Policy Manual

Prohibited Harassment and Title IX Regulation 121

Regulation 121 Approved: October 2, 2017
UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Prohibited Harassment and Title IX Regulation
Regulation 121
Source of Authority: UNC Policy Manual § 500.7
Revision Authority: Chancellor
History: First Issued: February 17, 2011
Related Policies: UNC Policy Manual § 500.7[R]
Responsible Offices: Provost
Effective Date: June 14, 2019

I. Purpose
UNCSA is committed to providing a learning, teaching, and working environment free from sex discrimination, sexual harassment, sexual misconduct, and one that is safe for all members of the campus community.

UNCSA prohibits discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972 (Title IX), and as part of its commitment to a community free of discrimination, harassment, and violence. The prohibition applies to all UNCSA programs and activities on and off campus, and to all UNCSA employees, students, and others under UNCSA control who may come into contact with a member of the UNCSA community. UNCSA will not tolerate sexual harassment, misconduct or violence at any time or under any circumstances.

II. Relationship to Other Policies, Procedures, and Laws
This regulation addresses treatment of discrimination and harassment under Title IX of the Education Amendments of 1972. However, the alleged acts may also be subject to other UNCSA and UNC BOG policies and regulations, criminal and civil laws, and controlling procedures for reporting, adjudication, grievances and disciplinary codes.

The procedures applicable to Title IX are available on the Title IX resource website. The procedures are different depending on whether the reporting person and the responding person are students, employees, or agents of UNCSA.

The definitions of terms such as consent, harassment, retaliation, sexual act and sexual misconduct are also available on the Title IX Resource website.

III. Title IX Protections
Title IX prohibits sexual harassment, misconduct, and violence, which include sexual acts and sexual contacts without consent or where a person is not capable of giving consent. Consent may be refused or withdrawn at any time, even if it had been given before. A person is not capable of giving consent, for example, if s/he is under the influence of drugs or alcohol. Silence or lack of resistance is not consent.

During an investigation, UNCSA will take steps to protect the rights of the complainant and the respondent from possible retaliation.

This regulation is not meant to impair the lawful exercise of free speech, or infringe legitimate academic, pedagogic or artistic freedom.

IV. Persons Protected
Title IX protects all members of the UNCSA community against sexual harassment. The protections include harassment by students against students, faculty and staff against students, faculty and staff against another faculty or staff member, harassment by and of applicants for employment and admission, and any combination of the above.

Sexual harassment, misconduct, and violence can occur between strangers, acquaintances, and individuals involved in a current or former intimate sexual relationship; and, can be committed by men or women, regardless of gender or gender identity, and between individuals of the same or different sex, gender or gender identity.

V. Complaint and Report Process
The detailed procedures and processes for complaint reporting, investigation, adjudication, and appeal are available for review on the Title IX website.

VI. Confidentiality and Privacy
UNCSA will protect the privacy of the Title IX complaint proceedings to the extent possible and permitted under the law. Because UNCSA is obligated and committed to keeping a safe environment, it may investigate allegations and take actions even if the person complaining of a violation of this regulation does not want to pursue the matter. UNCSA will also inform the campus community of criminal activity where appropriate and required.

UNCSA's ability to keep a complaint and investigation anonymous and confidential is limited by law. If a person complaining of a violation would like to remain confidential, s/he can speak to a designated Confidential Resource, who will only disclose confidential information if they have written permission, if there is a continuing threat of serious harm, or there is a legal obligation to do so. Confidential resources include the UNCSA Counseling Center and UNCSA Student Health Services.

VII. Resources
Individuals who have experienced sexual harassment, misconduct, or violence are strongly encouraged to contact the Chief Compliance Officer and Director of Title IX, or any of the offices listed above. In addition, you may contact UNCSA Student Health Services, UNCSA Counseling Center and UNCSA Campus Police for additional assistance and support. These campus units can address issues relating to Title IX, including assisting victims of sexual violence.

UNCSA maintains a website with resources for Title IX issues.

Questions about Title IX may be directed to the U.S. Department of Education Office of Civil Rights (OCR) by sending an email to OCR@ed.gov.