4035 Title IX Policy DCVPA

Authority: Dean of the Watson College

History: Established 06/23/2025

Source of Authority: 20 U.S.C. § 1092(f) (also known as The Clery Act) and Title IX of the Education Amendments Act of 1972

Responsible Office: Office of Title IX and Clery Compliance, Office of Human Resources, Watson College of Education, D.C. Virgo Preparatory Academy

1. Introduction/Purpose

   The University of North Carolina at Wilmington and D. C. Virgo Preparatory Academy ("DCVPA") acknowledge the dignity and worth of all students and employees and strive to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement. The University and D.C. Virgo Preparatory Academy will not tolerate sexual harassment in the education program and activities of its students and employees. Throughout this policy, references to the "education program" include all operations, services, and activities of the school.

   This policy provides a process for students, employees, and others to report sexual harassment prohibited by Title IX for response by school and university officials related to D. C. Virgo Preparatory Academy and incidents that occur there or during its activities. (For incidents related to university activities and departments, UNCW policies 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct Policy and 02.210 Title IX Grievance Policy will apply and be followed). All incidents of conduct that could constitute sexual harassment under this policy are to be reported and treated in accordance with this policy, even if the incidents may also constitute violations of other school policies or standards of conduct.

   Conduct that involves sexual harassment but that does not meet the definition of sexual harassment prohibited by this policy may nevertheless violate other school policies or established standards of conduct and will be treated accordingly. Nothing in this policy is intended to limit discipline for violations of other school policies in such circumstances when appropriate and consistent with law. In addition, nothing in this policy is intended to limit reports to law enforcement when warranted.

   This policy is written and interpreted broadly to include online occurrences of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the school's education program and activities, or when they involve the use of the school's networks (Wi-Fi), technology, and/or equipment.

   Although D. C. Virgo Preparatory Academy may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the school (reference section V Reports of Sexual Harassment), it will engage in a variety of means to address and mitigate the effects.

   The university's Director of Title IX and Clery Compliance ("the Title IX Coordinator") is charged with ensuring the University's and D. C. Virgo Preparatory Academy's compliance with this Policy and applicable laws. Throughout this Policy, any reference to the Title IX Coordinator includes the Title IX Coordinator's designee(s).

   Nothing in this policy is intended to infringe upon or limit a person's right to free speech. Any online posting or other electronic communication by students, including technology-facilitated bullying, stalking, harassment, etc., occurring completely outside of the school's control (e.g., not on the school's networks, websites, or between school email accounts) will only be addressed under 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.

2. Prohibited Behavior

   Students, school employees, volunteers, and visitors are expected to behave in a civil and respectful manner. This policy expressly prohibits sexual harassment, by students, employees, volunteers, or visitors in the education program. "Visitors" includes parents and other family members and individuals from the community, as well as vendors, contractors, and other persons doing business with or performing services for the school.

   1. Sex Discrimination

      Sex discrimination occurs when, as a result of any act or failure to act, someone is treated differently and unfavorably on the basis of sex in the education program. Discrimination can take two primary forms:

      1. Disparate Treatment Discrimination

         Any intentional differential treatment of a person or persons that is based on a person's actual or perceived protected characteristic and that: (i) excludes a person from participation in; (ii) denies the person benefits of; (iii) or otherwise adversely affects a term or condition of a person's participation in a program or activity.

      2. Disparate Impact Discrimination

         Occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that: (i) excludes a person from participation in; (ii) denies the person benefits of; (iii) or otherwise adversely affects a term or condition of a person's participation in a program or activity.

   2. Sexual Harassment

      Sexual harassment, prohibited under Title IX and by this policy, is conduct on the basis of sex occurring in the school's education program or activity that satisfies one or more of the following:

      1. Quid Pro Quo Harassment

         Quid pro quo harassment occurs when an employee, contractor, or other agent of the school explicitly or impliedly conditions the provisions of an educational service or other aid or benefit of the school on an individual's participation in unwelcome sexual conduct.

      2. Hostile Environment Harassment

         Hostile environment harassment is unwelcome conduct, determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activities. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

         1. The degree to which the conduct affected the complainant's ability to access the education program;

         2. The type, frequency, and duration of the conduct;

         3. The parties' ages, roles within the education program, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;

         4. The location of the conduct and the context in which the conduct occurred; and

         5. Other sex-based harassment in the education program

      3. Sexual Assault, Dating or Domestic Violence, Stalking

         Sexual assault, dating violence, domestic violence, and stalking are defined as follows:

         1. Sexual assault means an offense classified as a sex offense under the uniform crime reporting system of the Federal Bureau of Investigation (i.e., rape, fondling, incest, and statutory rape);

            1. Rape

               Rape is the penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

            2. Statutory Rape

               Statutory rape is sexual intercourse with a child 15 years of age or younger and the perpetrator is at least 12 years old and more than four years older than the victim.

            3. Fondling

               Fondling is the touching, underneath the clothing, of a person's genitalia, anus, buttocks, or breasts without the consent of the victim for purposes of sexual gratification.

            4. Incest

               Incest is sexual intercourse between: (i) grandparent and grandchild; (ii) parent and child/stepchild/legally adopted child; (iii) siblings of half or full blood; or (iv) uncle or aunt and nephew or niece.

         2. Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, with the existence of such a relationship determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship;

         3. Domestic Violence means felony or misdemeanor crimes committed by a person who (i) is a current or former spouse or intimate partner of the victim under North Carolina family or domestic violence laws, or a person similarly situated to a spouse of the victim; (ii) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (iii) shares a child in common with the victim; or (iv) commits acts against a young or adult victim who is protected from those acts under North Carolina family or domestic violence laws; and

         4. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others or suffer substantial emotional distress.

      4. Sex-based Bullying

         Bullying is defined by DCVPA Policy 4329 - Bullying Behavior Prohibited. An act that meets the definition of bullying and done to another on the basis of sex is sex-based bullying.

      5. Consent, Force, Incapacitation

         The definition of consent is central to the recognition of both sexual assault and sexual misconduct. Consent is defined as mutually voluntary permission to engage in sexual activity demonstrated by clear actions and/or words. This decision must be made freely, consciously, knowingly, and actively by all participants as shown by the totality of the circumstances.

         Intoxication is not an excuse for failure to obtain consent.

         Silence, passivity, acquiescence, or lack of active resistance does not constitute or imply consent on its own.

         Previous participation in sexual activity, however recent, does not indicate current consent to participate, and consent to one form of sexual activity does not imply consent to another form of sexual activity. Patterns of non-verbal or other communication can convey consent when it is mutually understood between the parties.

         Consent can be withdrawn at any time.

         Consent has not been obtained in situations where the individual:

         1. Is forced, coerced (defined as an unreasonable amount of pressure), manipulated, or has reasonable fear as the result of a threat (such as, the individual or another will be injured if the victim does not submit to the act); or

         2. Is incapacitated by alcohol, other drugs, sleep, etc. Because consent must be given consciously, sexual activity is prohibited with someone one knows to be, or should know to be, incapacitated. Incapacitation means the individual cannot make rational, reasonable and informed decisions; or has a mental or physical disability which inhibits or precludes the individual's ability to give knowing consent.

         In North Carolina, a minor (meaning a person under the age of 16 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 16 years old may be a crime, as well as a violation of this policy, even if the minor willingly engaged in the act.

         Nothing more than proof of non-consent is necessary for a policy violation. Evidence to prove that consent had been obtained may be used to rebut a policy violation.

      6. Retaliation

         Retaliation, including peer retaliation, will be treated as a type of sexual harassment for purposes of this policy. Retaliation means intimidation, threats, coercion, or discrimination against any person by the school, a student, or an employee or agent of the school system for the purpose of interfering with any right or privilege secured by Title IX or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX, including in an informal resolution process, in grievance procedures, and in any other actions taken in compliance with the school's obligations under Title IX.

3. Definitions

   The following additional definitions apply in this policy.

   1. Actual Knowledge - Means a school employee has notice of sexual harassment or allegations of sexual harassment.

   2. Formal Complaint - A document signed and filed with the Title IX coordinator by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that school and/or university officials investigate the allegation(s). Filing a formal complaint initiates the grievance process. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activities of the school.

   3. Complainant - The Complainant is the individual(s) who is alleged to have been subjected to conduct that could constitute sexual harassment.

   4. Confidential Employee - A confidential employee is an employee who may have some communications that are privileged or confidential under federal or State law, such as a school counselor or nurse. The employee's confidential status, for purposes of this policy, is only with respect to information received while the employee is functioning within the scope of the employee's duties to which privilege or confidentiality applies and does not impact any requirements to report certain conduct to law enforcement or otherwise as required by other applicable policies, including the requirement of mandatory reporting

   5. Days - Days are business days unless specified otherwise.

   6. Parent - The term parent refers to a parent, guardian, or other authorized legal representative with the legal right to act on behalf of a student or other minor.

   7. Party - Party means a complainant or respondent.

   8. Report - A report is an oral or written notification of alleged sex discrimination.

   9. Respondent - The respondent is the person who is alleged in a report or complaint to have engaged in conduct that could constitute sexual harassment.

      When a complaint alleges that a school policy or practice discriminates based on sex in violation of this policy, the school is not considered to be a respondent and the requirements in this policy related to a respondent do not apply.

   10. Supportive Measures - Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the school's education program and activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the school's educational environment, or deter sexual harassment.

   11. Title IX Coordinator

       The Title IX Coordinator is a university official who is designated to coordinate the school's response to sexual harassment and allegations of sexual harassment. The Title IX Coordinator is also referred to as the Deputy of Title IX and Clery Compliance.

       The contact information for the Title IX Coordinator is as follows:

       Office Address:
       601 South College Blvd
       Campus Box 5699
       Hoggard Hall 244
       Wilmington, NC 28403-5699

       Email Address: titleix@uncw.edu

       Phone Number: (910) 962-3557

4. Clery Act Requirements

   1. Federal Statistical Reporting Requirements: All DCVPA employees are required to report non-identifying statistical information about certain crimes, including any alleged sexual misconduct, dating violence, domestic violence, or stalking, as required by state and federal law, and in compliance with the Jeanne Clery Campus Safety Act. This statistical information is used for compiling the annual UNCW Annual Security Report and by the Office of Title IX and Clery Compliance and University Police for purposes of advising the campus community and DCVPA community of any potential safety risks or concerns.

   2. Federal Timely Warning Requirements: Individuals should also be aware that university administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the DCVPA community. The university will make every effort to 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 in light of the danger.

5. Reports of Sexual Harassment

   1. Reporting Sexual Harassment

      Any person who believes they have been subject to sexual harassment in the school's education program in violation of this policy or who has information about conduct that reasonably may constitute sexual harassment prohibited by this policy is encouraged to report the matter to the Title IX Coordinator. Reports may also be made to a principal, teacher, counselor, assistant principal, teacher assistant, or any other school employee.

   2. Mandatory Reporting by School Employees and University Personnel

      Any school employee or university personnel who has actual knowledge of sexual harassment or allegations of sexual harassment prohibited by this policy must immediately notify the Title IX Coordinator. Employees and university personnel should provide as much detail about the alleged sex discrimination as is known. Any doubt about whether conduct may reasonably constitute sex discrimination must be resolved in favor of reporting the conduct. An employee who does not promptly report conduct as required by this subjection, or who knowingly provides false information about the incident, will be subject to disciplinary action, up to and including dismissal.

      Any of the following confers "actual knowledge" and must be reported immediately:

      1. A report of sexual harassment from a student or other person;

      2. The employee witnesses conduct that is or reasonably could be sexual harassment; or

      3. The employee discovers evidence of sexual harassment, such as sexualized graffiti on school property, or otherwise has reliable information or reason to believe that a student, employee, or other individual may have been sexually harassed in violation of this policy, even if no one has reported the sexual harassment.

      Employees who observe an incident of harassment are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator, and it is safe to do so. An employee with actual knowledge of possible sexual harassment in violation of this policy who does not promptly report the conduct and/or take proper action as required by this subsection, or who knowingly provides false information about the incident, will be subject to disciplinary action, up to and including dismissal.

      Any doubt about whether particular conduct is possible sexual harassment must be resolved in favor of reporting the conduct.

      The mandatory reporting required by this subsection is an addition to required reporting under other applicable policies and laws, where the conduct at issue requires a report under those policies and laws.

   3. Reporting by Others

      All other members of the school community are strongly encouraged to report any act that may constitute an incident of sexual harassment in violation of this policy to the school principal, the Title IX coordinator, or through the online reporting form, available on the school's website.

   4. Time Period for Making a Report

      Reports by students and third parties can be made at any time. During non-business hours, reports can be made by using the contact information for the Title IX Coordinator provided on the school's website and in this policy. (Maxient Report). A report should be made within one (1) business day after disclosure or discovery of the facts giving rise to the report. Delays in reporting may impair the ability of school officials to investigate and respond to any subsequent complaint.

   5. Title IX Coordinator Response to Alleged Sexual Harassment

      The Title IX Coordinator, whenever notified of conduct that they reasonably determine may constitute sexual harassment prohibited under Title IX and this policy, must promptly take the following actions:

      1. Treat the complainant and respondent equitably;

      2. Offer and coordinate supportive measures with school officials, with or without the filing of a formal complaint, as described in Section IX of this policy, as appropriate, for the complainant;

      3. Notify the complainant and, if the complainant is a student, the complainant's parent, of the grievance procedures and, if appropriate, the informal resolution process as described in Section VIII of this policy;

      4. If the complainant is unknown, notify the individual who reported the conduct of the grievance procedures and, if appropriate, the informal resolution process;

      5. Notify the principal of the report and, if an employee is the complainant or respondent, the senior human resources official or designee; and

      6. Take any other appropriate prompt and effective steps to end any sexual harassment, prevent its recurrence, and remedy its effects.

      7. In addition, if the complainant or respondent is a student with a disability, the Title IX Coordinator shall comply with the requirements of Section XI.

6. Complaints of Sexual Harassment

   1. Filing a Formal Complaint of Sexual Harassment

      A request for school and university officials to investigate an allegation of sexual harassment prohibited by this policy must be signed by the complainant, or the appropriate parent/guardian and must be in writing and submitted to the Title IX Coordinator.

      Formal complaints of sexual harassment, may be submitted by the complainant or the parent of a student complainant.

   2. Complaints Initiated by the Title IX Coordinator

      If no complaint is submitted within five days of the Title IX Coordinator receiving notice of conduct that they reasonably determine may constitute sexual harassment or if any or all of the allegations in a complaint are withdrawn, and an informal resolution process is not underway, the Title IX Coordinator must determine whether to initiate a formal complaint. In making this determination, the Title IX Coordinator, in consultation with the university Office of General Counsel, if necessary, shall consider all the factors described in 34 C.F.R. 106.44(f)(1)(v)(A) and any other relevant factors. If the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person or that the conduct as alleged prevents the school from ensuring equal access on the basis of sex to its education program, the Title IX Coordinator shall initiate a formal complaint after notifying the complainant and, if the complainant is a student, the complainant's parent of the intent to initiate the complaint and shall appropriately address reasonable concerns about the complainant's safety or the safety of others, including by providing supportive measures consistent with Section IX of this policy.

      A decision by the Title IX Coordinator to initiate a complaint is not to be construed as (1) supportive of the complainant or in opposition to the respondent; (2) an indication of whether the allegations are credible or have merit; or (3) an indication of whether there is evidence sufficient to determine responsibility. Initiating a complaint does not make the Title IX Coordinator a complainant or party to the complaint nor relieve the Title IX Coordinator from any responsibilities under this policy.

      The Title IX Coordinator shall document the decision of whether to initiate a formal complaint and the reasons for that decision.

   3. Consolidation of Complaints

      Complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, may be consolidated and investigated as one complaint when the allegations of sexual harassment arise out of the same facts or circumstances, unless consolidation would violate the Family Educational Rights and Privacy Act. When more than one complainant or more than one respondent is involved, references in this policy include the plural, as applicable.

7. Temporary Removal of Respondent from School or Employment

   Any respondent is subject to removal from the education program, or any part of the program, on an emergency basis if a school-based threat assessment team conducts an individualized safety and risk analysis and determines that removal is justified because the person poses an immediate health or safety threat to any person arising from the allegations of sexual harassment. A removal under this subsection includes a transfer of a student to an alternative or virtual education program. A schedule change and/or removing a student from an extracurricular activity is also considered a removal under this subsection where such action would not otherwise constitute a supportive measure.

   Any such removal must be consistent with federal and state law, including any applicable law protecting the rights of individuals with disabilities. The respondent shall receive notice of the removal and an opportunity to challenge the decision in an informal hearing with the Executive Director immediately following the removal.

   An employee respondent may be placed on administrative leave if EHRA status or investigatory leave if SHRA status during the pendency of the grievance procedures if consistent with applicable state and federal laws.

8. Grievance Procedures for Complaints of Sexual Harassment

   The school provides these grievance procedures for the resolution of complaints of sexual harassment submitted or initiated in accordance with Section V, above.

   1. General Principles

      1. Equitable Treatment

         During the pendency of the grievance procedures, the school will treat complainants and respondents equitably. No person with a conflict of interest or bias for or against the complainant or respondent individually or generally may act as the Title IX Coordinator, investigator, or decision maker.

      2. Presumption of Non-Responsibility/Innocence

         The respondent will be presumed not responsible for the alleged sex discrimination until a determination is made at the conclusion of the grievance procedures. No disciplinary consequence or other action that is not a supportive measure may be imposed for a violation of this policy unless the respondent agrees to a specific disciplinary consequence or action in an informal resolution or has been determined to be responsible of sexual harassment at the conclusion of the grievance procedures. Notwithstanding the limitation just described, respondents are subject to temporary removal as described above in Section VII.

      3. Privacy

         School and university officials involved in the grievance procedures shall take reasonable steps to protect the privacy of the parties and witnesses throughout the grievance procedures, including requiring the parties and witnesses to maintain the confidentiality of information and evidence obtained solely through the grievance proceedings. However, no steps will be imposed that restrict the ability of the parties to (1) obtain and present evidence, including by speaking to witnesses; (2) consult with their family members, confidential resources, or advisors; or (3) otherwise prepare for or participate in the grievance procedures.

      4. Timeliness

         The timeframe indicated at each step of the grievance procedures should be considered a maximum, and every effort should be made to expedite the process.

         Reasonable extensions of timeframes may be made on a case-by-case basis for good cause. If an extension is necessary, the parties will receive written notice of the extension and the reason for the extension prior to the end of the original timeframe. School and university officials shall make reasonable efforts to keep the parties apprised of progress being made during any extension period. Delays that interfere with the exercise of the party's legal rights are not permitted.

         Failure by a party to appeal a decision within the specified time limit will be considered acceptance of the decision at the current step, unless the party has notified the appropriate school official of a delay and the reason for the delay and the official has consented to the delay in writing.

   2. Dismissal of a Formal Complaint

      1. Permissible Reasons for Dismissal

         A formal complaint may be dismissed if:

         1. The school is unable to identify the respondent after taking reasonable steps to do so; or

         2. The respondent is not participating in the education program and/or is not employed by the school; or

         3. The complainant voluntarily withdraws any or all of the allegations in the complaint, the Title IX Coordinator declines to initiate a complaint, and the Title IX Coordinator determines that, without the complainant's withdrawn allegations, the conduct that remains alleged in the complaint, if any, would not constitute prohibited sex discrimination even if proven.

      2. Mandatory Reason for Dismissal

         The Title IX Coordinator determines the conduct alleged in the complaint, even if proven, would not constitute sexual harassment. Before dismissing the complaint on this basis, the Title IX Coordinator shall make reasonable efforts to clarify the allegations with the complainant.

      3. Notifications Upon Dismissal

         Upon dismissal of a complaint, the Title IX Coordinator shall promptly notify the complainant and, if the complainant is a student, the complainant's parent of the dismissal, the basis for the dismissal, and that the dismissal may be appealed. If the dismissal occurs after the respondent has been notified of the allegations, the Title IX Coordinator shall provide the same notification to the respondent and, if the respondent is a student, the respondent's parent promptly after notification to the complainant, or simultaneously if notification is in writing.

      4. Bases for Appealing a Dismissal

         Dismissals may be appealed on the following bases:

         1. Procedural irregularity that affected the outcome;

         2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or

         3. The Title IX Coordinator or investigator had a conflict of interest or bias for or against complainants or respondents generally or individually that affected the outcome of the matter.

      5. Appeal Process for Dismissals

         Appeal to the Executive Director of DC Virgo

         The complainant or the parent of a student complainant may appeal the dismissal of the complaint to the Executive Director (unless the Executive Director was the respondent or took part in the investigation of the allegations or dismissal of the complaint, in which case an appeal may be made directly to the Dean of the Watson College of Education.) The Appeal Form can be submitted in writing within three days of receiving notice of the dismissal of the complaint.

         The Executive Director shall implement appeal procedures equally for the parties. Within three days of receiving an appeal of the dismissal, the Executive Director shall notify the parties and, if they are students, their parents of the appeal, including notice of the allegations if notice was not previously provided to the respondent. The Executive Director shall then provide the respondent with a reasonable and equal opportunity to make a written statement in support of or challenging the outcome within three days. Within 10 days of receiving the appeal, the Executive Director shall make a decision on the appeal and notify the parties and, if they are students, their parents in writing of the decision and the rationale for the decision.

      6. Steps Taken After a Dismissal

         When a formal complaint is dismissed, the Title IX Coordinator shall, at a minimum:

         1. Offer supportive measures to the complainant, as appropriate;

         2. If the respondent has been notified of the allegations, offer supportive measures to the respondent, as appropriate; and

         3. Take other prompt and effective steps, as necessary, to prevent future sexual harassment within the education program.

   3. Notice of Allegations

      If the Title IX Coordinator decides not to dismiss the formal complaint or if the complainant successfully appeals a dismissal, the Title IX Coordinator shall promptly provide known parties and, if they are students, their parents with a notice of allegations that includes the following:

      1. The grievance procedures and the informal resolution process, as described in this policy;

      2. Sufficient information available at the time to allow the parties to respond to the allegations, including the identities of the parties involved in the incident(s), the conduct alleged to constitute sexual harassment, and the date(s) and location(s) of the alleged incident(s);

      3. A statement that retaliation is prohibited; and

      4. A statement that (1) the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence or an accurate description of this evidence and (2) if provided a description of the evidence, the parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence upon the request of any party.

      If, in the course of an investigation, the investigator decides to investigate additional allegations of sexual harassment by the respondent toward the complainant that are not included in the initial notice or that are included in a complaint that is consolidated, the investigator shall promptly notify the parties of the additional allegations.

   4. Initiating an Investigation

      After providing the notification of allegations, the Title IX Coordinator shall offer and coordinate supportive measures as described in Section XI of this policy, as appropriate, for the parties. The Title IX Coordinator shall also assign the complaint to the appropriate investigator, who will conduct an investigation.

      The investigator is ordinarily determined as described below; however, the Title IX Coordinator, in consultation with the Dean of Watson College of Education, may determine that conflict of interest, bias, or other individual circumstances warrant the assignment of a different investigator.

   5. Conducting an Investigation

      1. General Process

         The investigation must be adequate, prompt, reliable, and impartial. Investigations involving student respondents should be concluded within 60 school days of an investigator being assigned a complaint. Investigations involving employee respondents would follow timelines outlined in appropriate university policies. The burden is on the investigator, not on the parties, to conduct an investigation that gathers sufficient evidence to determine whether sexual harassment occurred.

         The investigator shall question all relevant parties and witnesses and adequately assess a party's or witness' credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of sexual harassment. Credibility determinations will not be based on a person's status as a complainant, respondent, or witness.

         The investigator shall review all evidence gathered through the investigation, including both evidence that tends to support the allegations (inculpatory evidence) and evidence that tends to refute the allegations (exculpatory evidence) and determine what evidence is relevant and what evidence is impermissible regardless of relevance.

      2. Impermissible Evidence

         The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used) at any stage of the grievance procedures; including appeals, regardless of whether the evidence is relevant:

         1. Evidence provided to a confidential employee or evidence that is otherwise protected under a privilege recognized by federal or state law, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;

         2. A party's or witness' records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the school obtains the party's or witness's voluntary, written consent for use in the grievance procedures; and

         3. Evidence that relates to the complainant's sexual interests or prior sexual conduct, unless evidence about the complainant's prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant's prior sexual conduct with the respondent that is offered to prove consent to alleged sexual harassment. The fact of prior consensual sexual conduct between the complainant and respondent does not by itself demonstrate or imply the complainant's consent to alleged sex-based harassment or preclude determination that sexual harassment occurred.

      3. Equal Opportunities

         The investigator shall provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and permissible.

         The investigator shall provide each party with an equal opportunity to access either the relevant, permissible evidence or an accurate description of this evidence. If the investigator provides a description of the relevant, permissible evidence, the investigator shall provide the parties with an equal opportunity to access such evidence upon the request of any party. The investigator shall provide a reasonable opportunity to respond to the evidence or accurate description of the evidence and shall take reasonable steps to prevent and address the parties' unauthorized disclosure of information and evidence obtained solely through the grievance procedures. Disclosures of such information and evidence for purposes of administrative proceedings or litigation related to the complaint are authorized.

   6. Appeals

      If either party wishes to appeal the investigator's determination of whether sexual harassment occurred, the party or, if the party is a student, the party's parent may appeal to the Executive Director (unless the Executive Director is the respondent or took part in the investigation, in which case an appeal may be made directly to the university in accordance with the next paragraph). The appeal must be submitted in writing within three days of receiving the notice of the outcome of the investigation. The Executive Director shall review the record of the evidence, findings of the investigation, and recommended disciplinary consequences, remedies, and/or other responses. The Executive Director may also conduct any further investigation necessary or take any other steps to respond. The Executive Director shall provide a written response within 10 days of receiving the appeal.

      Employees and applicants for employment may appeal the Executive Director's decision to the Dean of UNCW's Watson College of Education. Students, their parents, and other non-employees/applicants may appeal the Executive Director's decision to the Dean.

9. Disciplinary Consequences, Remedies, and Other Responses to Address Sexual Harassment

   The Title IX Coordinator is responsible for taking or causing appropriate action to be taken in response to sexual harassment in violation of this policy. Upon a determination that sexual harassment occurred, the Title IX Coordinator shall, as appropriate: (1) coordinate with the principal or other relevant school official the imposition of any disciplinary consequences on a respondent, including notification to the complainant of any such disciplinary consequences; (2) coordinate the provision and implementation of remedies to the complainant and other people the investigator identifies as having had their equal access to the education program limited or denied by sexual harassment; and (3) take other appropriate, prompt, and effective steps to ensure that sexual harassment does not continue or recur within the education program.

   1. Disciplinary Consequences

      No disciplinary consequences will be imposed until any appeals have been exhausted.

      1. Disciplinary Consequences for Students

         The disciplinary consequences for student violations of this policy will be imposed by the principal, the Dean, or other designated school officials in accordance with the Code of Student Conduct. Based on the nature and severity of the offense and the circumstances surrounding the incident, the student will be subject to appropriate consequences and remedial actions ranging from positive behavioral interventions up to and including expulsion. The consequences will be reported by school administrators in compliance with state and federal guidelines.

         A student recommended for a long-term suspension or expulsion will have all applicable rights accorded by school policy and state law.

         This policy will not be construed to allow school officials to punish student expression or speech based on undifferentiated fear or apprehension of a disturbance or out of a desire to avoid the discomfort and unpleasantness that may accompany an unpopular viewpoint.

      2. Disciplinary Consequences for Employees

         In the event that a violation of this Policy is found, the pertinent school official (the principal) shall determine the appropriate disciplinary action, in consultation with the Associate Vice Chancellor of Human Resources or designee and General Counsel, in accordance with the appropriate disciplinary procedures pertaining to the affected individual. Any prior violations of this policy involving the respondent shall be considered in any disciplinary action.

         1. The employee shall be informed within three (3) business days by the Associate Vice Chancellor of Human Resources or designee, in writing, when a decision has been reached. Results of the investigation, the fact-finding report, and any subsequent disciplinary action shall be kept confidential to the extent allowed by the North Carolina Human Resources Act (G.S. §§ 126-22 et. seq.) and the State Human Resources Commission Personnel Records Policy, or, in the case of student-workers, the Family Educational Rights and Privacy Act ("FERPA"). Generally, parties to the fact-finding will not receive a copy of the report during this stage of the process. Additionally, in general, investigation records are kept in a confidential file separate from the personnel file.

         2. The administration of any disciplinary action for an employee will be the responsibility of the pertinent school official, after consultation with the Director of Employee Relations and Engagement in Human Resources or designee and in accordance with applicable university policy and state law.

      3. Disciplinary Consequences for Other Infractions:

         1. False Statements

            False or malicious complaints of sex discrimination and false statements made in bad faith in the course of any grievance procedure conducted pursuant to this policy are subject to disciplinary action, up to and including dismissal for an employee and long-term suspension for a student. However, no discipline will be imposed for making a false statement solely on a determination of whether sex discrimination occurred.

         2. Other Conduct

            Nothing in this policy will prohibit the school from taking disciplinary action against a student or employee when the evidence does not establish sexual harassment as defined in this policy, but the conduct violates other school policy and/or the Code of Student Conduct or expected standards of employee behavior.

   2. Consequences for Other Respondents

      Volunteers and visitors who engage in sexual harassment will be directed to leave school property and/or be reported to law enforcement or be trespassed from campus. A third party under the supervision and control of the school may be subject to termination of contracts/agreements, restricted from access to school property, and/or subject to other consequences, as appropriate.

   3. Remedies

      Remedial measures may be provided by school officials, as appropriate, to complainants or other persons who had their equal access to or participation in the education program limited or denied by sexual harassment in violation of this policy. Such measures may include counseling, mental health services referral, extensions of deadlines or other course-related adjustments, other academic resources or support, modifications of work or class schedules, escort services, mutual or one-way restrictions on contact between the parties, changes in work locations, leaves of absence, increased security and monitoring, and other measures determined by school or university officials to be necessary to restore or preserve the person's equal access to the education program.

   4. Other Steps

      The Title IX Coordinator may, in consultation with school and university officials, take other measures to end or prevent instances of sexual harassment regardless of whether any individual has been found responsible for the sexual harassment. The Title IX Coordinator may implement or coordinate the implementation of classroom-wide or school-wide responses such as additional staff training, discrimination prevention programs, and other measures reasonably calculated to end prohibited behavior, eliminate a hostile environment and its effects if one has been created, and prevent recurrence of the behavior.

      The Title IX Coordinator shall encourage complainants to report any subsequent problems and may conduct follow-up inquiries as warranted to determine if there have been any new incidents of sexual harassment or any instances of retaliation.

10. Informal Resolution

    At any time prior to determining whether sexual harassment occurred, the Title IX Coordinator may offer the complainant and respondent an informal resolution process. Informal resolution is not available unless a formal complaint is filed. An informal resolution process will not be offered if: (1) there are allegations that an employee engaged in sexual harassment of a student; (2) the alleged conduct would present a future risk of harm to others; or (3) the Title IX Coordinator determines that other circumstances make informal resolution inappropriate. If an informal resolution process is used, the Title IX Coordinator shall, to the extent necessary, take other appropriate prompt and effective steps to ensure that sexual harassment does not continue or recur within the education program.

    Both parties must voluntarily consent to engage in the informal resolution process in writing. No school employee shall require or pressure a complainant or respondent to participate in an informal resolution process. No individual will be required to waive the right to an investigation and determination of a complaint as a condition of participation in the education program or the exercise of any other right.

    Before the initiation of an informal resolution process, the parties must receive notice that explains: (1) the allegations; (2) the requirements of the informal resolution process; (3) that, prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and to initiate or resume the grievance procedures; (4) that agreement to a resolution at the conclusion of the informal resolution process precludes the parties from initiating or resuming grievance procedures arising from the same allegations; (5) the potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the parties; and (6) what information the school will retain and whether and how the school could disclose such information for use in grievance procedures if grievance procedures are initiated or resumed.

    The Executive Director, in consultation with the Title IX Coordinator, shall assign a person to facilitate the informal resolution process. The facilitator will not be the same person as the investigator in the grievance procedures. The facilitator must have received appropriate training and must not have a conflict of interest or bias for or against the complainant or respondent generally or individually.

11. Supportive Measures

    Supportive measures are defined as individualized measures offered as appropriate, as reasonably available, and at no cost to the parties to: (1) restore or preserve that party's access to the education program, including measures that are designed to protect the safety of the parties or the educational environment; or (2) provide support during the grievance procedures or during the informal resolution process. Supportive measures must not unreasonably burden a party to the complaint and may not be imposed for punitive or disciplinary reasons.

    Supportive measures may vary depending on what is reasonably available. These measures may include but are not limited to: counseling; extensions of deadlines and other course-related adjustments; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more parties; leaves of absence; changes in class, work, or extracurricular or any other activity, regardless of whether a comparable alternative exists; and training and education programs related to sexual harassment.

    Supportive measures may, as appropriate, be modified or terminated by the Title IX Coordinator at the conclusion of the grievance procedures or informal resolution process or may continue beyond that point.

    School employees shall not disclose information about supportive measures to persons other than the person to whom they apply unless necessary to provide the supportive measure or restore or preserve a party's access to the education program or when advised by the Title IX Coordinator or university counsel that an exception is permitted by law.

12. Prohibited Disclosures of Personally Identifiable Information

    School employees shall not disclose personally identifiable information obtained in the course of complying with this policy, except in the following circumstances: (1) when prior written consent has been obtained from a person with the legal right to consent to the disclosure; (2) when the information is disclosed to a parent with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue; (3) to carry out the purposes of this policy, including action taken to address conduct that reasonably may constitute sexual harassment prohibited by this policy; (4) as required by federal law or regulation or the terms and conditions of a federal award, including a grant award or other funding agreement; or (5) to the extent such disclosures are not otherwise in conflict with Title IX, when required by State law or when permitted under the Family Educational Rights and Privacy Act.

13. Students with Disabilities

    When the complainant or respondent is a student with a disability, the Title IX coordinator will consult with one or more members of the student's Individualized Education Program team, as appropriate, and/or one or more members of the student's Section 504 team, as appropriate, throughout the implementation of the grievance procedures and the provision of any supportive measures to determine how to comply with the requirements of the Individuals with Disabilities Education Act and/or Section 504 of the Rehabilitation Act of 1973.

14. Records

    The Title IX Coordinator shall create and maintain for a period of seven years:

    1. For each complaint of sex discrimination, records documenting the informal resolution process or grievance procedures and the resulting outcome;

    2. For each notification the Title IX Coordinator receives of information about conduct that reasonably may constitute sexual harassment, records documenting the actions taken by the school system to meet its obligations under Title IX; and

    3. All materials used to provide the training described in this policy.

Related Links: UNC Policy and Code; 02.205 Unlawful Discrimination, Harassment, and Sexual Misconduct Policy | UNCW; 02.210 Title IX Grievance Policy | UNCW