Prohibited Harassment and Title IX Policy #121
|Policy #121||Approved: October 2, 2017|
|UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
Prohibited Harassment and Title IX Policy
|Source of Authority:||UNC Policy Manual § 500.7|
|History:||First Issued: February 17, 2011|
|Related Policies:||UNC Policy Manual § 500.7[R]|
|Effective Date:||October 2, 2017|
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 Policy 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, 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 Consent may be refused or withdrawn at any time, even if it had been given before.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 policy 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
Sexual harassment, sexual misconduct, and sexual violence complaints of any kind may be directed to the Chief Compliance Officer and Director of Title IX, who oversees Title IX compliance for the University.
Complaints involving a student against another may also be directed to Student Affairs. Students may also report violations of any kind to the Dean of Students, Director or Residence Life and their Dean.
Any of the contacts are available to direct the person making the complaint to the appropriate office to discuss the complaint reporting and investigation process, confidentiality in reporting, and the option to file a criminal complaint. In addition, they can provide information about resources for alleged victims and violaters.
Generally, the complaint and report process takes three different paths:
1. If a reporting party requests that no further action be taken, UNCSA will honor that request to the extent permitted by law, but is under an obligation to ensure the safety of the reporting party and the campus community.
2. If the reporting party requests voluntary resolution, the reporting party and the responding party may work with the Chief Compliance Officer and Director of Title IX and UNCSA community to resolve the issues through corrective and supportive action. Either the reporting or responding party may end the voluntary resolution at any time and proceed with an investigation and adjudication path.
If the reporting party requests an investigation and adjudication, the investigator will gather information, write a summary report and submit it to the Director of Human Resources, or to the Associate Director of Student Conduct for a finding to be rendered.
- If the investigative finding is that a violation of the policy has occurred, the parties may accept the investigative findings and recommended sanction or request a hearing on the investigative findings, sanctions or both. The matter will then be sent to a hearing panel for a determination whether a violation occurred, and if so, the appropriate sanctions.
- If the investigative finding is that no violation of the policy occurred, the reporting party may accept the finding or request an administrative review of the findings. If the administrative reviewer agrees that there was no violation, the determination is final. If the administrative reviewer reverses the finding of no violation, the matter will be sent to the hearing panel for adjudication.
The hearing panel will make its determination as to whether or not a violation occurred by a preponderance of the evidence, and either party may appeal the decision if available grounds exist.
The detailed procedures and processes for complaint reporting, investigation, adjudication, and appeal are available for review on the 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 policy 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.
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.