unlawful Discrimination, Sexual Misconduct or Retaliation,
any party may elect to discuss the problem directly with the person whose behavior
is questioned before seeking formal assistance, which is recommended in most circumstances.
Confronting the offending party in a conversation or in writing to request that he/she
stop engaging in the offensive behavior may resolve the situation. Candid discussion
between the parties involved about how a behavior made someone feel can be an empowering
experience that overcomes the negative feelings associated with the offending conduct.
The Title IX Coordinator may offer to facilitate informal resolution by acting as
a mediator, conducting a limited investigation, working with appropriate University
personnel, and recommending further administrative action in order to resolve the
For any complaint under this Policy, a reporting party may request that his or her
identity remain confidential. The University will evaluate that request in the context
of the University’s responsibility to provide a safe and nondiscriminatory environment
for all students, employees, and third parties in order to determine the steps the
University will take to pursue the matter.
Some situations may be so serious that informal resolution may not be appropriate
and direct progression to the formal initiation of a complaint may be necessary. For
example, if a complaint is directed against a supervisor or administrator who would
otherwise play a role in responding to and attempting to resolve the complaint, the
employee might not wish to discuss his/her complaint with that supervisor but may
elect to discuss the complaint with the next supervisor in a direct line of authority.
NOTE: For applicants to SHRA covered positions and SHRA employees, informal resolution
occurs as part of WCU Policy 77 “Grievance Policies and Procedures for SHRA Employees,”
sub-section V.A. “EEO Informal Inquiry.”
B. FORMAL RESOLUTION OF UNLAWFUL DISCRIMINATION, SEXUAL MISCONDUCT OR RETALIATION
Procedures provided under this Policy allow for a prompt, thorough, and impartial
investigation and adjudication process that provides appropriate procedural safeguards
and adequate due process for all parties.
1. Complaints from Applicants, EHRA Non-Faculty Employees, Faculty, Students, Agents
and Visitors Against Other Employees, Agents or Visitors (See Below for Complaints
from Applicants to SHRA Positions)
(a) Initiating Section V.B.1 Complaints
Complaints should be reported, preferably in writing, to the Title IX Coordinator
at 520 HFR Administration Building, Cullowhee, NC, 28723. The Title IX Coordinator
may be reached by telephone at (828) 227-7116. Complaints should be made within fifteen
(15) calendar days of the conduct giving rise to the complaint to ensure a prompt
and complete investigation; however, the University reserves the right to initiate
investigations and take action at any time depending on the nature of the alleged
(b) Investigation of Section V.B.1 Complaints
The Title IX Coordinator shall investigate thoroughly and impartially all complaints
within forty-five (45) calendar days from the receipt of complaints. The Title IX
Coordinator may seek the assistance of other University officials, including the deputy
Title IX Coordinators, in situations where there may be actual or perceived conflicts
of interest or as otherwise may be necessary to ensure timely, impartial, and complete
(c) Written Reports /Resolution of Section V.B.1 Complaints
Upon completion of his/her investigation, the Title IX Coordinator shall provide to
the applicable Executive Council member a written report of key evidentiary findings,
based upon a preponderance of the evidence, whether the alleged conduct constituted
a violation of this policy and the Title IX Coordinator’s recommended resolutions
pertaining to the complaint. The Title IX Coordinator’s report is deemed a confidential
personnel record of the respondent employee and shall not be disclosed except as required
or permitted by law. The applicable member of Executive Council shall be responsible
for determining what University action, if any, is warranted.
Upon completion of his/her investigation, the Title IX Coordinator also shall provide
a written response to: (1) the complaining employee apprising him/her that the investigation
is complete and whether the alleged conduct constituted a violation of this policy;
and (2) the respondent employee apprising him/her that the investigation is complete
and whether the alleged conduct constituted a violation of this policy.
(d) Internal Appeals of Section V.B.1 Complaint Resolution
Both the complaining employee and the respondent may appeal the Title IX Coordinator’s
finding(s) and conclusions within fifteen (15) calendar days of receipt of the Title
IX Coordinator’s written response. Appeals must be in writing and clearly state the
basis for the appeal (i.e., that the findings and conclusions are (i) erroneous; (ii)
violate applicable federal or state law or university policies; or (iii) the result
of a flawed process. Appeals must be directed to the Director of Human Resources
at 220 HFR Administration Building, Cullowhee, NC, 28723. The Director of Human Resources
may be reached by telephone at (828) 227-7218. The Director of Human Resources shall
respond to the appeal within thirty (30) calendar days of receipt, and may either
uphold, overturn, or modify the finding(s). No further appeal by either party shall
2. Complaints from Applicants for SHRA Covered Positions and SHRA Employees against
Other Employees, Agents or Visitors
Complaints, investigations and appeals regarding prohibited conduct under this policy
shall be processed in accordance with University Policy 77, “Grievance Policies and
Procedures for SHRA Employees” https://www.wcu.edu/discover/leadership/office-of-the-chancellor/legal-counsel-office/university-policies/numerical-index/university-policy-77.asp
3. Complaints Against Students Regarding Discrimination, Unlawful Harassment, Unlawful
Sexual Misconduct or Retaliation
This policy references the Code of Student Conduct and relevant portions are incorporated
by reference herein. The student code exercises the Chancellor’s duty to regulate
matters of student conduct in the campus community.
Complaints of this nature should be reported, preferably in writing, to Student Affairs
for investigation and appropriate action. The Student Affairs office telephone number
is (828) 227-7147, and the office is located in Scott Hall East, Cullowhee, NC 28723.
Complaints should be made as soon as possible to ensure a prompt, impartial, and complete
Complaints should include the name and contact information of the complainant, the
specific conduct that is the subject of the complaint, the name and contact information,
if known, of the accused individual, and the name(s) and contact information of witnesses
or other individuals having direct knowledge of the complaint.
The University Investigation, Resolution and Appeals associated with the same shall
be administered in accordance with the WCU Code of Student Conduct, as incorporated
herein by reference.
C. REPORTING CRIMINAL ACTS OR SUSPECTED CRIMINAL ACTIVITY TO UNIVERSITY POLICE AND
Complaints of criminal acts or suspected criminal activity, including sexual violence,
may be filed with the University Police. Individuals should report crimes as soon
as possible to the University Police Dispatch Emergency Number (828) 227-8911 or the
non-emergency number of (828) 227-7301. In addition to investigating complaints of
sexual assault, University Police will refer such cases to the Title IX Coordinator
or the Student Affairs and will also refer all such cases to the Jackson County District
A student may make an anonymous complaint to University Police through its Silent Witness program at: https://www.wcu.edu/discover/campus-services-and-operations/university-police/how-to-report-a-crime/silent-witness-submit-an-anonymous-report.aspx
A student may also make an anonymous complaint to University Police by calling the
Police TIPS Line at: (828) 227-8477.
The University Police have adopted Sexual Assault Investigation Policies to provide
officers and investigators with guidelines for responding to reports of sexual assault,
assisting victims, collaborating with local health and service agencies, and conducting
interviews with victims, witnesses, and suspects. Because of the special needs involved
in sexual assault investigations, their policy is an all-inclusive document that covers
first response, investigation, and prosecution. The department has a Victim Services
Office, which may be contacted at: (828) 227-3207 or (828) 227-7301.
VI. TITLE IX COORDINATOR
In accordance with federal law, the University shall designate a Title IX Coordinator
who shall have the following responsibilities:
- Ultimate oversight of the University’s Title IX compliance efforts;
- Being available to meet with students regarding sexual harassment or sexual assault
- Ensuring that complaints are handled through appropriate procedures;
- Assisting University Police as appropriate in cases of reported sexual violence;
- Investigating or overseeing the investigation of complaints of sexual harassment or
- Developing and maintaining a system for tracking and reviewing complaints of sexual
harassment and sexual assault;
- Monitoring and evaluating Title IX compliance in the areas of athletic participation,
treatment in athletic programs, and athletic financial assistance;
- Assisting the Chief Diversity Officer in the administration of periodic campus climate
- Assisting in the development or procurement of educational materials addressing sexual
harassment, sexual assault, unlawful harassment, and other forms of discriminatory
personal conduct; and
- Assisting in the development and delivery of training on these subjects, including
sexual assault prevention.
In all cases except student misconduct, the Title IX Coordinator shall be the primary
investigator and adjudicator regarding claims of Unlawful Discrimination, Sexual Misconduct
and Retaliation. In cases of student misconduct, the primary investigator is determined
under the Code of Student Conduct. The Title IX Coordinator shall appoint deputy
Title IX Coordinators, who, in the Title IX Coordinator’s discretion, are qualified
by education or experience to assist in the investigation and adjudication of complaints.
The Title IX Coordinator and all Deputy Title IX Coordinators shall receive at least
two (2) hours of training related to Sexual Misconduct and/or other forms of gender-based
discrimination annually. Deputy Title IX Coordinators may be tasked with other related
obligations (conducting training, etc.).
The Title IX Coordinator’s investigation shall be impartial and fair. It is the policy
of this University that unbiased investigations are in the best legal interests of
the University and the Title IX Coordinator shall never take action designed purely
to protect University personnel while investigating claims. The University shall
honor the complainant’s and respondent’s right to due process by notifying the respondent
of the allegation(s) and providing each party an opportunity to respond to the allegation,
identify potential witnesses and submit documentation. The Title IX Coordinator shall
exercise his or her discretion in conducting the investigation in a timely and efficient
VII. SEXUAL VIOLENCE PREVENTION COMMITTEE
The University hereby establishes a standing Sexual Violence Prevention Committee
(the “SVPC”). The SVPC shall be comprised of the following members:
- Title IX Coordinator, who shall serve as chair;
- Deputy Title IX Coordinators not otherwise listed;
- Clery Act Coordinator;
- Chief Diversity Officer;
- Associate Vice Chancellor for Student Affairs/Dean of Students;
- Assistant Vice Chancellor for Health and Wellness;
- Director of Employee Relations;
- University Police Victim Services Sergeant;
- Director of the DSCE;
- Representative from the Department of Athletics appointed by the Athletic Director;
- A member from the General Counsel’s office;
- A student member appointed by the President of the SGA;
- A faculty member appointed by the Provost.
The SVPC shall establish such sub-committees as may be necessary to accomplish its
objectives and responsibilities. Membership of such sub-committees may include, at
a minimum, faculty representatives appointed by the Provost and student representatives
appointed by the Vice Chancellor for Student Affairs or his/her designee.
The SVPC shall have the following responsibilities:
- Serve as an advisory body to the Chancellor on matters pertaining to sexual violence,
sexual harassment, and related campus safety;
- Assist in the development of and recommend policies and implementing procedures regarding
sexual violence and related campus community safety, compliance with applicable state
and federal laws and regulations, including Title IX, Clery Act, and the Violence
Against Women Reauthorization Act of 2013, and compliance with University of North
Carolina policies and directives;
- Assist in the development and delivery of training and professional development for
- Assist in the development and delivery of information and programming for students,
particularly in the areas of awareness and primary prevention, safe and effective
intervention strategies, factors that contribute to sexual violence such as alcohol
and drugs, and diversity and inclusion;
- Assist the Division of Student Affairs in maintaining the University website on sexual
- Assist with the University’s community outreach efforts; and
- Coordinate with faculty, the Title IX Coordinator, and the University’s Institutional
Review Board to develop and conduct climate and other related surveys/research.
VIII. RETALIATION PROHIBITED
This policy seeks to encourage students, employees and others to report concerns involving
discriminatory or harassing personal conduct and accordingly retaliation is prohibited.
Any act of reprisal or retaliation, including interference, restraint, coercion, penalty,
discrimination, harassment - overtly or covertly - against a student or employee for
responsibly reporting under this policy interferes with free expression and violates
this policy. Accordingly, individuals who violate this retaliation prohibition may
be subject to disciplinary action.
IX. EMPLOYEES' OBLIGATION TO REPORT
Any University employee who experiences, witnesses, reasonably suspects or receives
a written or verbal complaint of an incident of Unlawful Discrimination, Sexual Misconduct
or Retaliation related to the workplace shall promptly report it to the Title IX Coordinator.
An employee should not presume that the victim or another employee has reported the
event unless they have first hand knowledge of the report.
Those employees designated as Campus Security Authorities under University Policy
116 “Clery Act Compliance” are obligated under the law to notify the University Police
Department of alleged Clery Crimes that are reported to them (see University Policy
116). All employees are encouraged to report known or suspected crimes to law enforcement
to the extent provided by law and according to appropriate professional standards.
All University employees are designated as “Responsible Employees” under Title IX
and are legally obligated to report known or suspected incidents of Sexual Misconduct
to the Title IX Coordinator.
In some instances, employees with legally recognized professional privileges may not
be subject to mandatory reporting under Section IX. The Title IX Coordinator with
Legal Counsel shall delineate these individuals’ reporting obligations by an official
memorandum to the department.
X. FRIVOLOUS OR FALSE COMPLAINTS
This policy shall not be used to bring frivolous or false complaints. If a complaint
has been made maliciously or in bad faith, disciplinary action may be taken against
the person bringing the complaint.
XI. CONFIDENTIALITY OF INVESTIGATIONS AND RECORDS
Information gathered in the course of investigations conducted under this policy will
be given the full extent of confidentiality accorded by law to employee personnel
records and student education records. Any person who, without authorization, reveals
such information may be subject to disciplinary action. Disclosure of the content
of complaints will be made on a “need to know” basis, depending on the type of investigation
and remedial action required by the complaint. In any event, the accused individual
will be informed of the specific allegations in the complaint.
XII. REPORTS TO CHANCELLOR
The Title IX Coordinator is responsible for routinely and periodically reporting to
the Chancellor the number and nature of complaints made under this policy.
XIII. RELATED POLICIES AND RESOURCES
University Policy #10, Equal Opportunity Programs,
University Policy #58, Improper Relationships between Students and Employees
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