Procedure 2.14.01 - Compliance with Title IX of the Educational Amendments Act of 1972


Compliance with Title IX

 This plan refers to all forms of sexual discrimination, including: discrimination against pregnant and parenting students, sexual harassment, sexual assault, and sexual violence by employees, students, or third parties (Title 20 U.S.C. Sections 1681-1688).

Although Title IX is commonly associated with sex-based discrimination in athletics, the law is much broader.   Title IX prohibits sexual discrimination in all College programs and activities, including but not limited to, admissions, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignment, grading, recreation, athletics, housing, and employment.

Sexual harassment and sexual violence are forms of sexual discrimination prohibited by Title IX, as outlined in the “U.S. Department of Education’s Dear Colleague Letter, 2011”.  Title IX also prohibits retaliation against people for making or participating in complaints of sexual discrimination as outlined in the letter above.

Unlawful discriminatory behaviors under Title IX include, but are not limited to: sexual harassment, sexual violence, stalking, dating violence and retaliation.

 

The following definitions apply:

Illegal discrimination must be severe, pervasive (persistent) and objectively offensive and shall be defined as:

The failure or refusal to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, gender, disability, age, national origin, or political affiliation;

The limiting, desegregating, or classification of any employee in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, gender, disability, age, national origin, or political affiliation;

The denial, deprivation, limitation, or any other discrimination against an individual to any educational service or program of the College when the denial, deprivation, limitation, or other discrimination is because of such individual’s race, color, religion, sex, gender, disability, age, national origin, or political affiliation;

Any other action of the College, its personnel, working in their official employment capacity, which is based on an individual’s race, color, religion, sex, gender, disability, age, national origin, or political affiliation.

Hostile Environment shall be defined as unwelcomed conduct which is severe or pervasive enough to create a work or educational environment that a reasonable person would consider intimidating, hostile, or abusive when such unwelcomed conduct is the result of some illegal discrimination. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets, name calling, physical assaults, threats, intimidation, ridicule, mockery, insults, offensive objects or pictures, and interference with work or education. Petty slights, annoyances, isolated instances, or environments created by something other than illegal discrimination shall not rise to the level of a hostile environment.

Preponderance of the Evidence shall be defined as a finding that a claim or allegation is more likely than not to be true. This term does not refer to the quantity of evidence but rather to the quality of the evidence. It means that the fact finder must be persuaded, considering all the evidence, that the necessary facts to establish the allegation are more likely than not to exist.

Retaliation means any adverse action threatened or taken against a person because he or she has filed, supported, or provided information in connection with a Complaint of Sexual Misconduct, including but not limited to direct and indirect intimidation, threats, and harassment.  Retaliation against any person participating in good faith in connection with a complaint of sexual misconduct is strictly prohibited.  Violations will be addressed through these procedures and/or other applicable College disciplinary policies or procedures.

Sex/Gender Discrimination shall be defined as illegal discrimination and includes the exclusion of a person from participation in or the denial of a person from the benefits of any SCC employment, education program, or SCC activity based upon their sex or gender. Without limiting the definition of Sex/Gender Discrimination, the following are defined as acts of Sex/Gender Discrimination.

Sexual harassment is unwelcome, gender-based verbal or physical conduct that is, sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the College’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.  The following are examples of types of conduct that may constitute sexual harassment:

  • Inappropriate touching, patting, or pinching
  • Physical assault or coerced sexual activity
  • Demands or subtle pressure for sexual favors
  • Unwanted phone calls, texts, email, or gestures
  • Condition a benefit by submitting to sexual advances

Sexual Violence: Refers to a type of sex/gender discrimination involving physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent). A number of different acts, as defined below fall into the category of sexual violence including: dating violence, domestic violence, rape, sexual assault, sexual battery, sexual coercion, and stalking. Sexual Violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are forms of sex/gender discrimination prohibited by Title IX, the Board of Trustees, and College Administration.

Dating Violence is defined as violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.

Domestic Violence is defined as asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former co-inhabitant, persons similarly situated under a domestic or family violence law, or anyone else protected under domestic or family law.

Rape is defined as penetration, no matter how slight, 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.

Sexual Assault is defined as any involuntary sexual act in which a person is threatened, coerced, or forced to engage against their will, or any sexual touching of a person who has not consented. This includes rape (such as forced vaginal, anal, oral penetration), groping, forced kissing, child sexual abuse, or the torture of a victim in a sexual manner.

Sexual Battery shall be defined as an unwanted form of contact with an intimate part of the body that is made for purposes of sexual arousal, sexual gratification, or sexual abuse. Sexual battery may occur whether the victim is clothed or not.

Sexual Coercion shall be defined as any act of persuading or coercing a person into engaging in an unwanted sexual activity through physical force, the threat of physical force, or emotional manipulation. It may also include substance coercion. Coercive situations may occur along a continuum and may not be obvious, even to the coerced individual.

Stalking is defined as a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or other’s safety, or to suffer substantial emotional distress. Please see section 14-277.3A of the General Statutes for North Carolina’s definition of stalking.

Consent must be received prior to engaging in sexual activity and shall be defined as affirmative action through clear words or actions that creates the mutual understandable permission of all parties to willingly engage in sexual activity and the conditions of such activity. Consent can only be given by one who has the mental and physical capacity to make such a decision, and it must be clear, knowing, and voluntary. Consent to engage in one form of sexual activity cannot automatically imply to consent to engage is any other form of sexual activity. Previous relationships or prior consent cannot imply consent to future sex acts. Consent can be withdrawn at any time. Consent may not be granted by a person known to be, or by one who should be known to be, mentally or physically incapacitated. It should be recognized that the lack of protest or resistance is not, in and of itself, consent and persons who are asleep, unconscious, or unable to communicate due to a mental or physical condition are not capable of granting consent.

 

Reporting Alleged Sexual Misconduct:

 

  1. Individuals may report sexual misconduct to local law enforcement agencies by dialing 911. Individuals who make a criminal complaint may also choose to pursue a college complaint simultaneously.  A criminal investigation does not release the College from its obligation to conduct its own investigation.

 

  1. Individuals may choose to report alleged sexual misconduct to a campus official.  The College respects and supports the individual’s decision with respect to reporting; however, if information about sexual misconduct comes to the attention of the College, the College may start an investigation even in the absence of a filed complaint and/or notify appropriate law enforcement authorities if required or warranted based on the nature of the information reported.

 

Anyone wishing to report sexual misconduct should contact any one of the following individuals as outlined below:

 

Responsibility for Title IX:

 Southeastern Community College has a responsibility to ensure compliance by demonstrating that our education programs and other activities are operated in a manner consistent with Title IX regulations and provisions.  The college has designated the Director of Human Resources as the College’s Title IX Coordinator.  He/she is designated as the person charged with providing general oversight of the Title IX program, coordinating the College’s implementation of this policy and for coordinating/handling complaints from faculty and other employees.  The college has designated the Executive Dean of Student Services as the Title IX Deputy Coordinator.  This individual is also responsible for the implementation of this policy and for coordinating/handling complaints from students.

Title IX Coordinator

Bill Maultsby

Director, Human Resources

bmaultsby@sccnc.edu

(910) 642-7141 x310

A-Bldg, Rm 107

 

Title IX Deputy Coordinator

Sylvia Cox

Executive Dean, Student Services

Sylvia.cox@sccnc.edu

(910) 642-7141 x381

A-Bldg, Rm 125

 

When concerns are brought to their attention or when they suspect that sexual or gender discrimination may be present, they are required to initiate and/or oversee timely investigations and provide updates to the accuser and the accused.  Initial investigations must be completed within 30 day from the date of the report; therefore all faculty and staff are required to cooperate fully, truthfully, and expediently with investigations as outline in this procedure.

 

Employee Responsibility to Report:

 Employees, in general, have a responsibility to report incidence regarding sexual misconduct once they are informed by a complainant.  Employees, (other than responsible employees) before getting the story from the employee/student, the employee/student will be made aware of the requirement to report the situation, including identity, to the Title IX Coordinator.  The Title IX Coordinator will discuss the employee’s/student’s options, including confidentiality.

Responsible Employees:

A responsible employee is defined as a college employee who has the authority to take action to address sexual harassment/misconduct.  A responsible employee has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by employees and students to the Title IX Coordinator, Deputy Coordinator or other responsible employee.  Responsible Employees are defined to include all College administrators (Campus Police, Executive Deans, Division Chairs, Associate Chairs, Faculty (to include Adjunct), Academic Counselors, Coaches, Student Affairs employees, Directors, Vice Presidents and the President).  If an employee or student is unsure of someone’s duties and ability to maintain one’s privacy, the employee or student should ask the person before he/she speaks to him/her.  After disclosure, the student will be made aware of the requirement to report the situation, including identity, to the Title IX Coordinator.  The Title IX Coordinator will discuss the employee’s/student’s options, including confidentiality.

Responsible employees must report incidents of alleged sexual violence to the Title IX Coordinator or other designee to initiate an investigation.

 

Confidential Employees:

 A Confidential Employee is not a Responsible Employee and is not required to report incidents of sexual misconduct to the College’s Title IX Coordinator if confidentiality is requested by the student.  Campus counselors are not considered as Confidential Employees.  While campus counselors do not have to report Personally Identifiable Information (PPI) such as victim’s name, general information, such as nature, date time, and general location of the incident must be reported.

Bystander Intervention:

 Safe and positive actions may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking.  Bystander interventions include, but are not limited to:

  • Recognizing situations of potential harm
  • Understanding institutional structures and cultural conditions that facilitate violence
  • Overcoming barriers to intervening
  • Identifying safe and effective intervention options
  • Taking actions to intervene

 

Amnesty:

 The health and safety of every student at Southeastern Community College is of utmost importance. The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to College officials.  The College may also offer amnesty or leniency to the alleged victim or reporting witness with respect to other violations of College policy which may be disclosed as a result of such reports, depending on the circumstances involved.  A bystander acting in good faith or a reporting individual (complainant) acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Southeastern officials or law enforcement will not be subject to Southeastern’s Code of Conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

 

Interim Measures:

Once the College is made aware of a complaint, steps will be taken to ensure equal access to educational programs and activities for the victim and the alleged perpetrator.  Options that may be presented include, but are not limited to:

Employees/Students

  • Avoiding contact
  • Rearrangement of class schedules/extracurricular activities
  • Assessing resources: victim advocacy, academic support, counseling
  • Use of disability services, health and mental services
  • Reassignment
  • Legal assistance
  • Right to report a crime to campus/local law enforcement

Title IX Investigators:

The following employees are charged with investigating complaints of harassment and discrimination in violation of this policy.   These individuals may be contacted to initiate an investigation under the policy or to answer questions regarding the policy.  The College also reserves the right to retain an outside investigator to investigate complaints regarding violations of this policy.

Bill Maultsby

Director, Human Resources

bmaultsby@sccnc.edu

(910) 642-7141 x310

A-Bldg, Rm 107

 

Sylvia Cox

Executive Dean, Student Services

sylvia.cox@sccnc.edu

(910) 642-7141 x381

A-Bldg, Rm 125

 

Ashby Stallings

Campus Police Officer

chip.stallings@sccnc.edu

(910) 642-7141 x376

(910) 642-770-3232 (c)

HHS Bldg, Rm 103

 

Al West

Director of Nursing and Health Technologies

al.west@sccnc.edu

(910) 642-7141 x293

R-Bldg, Rm 124

 

Angie Uhl-Kalev

Director of Student Services

angie.uhlkalev@sccnc.edu

(910) 642-7141 x269

A-Bldg, Rm 125-A

 

Travis Paul

Director of Public Safety Education

travis.paul@sccn.edu

(910) 642-7141 x217

HHS-Bldg, Rm 104

 

Karlyn Stephens

Athletic Director

Karlyn.stephes@sccnc.edu

(910) 642-7141 x289

Nesmith, Rm 106-A

 

Investigation Procedures:

 Any complaint relating to discrimination, harassment or sexual harassment should be immediately referred to the Director of Human Resources (employee complaint) or the Executive Dean of Student Services (student complaint). (Note: if the accused party is a person that would otherwise be involved in the Investigation or in the Appeal process, the accused party may not participate in the Investigation or Appeal process; should the College President be named as an accused party, the Appeals process should omit the President as being the final decision maker. In that circumstance, the Board of Trustees or the Executive Committee of the Board should serve as the final decision making body).

  1. Within 5 working days of receiving the complaint the person charged with the complaint will be notified and an investigation will be initiated to determine whether there is a reasonable basis for believing that a violation of the policy had occurred.
  2. During the investigation, interviews will be conducted with all parties concerned. Within 30 working days of the complaint being filed, the investigation will be concluded and a report submitted of the findings to college administration.
  3. If it is determined that a violation of this policy has occurred, a recommendation of appropriate disciplinary action will follow.  The appropriate action will depend on the following factors: (i) the severity, frequency and pervasiveness of the conduct; (ii) prior complaints made by the complainant; (iii) prior complaints made against the accused; (iv) the quality of the evidence (first-hand knowledge, credible corroboration, etc.)  If it is determined that an individual has been falsely accused appropriate disciplinary action will follow.
  4. Within 5 working days after the investigation is concluded, the complainant and accused will be notified separately of the findings of the investigation.

 

Appeal Procedures:

 Either the complainant or accused who disagrees with the results and/or sanctions of the investigation may exercise their rights by filing a written appeal to the appropriate Vice President/Executive Dean of Student Services requesting reconsideration of the previous decision.  The appeal/reconsideration of decision request must be presented in writing within 5 working days after receipt of the decision.  The appropriate Vice President, in the case of an employee appeal, or the Title IX Coordinator, in the case of a student appeal, will render a decision on the appeal request within 5 working days following receipt of the request.

If either party is dissatisfied with the decision of the Vice President, a written appeal may be filed within 5 working days to the College President requesting reconsideration of the finding of the Title IX Investigator and the Vice President.  The President will review the investigation, recommendations and decisions and any other evidence.  The President will render a final decision on the matter and notify the complainant or accused within 10 working days of receipt of the appeal.  No additional remedy shall be granted following the decision of the President.

 

Protection of Complainant and Others:

 All reasonable actions are taken to assure that the complainant and those testifying on behalf of the complainant or supporting the complainant in other ways suffer no retaliation as the result of their involvement in the process.

 

Protection of the Accused:

 At the time the investigation commences, the accused is informed of the allegations, the identity of the complainant, and the facts surrounding the allegations.

In the event the allegations are not substantiated, all reasonable steps are taken to restore the reputation of the accused if it were damaged by the proceedings.

 

 

 

Protection of Both Parties:

 To the extent possible, the proceedings are conducted in a manner that protects the

confidentiality interests of both parties.

After the investigation, the parties are informed of the facts developed in the course of the investigation.

The parties are informed promptly in writing about the outcomes of the proceedings.

 

Sanctions:

 Possible sanctions for students may include but not limited to:

  • Restricted access to buildings, events, or areas of the campus
  • Suspension
  • Expulsion

 

Possible sanctions for employees may include but not limited to:

  • Grant a leave of absence (with/without pay)
  • Suspension (without pay)
  • Termination

 

Education and Prevention:

SCC is committed to increasing the awareness of and prevention of sexual misconduct and discrimination both on and off campus.  The college makes continued efforts to provide students and employees with information and strategies intended to prevent sexual misconduct and discrimination.  In an effort to promote on-going awareness on campus safety, on occasion, SCC conducts informational sessions and training on a wide-variety of subjects related to the health, safety and well-being of our employees and students.

 

Other policies or procedures to be referenced:

 U.S. Department of Education’s Dear Colleague Letter, 2011.

Policy 2.6: Campus SaVE Act: Dating Violence, Domestic Violence, Sexual Assault and Stalking

Policy 2.7: Anti-harassment

Policy 5.30: Employee Grievance

Student Handbook

Last Updated on August 23, 2016