1.           Purpose

2.           Notice of Nondiscrimination

3.          Scope and Jurisdiction

4.          Definitions

5.          Prohibited Conduct

6.          Title IX Coordinator

7.          Reporting Options and Confidentiality

7.1        Privileged Communications vs. Non-Privileged Communications

7.2       Obligations of the University Upon Receipt of a Complaint

7.3       U.S. Department of Education Formal Grievance Filing

8.         Formal Grievance Procedures and Protocols (Notice, Intake, Complaints, Investigations, Hearings and Appeals) 

8.1       Notice and Reporting

8.2       Intake

8.3       Supportive Measures   

8.4       Emergency Removal

8.5       Complaint Procedures

8.6       Voluntary Informal Resolution

8.7       Investigation

8.8       Live Grievance Hearing

8.9       Appeals

8.10     SHRA Employees, Faculty and EHRA Non-Faculty Employees

8.11     University Contractors and Visitors

9.         Notice and Record Keeping

9.1       Notice

9.2       Recordkeeping

10.       Responsible Action

11.       Retaliation

12.       False Claims

13.       Training

14.       Options for Assistance and Support Services

15.       Education and Prevention Programs

16.       Annual Review

 

1.         Purpose

North Carolina Central University (“NCCU” or “University”) is committed to providing an inclusive and welcoming environment that is free from discrimination based on protected characteristics, harassment, and retaliation for engaging in protected activity for all members of the University Community. The University is committed to providing an institutional environment free from unwelcome and unwanted sexual actions. The University strongly condemns all forms of Sex Discrimination, including, sex-based harassment, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, sexual assault, dating violence, domestic violence, and stalking offenses. This policy was created in compliance with Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681, et seq.). As such, this Policy describes prohibited conduct, establishes procedures for responding to reports of Sex Discrimination, and sets forth resources available to students and employees. The University is committed to academic and professional excellence, which is evidenced by its intent to enhance and protect the educational process. Sex Discrimination, Sex-based harassment, sexual assault, dating violence, domestic violence, and stalking can hinder excelling academically and professionally. Any form of interpersonal intimacy requires mutual engagement in an environment of affirmative consent. Sex Discrimination, including Sex-based harassment, sexual assault, domestic violence, dating violence, and stalking against anyone by another individual, whether non-stranger or stranger, is unacceptable.

Notice of Nondiscrimination

North Carolina Central University does not discriminate on the basis of sex and prohibits sex discrimination in any Education Program or Activity that it operates, as required by Title IX, including in admission and employment. Sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

2.          Scope and Jurisdiction

This Policy is only applicable to alleged incidents that occur after August 1, 2024. For alleged incidents of sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Title IX Coordinator.

This Policy applies to all NCCU students, faculty, administrators, staff, and volunteers as well as to contractors, consultants, vendors doing business with or providing services to the University (third parties), and other individuals participating in or attempting to participate in NCCU’s Education Program or Activity including education and employment.

 

This Policy prohibits all forms of discrimination on the basis of the protected characteristic(s) listed in the Notice of Nondiscrimination. The Grievance Procedures set forth herein may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with this Policy.

This Policy applies to NCCU’s Education Programs and Activities (defined as including locations, events, or circumstances in which the University exercises substantial control over both the Respondent and the context in which the conduct occurred), circumstances where the University has disciplinary authority, and to misconduct occurring within any building owned or controlled by an NCCU-recognized student organization.  This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to NCCU’s education programs or activities.

3.          Definitions

3.1        Terms Used in the NCCU Sexual Misconduct, Interpersonal Violence and Discrimination Policy

3.1.1     Report of Allegation(s) - Any person, whether such person is the Complainant, the Respondent, or a parent or legal representative, friend, or bystander, has the right to report allegations of sex-based harassment, sexual misconduct, or Sex Discrimination to notify the Title IX Coordinator of the alleged offense.

3.1.2    Coercion involves unreasonable and unwanted pressure to engage in sexual activity. Engaging in sexual activity should be the result of a freely given choice. An individual should engage in sexual activity because he/she/they want to, and not as the result of being pressured by someone else. Threatening, cajoling, badgering, or pressuring someone is not consent but examples of coercion.

3.1.3    Complaint means an oral or written request to NCCU that objectively can be understood as a request for NCCU to investigate and make a determination about alleged discrimination under Title IX or its regulations.

3.1.4   Complainant means: (1) A Student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations; or (2) A person other than a Student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or its regulations and who was participating or attempting to participate in NCCU’s Education Program or Activity at the time of the alleged sex discrimination..

3.1.5     Confidential Employee  means: (1) An employee whose communications are privileged or confidential under Federal or State law. The employee’s confidential status, for purposes of this part, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; (2) An employee whom the recipient has designated as confidential under this part for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination in connection with providing those services; or (3) An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination-but the employee's confidential status is only with respect to information received while conducting the study.

3.1.6    Consent is an affirmative decision to engage in mutually acceptable sexual activity given by clear actions or words. It is an informed decision made freely, willingly, and actively by all parties. Consent is informed, knowing, and voluntary. Consent is active, not passive. Silence or an absence of resistance cannot be interpreted as consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be given by words or actions, if those words or actions create mutually understandable permission regarding the conditions of sexual activity. Consent to sexual activity may be withdrawn at any time. If consent is withdrawn, all sexual activity must immediately cease.

3.1.6.1   In the absence of mutually understandable words or actions (an agreement on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator (the person who wants to engage in the specific sexual activity) to make sure that he/she/they has consent from the potential partner(s). Coercion, force, or threat of either invalidates consent.

3.16.2    Conduct will be considered “without consent” if no clear consent, verbal or nonverbal, is given. It is important not to make assumptions; if confusion or ambiguity on the issue of consent arises anytime during the sexual interaction, it is essential that each participant stops and clarifies, verbally, willingness to continue. In the State of North Carolina, an individual cannot legally give consent if he/she/they are incapacitated due to alcohol or legal or illegal drugs, or under the age of 16.

3.1.6.3   Someone is not giving consent if she/he/they are: saying “no” or “stop”, crying, moving away, pushing the other(s) away, completely still/unengaged, intoxicated, drugged/high, asleep, unconscious, physically or psychologically pressured or forced, intimidated, coerced, manipulated, mentally or physically impaired, beaten, threatened, confined, or under the age of 16.

3.1.6.4   Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Being intoxicated does not diminish one’s responsibility to obtain consent. Silence, previous sexual relationships, and/or a current relationship with the initiator (or anyone else) may not be taken to imply consent.

3.1.7   Education Program or Activity means all of NCCU’s operations and includes conduct that (1) occurs in any building owned or controlled by a student organization that is officially recognized by NCCU, and (2) is subject to NCCU’s disciplinary authority.   The obligation to address a Sex-based hostile environment under NCCU’s Education Program or Activity may extend to some conduct that occurred outside NCCU’s Education Program or Activity or outside the United States, if such conduct is alleged to be contributing to the hostile environment.

3.1.8   Hearing Officer is the individual(s) designated by the University to preside over the live grievance hearing and render a decision regarding the responsibility of the Respondent, as set forth herein. For the avoidance of doubt or confusion, the Hearing Officer is a separate decision-maker, who is not the Title IX Coordinator, the Title IX Investigator or the individual making any appeal decisions.

3.1.9   Incapacitation is defined as being in a state in which a person sufficiently lacks the mental awareness that the situation is of a sexual nature or cannot appreciate (rationally and reasonably) the nature and/or extent of a situation that may involve sex. Respondents of sexual assault often use alcohol or drugs as a tool to rape. Under NC law, no one can give consent if he/she/they are under the influence of drugs or alcohol. Further, being intoxicated or high is never an excuse to perpetrate sexual assault. The University encourages all bystanders to report to the police any act that could potentially lead to sexual assault.

3.1.10  Intimidation is the use of threats or promise of a threat to compel and/or deter someone from taking a particular action.

3.1.11  Mandatory[A1]  Reporters include all NCCU faculty and staff members, with the exclusion of confidential resources[A2] . As Mandatory Reporters, all faculty and staff must report all known details of actual or suspected instances of discrimination, sex-based harassment, sexual assault, dating violence, domestic violence, stalking and retaliation to the University’s Title IX Coordinator immediately upon learning of such allegations. Supportive measures may be offered as the result of such disclosures without formal University action.

 

3.1.12  Party means a Complainant or Respondent.

 

3.1.13  Retaliation means intimidation, threats, coercion, or discrimination against any person by NCCU, a Student, or an employee or other person authorized by NCCU  to provide aid, benefit, or service under NCCU’s Education Program or Activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, 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 the Title IX regulations.

 

3.1.14  Respondent is the term used for the individual who has committed the alleged sexual harassment. Until the conclusion of the investigation, the sexual harassment is alleged.

3.1.15  Sex-Based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

1. Quid pro quo harassment. An employee, agent, or other person authorized by NCCU to provide an aid, benefit, or service under NCCU’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
2. Hostile environment harassment. Unwelcome Sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from NCCU’s Education Program or Activity (i.e., creates a hostile environment). 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 NCCU’s Education Program or Activity;

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

   3. The Parties’ ages, roles within NCCU’s Education Program or Activity, 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 NCCU’s Education Program or Activity; or

3. Specific offenses. 

   1. “Sexual Assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. As of the effective date of this Policy, those offenses are defined as follows:

      1. Forcible sex offense: any sexual act, including rape, sodomy, sexual assault with an object or fondling, directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent. (1) Forcible rape (except statutory rape (defined below)) — the carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving Consent because of their temporary or permanent mental or physical incapacity. (2) Forcible sodomy — oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving Consent because of their youth or because of their temporary or permanent mental or physical incapacity. (3) Sexual assault with an object — to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving Consent because of their youth or because of their temporary or permanent mental or physical incapacity. (4) Forcible fondling — the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving Consent because of their youth or because of their temporary or permanent mental or physical incapacity.

      2. Nonforcible sex offense: unlawful, nonforcible sexual intercourse. (1) Incest — nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (2) Statutory rape — nonforcible sexual intercourse with a person who is under the statutory age of Consent.

   2. Dating violence meaning violence committed by a person:

      1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

      2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:

         1. The length of the relationship;

         2. The type of relationship; and

         3. The frequency of interaction between the persons involved in the relationship;

      3. Domestic violence meaning felony or misdemeanor crimes committed by a person who:

         1. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of NCCU or a person similarly situated to a spouse of the victim;

         2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

         3. Shares a child in common with the victim; or

         4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction; or

      4. Stalking meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

         1. Fear for the person’s safety or the safety of others; or

         2. Suffer substantial emotional distress.

3.1.16    Student means a person who has gained admission to NCCU.

3.1.17 Supportive Measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

1. Restore or preserve that Party’s access to NCCU’s Education Program or Activity, including measures that are designed to protect the safety of the Parties or NCCU’s educational environment; or
2. Provide support during NCCU’s grievance procedures or during an informal resolution process.

3.1.18    University Community, for purposes of this Policy, refers to any individual who is a member of the student body, an employee, an independent contractor, or a volunteer at NCCU.

 

4.         Prohibited Conduct

NCCU prohibits Sex Discrimination in any Education Program or Activity that it operates, as required by Title IX, including in admission and employment. Sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.  NCCU also prohibits sex-based harassment as described in this Policy and other unwelcome behaviors of a sexual nature of any kind. Sex-based harassment includes Sexual or gender-based discrimination and harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. Sex -based harassment may include unwelcome sexual advances, requests for sexual favors and other verbal, physical, or electronic conduct of a sexual nature that creates a hostile, intimidating, or abusive environment. Sexual assault is a form of sexual or gender based harassment that involve having or attempting to have sexual contact with another individual without consent. 

5.         Title IX Coordinator

The NCCU employee designated to coordinate the University’s compliance with Title IX is the Title IX Coordinator in the Office of Legal Affairs. Inquiries or concerns about Title IX may be referred to:

Ciarra Joyner
Title IX Coordinator
North Carolina Central University
1801 Fayetteville Street
Durham, NC 27707
(919) 530-7944
[email protected]

The role of the Title IX Coordinator is to ensure compliance with federal and state regulations on Title IX. The Title IX Coordinator oversees the University’s compliance with Title IX. The duties and responsibilities of the Title IX Coordinator include, but are not limited to, serving as the chief investigator of Title IX allegations in all investigations in which the Title IX Coordinator is not the Complainant; coordinating investigation of Title IX violations and allegations by other duly trained investigators; coordinating the effective implementation of all Supportive Measures; preparing an investigation report summarizing the information obtained during the investigation, when serving as the investigator, and providing the report to the Hearing Officer; assisting in the development of relevant policy, regulations and rules; working to prevent and remediate Sex Discrimination; serving as the contact for government inquiries; ensuring that current and prospective members of the University Community, including prospective students and their parents or guardians, investigators, Hearing Officers, and informal resolution mediators, receive all necessary information related to this Policy; monitoring the University for barriers to reporting Sex Discrimination and taking steps reasonably calculated to address such barriers; coordinating actions to prevent Sex Discrimination against, and ensure equal access for, students who are pregnant or have related conditions; and providing, managing and/or coordinating all relevant training. Students with a concern about Sex Discrimination may contact the Title IX Coordinator to discuss options for handling the situation, including filing a complaint. Mandatory Reporters must promptly contact the Title IX Coordinator when notified of a concern that may implicate a violation of this Policy.

6.         Reporting Options and Confidentiality

NCCU encourages reports of Sex Discrimination, including Sex-based Harassment, so the reporting party can receive the support they need, and so the University can respond appropriately. NCCU will take reasonable steps to uphold confidentiality as required by FERPA and other laws, policies and regulations. However, this will not restrict the ability of the Complainant or the Respondent to obtain and present evidence, including by speaking with witnesses, consulting with Confidential Resources or advisors, or otherwise prepare for or participate in the grievance procedures.

6.1        Privileged Communications vs. Non-Privileged Communications

6.1.1     The University encourages Complainants to talk to the Title IX Coordinator about what happened so the University can provide Supportive Measures and respond appropriately. Complainants may also talk to a University employee, as all University employees, except those who are designated as “Confidential Employees””, are considered to be Mandatory Reporters. Once a Mandatory Reporter is made aware of any potential allegations of Sex Discrimination, the Mandatory Reporter must report the information to the Title IX Coordinator and the Title IX Coordinator has an obligation to conduct a preliminary investigation into the allegations and take action in accordance with this Policy. Failure of a Mandatory Reporter to report Sex Discrimination allegations to the Title IX Coordinator may result in an adverse action related to the individual’s employment with the University.

6.1.2     The only exception to the requirement that an employee report such information to the Title IX Coordinator arises when the employee is considered a Confidential Employee. When a Complainant talks to these individuals, the communication is called a “privileged communication”. This person is considered a confidential resource. In most cases, information reported to a confidential resource will remain confidential and will not be shared with anyone. However, in certain limited circumstances, a confidential resource must report the information shared with him/her/them by a Complainant. For example, a confidential resource may need to share otherwise confidential information where an imminent danger to the student or another individual exists in the opinion of the professional staff or administrator. In addition, all University employees are required by North Carolina law to report abuse or neglect upon a child or any disabled person.

6.1.3     Privileged or Confidential communication will exist in any conversations a client may have with his or her or their: (i) attorney; (ii) doctor; (iii) mental health counselor; or (iv) pastoral counselor, as long as the individuals are acting in their professional capacities during the conversation. This privilege protects both a Complainant and a Respondent and protects against the use of such privileged information during any investigation or hearing conducted pursuant to this Policy. More specifically, no Party, including the University, may ask, or permit questions to be asked, about privileged communications. However, at any time, an individual can voluntarily elect to waive his/her/their own privilege and introduce evidence or information from a privileged communication to support his/her/their allegations or arguments related to sexual harassment.

6.2        Obligations of the University Upon Receipt of a Complaint

Once the Title IX Coordinator has notice of an allegation of Sex Discrimination, the University will immediately initiate the process and procedures set forth in this Policy. Any person seeking information or guidance concerning potential Sex Discrimination will be advised that the University may be required to take action once informed of an allegation whether or not the person wants to pursue a complaint. A Complainant who has a privileged communication with a confidential resource must understand that if the Complainant wants to maintain confidentiality, the University may be unable to conduct an investigation into the particular incident or pursue disciplinary action against the alleged Respondent. However, in any such instance, the University will assist the Complainant with receiving Supportive Measures. It is also important to note that, at any time, a Complainant may report the incident to local law enforcement -  assistance and support will be provided to the Complainant should he/she/they decide to pursue this course of action If the Complainant chooses to file criminal charges, the University has an established relationship with University Police and local law enforcement through which the University and University Police can collaborate to support the best interests of the Complainant. To avoid repetitive interviews and duplication, some information collected in the University’s investigation may be shared with University Police, when appropriate and when permitted.   

6.3        U.S. Department of Education Formal Grievance Filing

Individuals also may make inquiries or file formal complaints regarding discrimination or harassment to the U.S. Department of Education’s Office for Civil Rights:

The U.S. Department of Education
Office for Civil Rights
District of Columbia Office
400 Maryland Avenue, SW
Washington, DC 20202
Telephone: 800-421-3481
Facsimile: 202-453-6012
Email: [email protected]
Website: https://www.ed.gov/about/ed-offices/ocr

7.         Grievance Procedures for General Complaints of Sex Discrimination

NCCU has adopted grievance procedures that provide for the prompt and equitable resolution of Complaints made by Students, employees, or other individuals who are participating or attempting to participate in its Education Program or Activity, or by the Title IX Coordinator, alleging any action that would be prohibited by Title IX or the Title IX regulations.

Complaints

The following people have a right to make a Complaint of sex discrimination, including Complaints of Sex-Based Harassment, requesting that NCCU investigate and make a determination about alleged discrimination under Title IX:

• A “Complainant,” which includes:
  • a Student or employee of NCCU who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
  • a person other than a Student or employee of NCCU who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in NCCU’s Education Program or Activity;
• A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a Complainant; or
• NCCU’s Title IX Coordinator.

Note that a person is entitled to make a Complaint of Sex-Based Harassment only if they themselves are alleged to have been subjected to the Sex-Based Harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a Complaint.

Initiation of Complaint by Title IX Coordinator

In the absence of a Complaint or the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator will determine whether to initiate a Complaint of Sex-Based Harassment.

To make this fact-specific determination, the Title IX Coordinator must consider, at a minimum, the following factors:

1. The Complainant’s request not to proceed with initiation of a Complaint;
2. The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
3. The risk that additional acts of Sex-Based Harassment would occur if a Complaint is not initiated;
4. The severity of the alleged Sex-Based Harassment, including whether the Sex-Based Harassment, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
5. The age and relationship of the Parties, including whether the Respondent is an employee of NCCU;
6. The scope of the alleged Sex-Based Harassment, including information suggesting a pattern, ongoing sex discrimination, or Sex-Based Harassment alleged to have impacted multiple individuals;
7. The availability of evidence to assist a decisionmaker in determining whether Sex-Based Harassment occurred; and
8. Whether NCCU could end the alleged Sex-Based Harassment and prevent its recurrence without initiating its Title IX grievance procedures.

If, after considering these and other relevant factors, 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 NCCU from ensuring equal access on the basis of sex to its Education Program or Activity, the Title IX Coordinator may initiate a Complaint.

If initiating a Complaint, the Title IX Coordinator will notify the Complainant prior to doing so and appropriately address reasonable concerns about the Complainant’s safety or the safety of others, including by providing Supportive Measures and, regardless of whether a Complaint is initiated, taking other appropriate prompt and effective steps, in addition to steps necessary to effectuate the Remedies provided to an individual Complainant, if any, to ensure that Sex-Based Harassment does not continue or recur within NCCU’s Education Program or Activity.

A Title IX Coordinator is not required to consider initiating a Complaint upon being notified of conduct that may constitute Sex-Based Harassment if the Title IX Coordinator reasonably determines that the conduct as alleged could not constitute Sex-Based Harassment under Title IX.

 

Complaint Consolidation

NCCU may consolidate Complaints of Sex-Based Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of Sex-Based Harassment arise out of the same facts or circumstances; provided, however, that the affected Parties consent to the disclosure of their education records in accordance with FERPA requirements. When more than one Complainant or more than one Respondent is involved, references below to a Party, Complainant, or Respondent include the plural, as applicable.

Complaint Processing Parameters

NCCU will treat Complainants and Respondents equitably.

NCCU requires that any Title IX Coordinator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

As expressly permitted by Title IX, under these grievance procedures the investigator and decisionmaker is the same person and may either be the Title IX Coordinator or someone so designated by the Title IX Coordinator. And, as set forth below, the Parties have an opportunity to challenge the participation of the investigator/decisionmaker for alleged conflict of interest or bias.

NCCU presumes that the Respondent is not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of its grievance procedures.

NCCU has established the following timeframes for the major stages of the grievance procedures:

• decision whether to dismiss or investigate a Complaint within 15 business days after the Title IX Coordinator’s receipt of the Complaint;
• completion of any investigation within 45 business days after the Title IX Coordinator’s receipt of the Complaint;
• issuance of any responsibility determination within 60 business days after the Title IX Coordinator’s receipt of the Complaint; and
• decision on any timely-filed appeal within 15 business days after the Title IX Coordinator’s receipt of the Party’s appeal materials.

The timelines set forth above may be altered for good cause with written notice to the Parties of any delay or extension and the supporting reasons. Good cause may include considerations such as the absence of a Party, a Party’s advisor, or a witness; concurrent law enforcement activity; natural disasters, pandemic restrictions, and similar occurrences; or the need for language assistance or accommodation of disabilities. 

Either Party may request an extension of any deadline by providing the Title IX Coordinator with a written request that includes the length of the proposed extension and the basis for the request. The Title IX Coordinator will review the request and make a determination to grant or deny within three business days. 

NCCU will take reasonable steps to protect the privacy of the Parties and witnesses during its grievance procedures. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. The Parties cannot engage in Retaliation, including against witnesses.

 

Evidentiary Issues

NCCU will objectively evaluate all evidence that is Relevant and not otherwise impermissible—including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by NCCU to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are Relevant:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A Party’s or witness’s 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 NCCU obtains that Party’s or witness’s voluntary, written consent for use in its grievance procedures; and
• 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 the alleged Sex-Based 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 the alleged Sex-Based Harassment or preclude determination that Sex-Based Harassment occurred.

Written Notice of Allegations

Upon initiation of these Sex-Based Harassment Title IX grievance procedures, NCCU will notify the Parties in writing of the following with sufficient time for the Parties to prepare a response before any initial interview:

• NCCU’s Title IX grievance procedures and any informal resolution process;
• 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 Sex-Based Harassment, and the date(s) and location(s) of the alleged incident(s);
• Retaliation is prohibited, and allegations of Retaliation in connection with a Title IX grievance process will be addressed under this document’s Section IV. grievance procedures;
• The Respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of these grievance procedures. Prior to such a determination, the Parties will have an opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
• The Parties may have an advisor of their choice who may be, but is not required to be, an attorney. Parties must provide the name and contact of their advisor to the Title IX Coordinator in writing as soon as reasonably possible and must provide updated information if their advisor changes. All advisors will be required to assent to NCCU’s Expectations for Advisors;
• The Parties are entitled to an equal opportunity to access the Relevant and not otherwise impermissible evidence or an investigative report that accurately summarizes this evidence. The Parties are entitled to an equal opportunity to access the Relevant and not impermissible evidence upon the request of any Party]; and
• NCCU’s Code of Conduct prohibits knowingly furnishing false information to any University Official, Faculty Member or Office Section 8.1.1.2 of NCCU’s Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance procedures. [1]

If, in the course of an investigation, NCCU  decides to investigate additional allegations of Sex-Based Harassment by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated Complaint, it will provide written notice of the additional allegations to the Parties.

Complaint Dismissal

NCCU may dismiss a Complaint if:

• NCCU Is unable to identify the Respondent after taking reasonable steps to do so;
• The Respondent is not participating in NCCU’s Education Program or Activity and is not employed by NCCU;
• NCCU obtains the Complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a Complaint, and NCCU determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute sex discrimination under Title IX even if proven; or
• NCCU determines the conduct alleged in the Complaint, even if proven, would not constitute sex discrimination under Title IX.

Before dismissing the Complaint, NCCU will make reasonable efforts to clarify the allegations with the Complainant. Upon dismissal, NCCU will promptly notify the Complainant in writing of the basis for the dismissal.

If the dismissal occurs after the Respondent has been notified of the allegations, then NCCU  will notify the Parties simultaneously in writing.

NCCU will notify the Complainant that a dismissal may be appealed on the bases outlined in the Appeals section of this Section V.

If dismissal occurs after the Respondent has been notified of the allegations, then NCCU will also notify the Respondent that the dismissal may be appealed on the same bases. If a dismissal is appealed, NCCU will follow the procedures outlined in the Appeals section of this Section V.

When a Complaint is dismissed, NCCU will, at a minimum:

• Offer Supportive Measures to the Complainant as appropriate;
• If the Respondent has been notified of the allegations, offer Supportive Measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator to ensure that sex discrimination does not continue or recur within NCCU’s Education Program or Activity.

Investigation Parameters

NCCU will provide for adequate, reliable, and impartial investigation of Complaints.

The burden is on NCCU —not on the Parties—to conduct an investigation that gathers sufficient evidence to determine whether Sex-Based Harassment occurred.

NCCU will provide to a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate.

NCCU will provide the Parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.

• NCCU will not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding.
• NCCU may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the Parties.

NCCU will provide the Parties with the same opportunities, if any, to have people other than the advisor of the Parties’ choice present during any meeting or proceeding.

NCCU does/does not allow the Parties to present expert witnesses.

NCCU will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory and exculpatory evidence that is Relevant and not otherwise impermissible.

NCCU will review all evidence gathered through the investigation and determine what evidence is Relevant and what evidence is impermissible regardless of relevance.

NCCU will provide each Party and the Party’s advisor, if any, with an equal opportunity to access the evidence that is Relevant to the allegations of Sex-Based Harassment and not otherwise impermissible, in the following manner:

• NCCU will provide an equal opportunity to access either the Relevant and not otherwise impermissible evidence, or the same written investigative report that accurately summarizes this evidence. If NCCU provides access to an investigative report, it will further provide the Parties with an equal opportunity to access the Relevant and not otherwise impermissible evidence upon the request of any Party.;
• NCCU will provide a reasonable opportunity to review and respond to the evidence or the investigative report.; and

NCCU will take reasonable steps to prevent and address the Parties’ and their advisors’ unauthorized disclosure of information and evidence obtained solely through the Sex-Based Harassment grievance procedures.

Appointment of the Investigator/Decisionmaker and Challenging of the Same

Unless a Complaint is dismissed or the Parties elect to participate in informal resolution, the Title IX Coordinator will promptly appoint an investigator, who may be the Title IX Coordinator, and who will also serve as the decisionmaker, as expressly permitted by Title IX. The investigator/decisionmaker may be an NCCU employee or a non-employee contractor.

The Title IX Coordinator will contemporaneously share the investigator/decisionmaker name with the Complainant and Respondent. Within two business days of that notification the Complainant or the Respondent may identify to the Title IX Coordinator in writing any alleged conflicts of interest or bias on the part of the assigned investigator/decisionmaker.

The Title IX Coordinator will consider such statements and will promptly assign a different investigator/decisionmaker if the Title IX Coordinator determines that a material conflict of interest or material bias exists.

If the Title IX Coordinator is the designated investigator/decisionmaker, NCCU’s Appellate Officer will consider any alleged conflicts of interest or bias submitted by the Parties pursuant to the previous paragraph and, if the Appellate Officer determines that a material conflict of interest or material bias exists, will appoint a new investigator/decisionmaker.

The Investigator/Decisionmaker’s Activities, Including Questioning of Parties and Witnesses

The investigator/decisionmaker will take such steps as interviewing the Complainant, the Respondent, and witnesses (including expert witnesses, where applicable); recording, transcribing, and/or summarizing such interviews in writing; collecting and reviewing Relevant documents; visiting, inspecting, and taking or reviewing photographs of Relevant sites; and collecting and reviewing other Relevant and not impermissible evidence.

The investigator/decisionmaker will question the Parties and witnesses in individual meetings to gather evidence and also to assess credibility to the extent credibility is both in dispute and Relevant to one or more allegations of sex discrimination.

NCCU’s process for proposing and asking Relevant and not otherwise impermissible questions and follow-up questions of Parties and witnesses, including questions challenging credibility, will:

• Allow the investigator/decisionmaker to ask such questions during individual meetings with a Party or witness;
• Allow each Party to propose such questions that the Party wants asked of any Party or witness and have those questions asked by the investigator/decisionmaker during one or more individual meetings, including follow-up meetings, with a Party or witness, subject to the procedures for evaluating and limiting questions discussed below; and
• Provide each Party with an audio or audiovisual recording or transcript with enough time for the Party to have a reasonable opportunity to propose follow-up questions.

Procedures for the Investigator/Decisionmaker to Evaluate the Questions and Limitations on Questions

The investigator/decisionmaker will determine whether a proposed question is Relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not Relevant or otherwise impermissible. Questions that are unclear or harassing of the Party or witness being questioned will not be permitted. The decisionmaker will give a Party an opportunity to clarify or revise a question that the decisionmaker determines is unclear or harassing. If the Party sufficiently clarifies or revises the question, the question will be asked.

Refusal to respond to questions and inferences based on refusal to respond to questions

The investigator/decisionmaker may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible. The investigator/decisionmaker will not draw an inference about whether Sex-Based Harassment occurred based solely on a Party’s or witness’s refusal to respond to such questions.

Evidence Review

The investigator/decisionmaker will compile all Relevant and not inadmissible evidence (including items such as the Complaint, written statements of position, summaries or transcripts of all interviews conducted, photographs, descriptions of Relevant evidence, and summaries or copies of Relevant electronic records) and send to each Party an electronic or hard copy of such evidence and also provide each Party with an audio or audiovisual recording or transcript of Party and witness interviews with enough time for the Party to have a reasonable opportunity to propose follow-up questions.

The Parties then will have ten business days from the time that the evidence is provided to submit to the investigator/decisionmaker a written response to the evidence. In their responses, the Parties may address the relevancy of any evidence that the Parties believe should be included in or excluded from the investigator/decisionmaker’s analysis and may also address any further investigation activities or questions that they believe are necessary. If a Party wishes to submit additional evidence at this stage, they should explain how the evidence is Relevant and why it was not previously provided.

Due to the sensitive nature of the evidence in question, the Parties may not copy, publish, photograph, print, image, record, or in any other manner duplicate it. Parties who violate these restrictions may be disciplined. Nothing in this document restricts the ability of either Party to discuss the allegations under investigation or to gather, preserve, and/or present Relevant evidence.

Post-Evidence-Review Follow-Up Meetings

Following the Parties’ review of and response to the evidence, the investigator/decisionmaker may need to meet again with the Parties (and with witnesses, as necessary and appropriate) to ask follow-up questions, including those raised by the Parties’ response to the evidence and/or specifically suggested by the Parties in that response.

Written Determination Whether Sex-Based Harassment Occurred

Following an investigation and evaluation of all Relevant and not otherwise impermissible evidence, NCCU will:

• Use the preponderance of the evidence standard of proof to determine whether Sex-Based Harassment occurred. The standard of proof requires the investigator/decisionmaker to evaluate Relevant and not otherwise impermissible evidence for its persuasiveness. If the investigator/decisionmaker is not persuaded under the applicable standard by the evidence that Sex-Based Harassment occurred, whatever the quantity of the evidence is, the decisionmaker will not determine that Sex-Based Harassment occurred.
• Notify the Parties simultaneously in writing of the determination whether Sex-Based Harassment occurred under Title IX including:
  • A description of the alleged Sex-Based Harassment;
  • Information about the policies and procedures that NCCU used to evaluate the allegations;
  • The decisionmaker’s evaluation of the Relevant and not otherwise impermissible evidence and determination whether Sex-Based Harassment occurred;
  • When the decisionmaker finds that Sex-Based Harassment occurred, any Disciplinary Sanctions NCCU will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions will be provided by NCCU to the Complainant, and, to the extent appropriate, other Students identified by NCCU to be experiencing the effects of the Sex-Based Harassment; and
  • NCCU’s procedures and permissible bases for the Complainant and Respondent to appeal.
• NCCU will not impose discipline on a Respondent for sex discrimination prohibited by Title IX unless there is a determination at the conclusion of the Title IX grievance procedures that the Respondent engaged in prohibited Sex-Based Harassment.
• If there is a determination that sex discrimination occurred, as appropriate, the Title IX Coordinator will:
  • Coordinate the provision and implementation of Remedies to a Complainant and other people NCCU identifies as having had equal access to NCCU’s Education Program or Activity limited or denied by Sex-Based Harassment;
  • Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions; and
  • Take other appropriate prompt and effective steps to ensure that Sex-Based Harassment does not continue or recur within NCCU’s Education Program or Activity.
• Comply with the Title IX grievance procedures before the imposition of any Disciplinary Sanctions against a Respondent; and
• Not discipline a Party, witness, or others participating in the Title IX grievance procedures for making a false statement or for engaging in consensual sexual conduct based solely on the determination whether Sex-Based Harassment occurred.

The determination regarding responsibility becomes final either on the date NCCU provides the Parties with the written determination of the result of any appeal, or, if no Party appeals, the date on which an appeal would no longer be considered timely.

Appeal of Dismissal and/or Determination

The Complainant or the Respondent may appeal Complaint dismissal and/or the investigator/decisionmaker’s determination whether Sex-Based Harassment occurred.

The following are the only permissible grounds for appeal: (1) procedural irregularity that would change the outcome; (2) new evidence that would change the outcome and was not reasonably available at the time of the dismissal or determination; and (3) the Title IX Coordinator or investigator/decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

Appeals must be submitted in writing to the Title IX Coordinator within three business days of the Party’s receipt of notification of the dismissal or determination. The Title IX Coordinator will promptly inform the other Party in writing of the filing of the appeal, and the other Party will have three days from such notification to submit a written response to the appeal.

Upon receipt of an appeal, the Title IX Coordinator will appoint an appeal officer who is someone other than the person who investigated and made the dismissal or determination in question and will notify the Parties of that appointment.

Within two business days of receiving notification of the appointment, the Complainant or the Respondent may identify to the Title IX Coordinator in writing alleged conflicts of interest or bias posed by assigning that appeal officer. The Title IX Coordinator will carefully consider such statements and will promptly assign a different appeal officer if the Title IX Coordinator determines that a material conflict of interest or material bias exists.

Within ten business days of the receipt of the appeal the appeal officer will determine (a) that the dismissal or determination should stand; or (b) that the dismissal or determination should be overturned and will issue a written explanation of that result and the rationale behind it.

Informal Resolution

In lieu of resolving a Complaint through NCCU’s Title IX grievance procedures, the Parties may instead elect to participate voluntarily in an informal resolution process facilitated by the Title IX Coordinator or the Coordinator’s designee. NCCU has discretion to determine whether it is appropriate to offer an informal resolution process and, even when such process may be applicable to conduct that reasonably may constitute sex discrimination under Title IX, may decline to offer informal resolution despite one or more of the Parties’ wishes.

NCCU does not offer informal resolution to resolve a Complaint that includes allegations that an employee engaged in Sex-Based Harassment of an elementary or secondary school student or when such a process would conflict with Federal, State, or local law.

Before the initiation of an informal resolution process, NCCU will explain in writing to the Parties:

• The allegations;
• The requirements of the informal resolution process;
• That any Party has the right to withdraw from the informal resolution process and initiate or resume grievance procedures at any time before agreeing to a resolution;
• That if the Parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume grievance procedures arising from the same allegations;
• 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; 
• That measures the Parties agree to in the informal resolution process may include (but are not limited to): alcohol education classes for the Respondent; completion of online sexual harassment training; completion of an intervention program; regular meetings with an appropriate individual, unit or resource; permanent or temporary no contact order; restrictions for participation in certain activities, organizations, programs or classes; change in residential assignment or restrictions on access to certain residence halls or apartments; restriction of participation in certain events; reflection paper or written apology; counseling sessions; and/or Respondent’s completion of an educational or behavioral plan; and
• The fact that any statements that the Parties make during the informal resolution process cannot be introduced in any other investigative or adjudicative proceeding, including if informal resolution is terminated and formal Complaint processing resumes under NCCU’s Title IX grievance procedures.

A resolution reached pursuant to the informal resolution process is final and not subject to appeal.

Supportive Measures

The Title IX Coordinator will offer and coordinate Supportive Measures as appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to NCCU’s Education Program or Activity or provide support during NCCU’s Title IX grievance procedures or during the informal resolution process. For Complaints of Sex-Based Harassment, these Supportive Measures may include 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, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to Sex-Based Harassment.

Supportive Measures will not unreasonably burden either Party and are designed to protect the safety of the Parties or NCCU’s educational environment and/or to provide support during Title IX grievance procedures or informal resolution. Such measures may, as appropriate, be modified or terminated at the conclusion of the grievance procedures or informal resolution process.

Complainants or Respondents may seek modification or reversal of Supportive Measures applicable to them by submitting a written request—within three business days of notification of the measure(s) in question—to the Title IX Coordinator, who will assign an impartial NCCU employee to evaluate and respond to the request.[NCCU will not disclose information about any Supportive Measures to persons other than the person to whom they apply, including informing one Party of Supportive Measures provided to another Party, unless necessary to provide the supportive measure or restore or preserve a Party’s access to the Education Program or Activity.

Emergency Removal 

NCCU may remove a Respondent from its Education Program or Activity on an emergency basis, provided that NCCU undertakes an individualized safety and risk analysis, determines that an imminent and serious threat to the health or safety of a Complainant or any Students, employees, or other persons arising from the allegations of Sex-Based Harassment justifies removal, provides the Respondent with notice and an opportunity to challenge the decision immediately following the removal, and does so in accordance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act, as applicable.

Administrative Leave

NCCU may place an employee Respondent on administrative leave from employment responsibilities during the pendency of the grievance procedures, provided that it does so in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.

Disciplinary Sanctions and Remedies

Following a determination that Sex-Based Harassment occurred, NCCU may impose Disciplinary Sanctions which may include: expulsion or suspension, disciplinary probation, social restrictions, expulsion or suspension from campus housing, suspension or revocation of admission, suspension or revocation of degree, written warning, mandated counseling, completion of an intervention program, completion of violence risk assessment, parental notification, and/or education sanctions (such as community service, reflection paper(s), and/or fines).

NCCU may also provide Remedies which may include: 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, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs.

7.10     SHRA Employees, Faculty and EHRA Non-Faculty Employees

If the Title IX matter involves allegations against a SHRA employee, a Faculty employee, or an EHRA-Non-Faculty Respondent, and the Hearing Officer determines that the University employee is responsible for the alleged Sex Discrimination, the Title IX Coordinator will forward a copy of the Hearing Officer’s written determination regarding responsibility, and a recommendation for sanctions to be administered, to the appropriate supervisor in the Respondent’s department, division, or academic unit, and the supervisor will take any and all disciplinary action in accordance with the applicable employment policies. Referrals for disciplinary action of faculty members will be handled in accordance with the NCCU Faculty Handbook in effect at the time of the referral.

7.11     University Contractors and Visitors

Allegations of Sex Discrimination by University contractors and visitors will be investigated and addressed in conjunction with the University’s Title IX Coordinator and Campus Police. Contractors, visitors, or others unaffiliated with the University who have been found in violation of this Policy may be subject to sanctions to include, but not be limited to, an interim or permanent trespass from campus.

8.         Recordkeeping

8.2       Recordkeeping

A file will be created for each Title IX report submitted and each Title IX investigation that takes place pursuant to this Policy. The file will consist of the complaint; statements of the parties and witnesses; investigator notes; all documentation and evidence (including exculpatory and inculpatory evidence); the investigation report, which summarizes the information obtained during the investigation; the Hearing Officer’s report, which summarizes all of the information obtained during the investigation and supports a finding of responsibility that the Respondent has or has not violated this Policy; any and all audio or audiovisual content and related transcripts; any and all information related to any appeal; any and all information related to Supportive Measures taken or provided; any and all information related to any sanctions imposed on a Respondent; and any and all information related to Informal Resolution, if applicable. The University will retain such information for seven (7) years.

9.  Amnesty

NCCU considers the reporting and adjudication of sex discrimination and Sex-Based Harassment to be of paramount importance.  NCCU does not condone underage drinking or the use of illegal drugs; however, NCCU may extend amnesty to Complainants, Respondents, witnesses, and others involved in a Title IX grievance process from punitive sanctioning for illegal use of drugs and/or alcohol when evidence of such use is discovered or submitted in the course of a Title IX grievance process. Similarly, NCCU may, in its discretion, provide amnesty for other conduct code violations that are discovered in the course of a grievance process. NCCU pursues a policy of limited immunity for Complainants and students who offer help to others in need in accordance with the University’s Medical Amnesty Regulation. 

10.       Retaliation

Retaliation, including means intimidation, threats, coercion, or discrimination against any person by NCCU, a Student, or an employee or other person authorized by NCCU  to provide aid, benefit, or service under NCCU’s Education Program or Activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, 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 the Title IX regulations., is prohibited. Any allegations of retaliation will be promptly investigated and will result in disciplinary action if substantiated.

12.       Training

The University will ensure that the Title IX Coordinator and all investigators, Hearing Officer(s), informal resolution facilitators, and other decision-makers involved in the processes set forth in this Policy receive training on the definition of Title IX sexual harassment, the scope of the University’s education programs or activities, how to conduct an investigation and grievance process, including hearings, appeals, and informal resolution processes, as applicable, and how to serve as an impartial, non-biased manner (without any conflict of interest) that ensures due process protections for all parties, and promotes accountability. Training will include information on any technology to be used during a live hearing and issues of relevance related to questions and evidence. The University will maintain a file of all training materials for a period of seven (7) years and will make the training materials available for review upon request, subject to any intellectual property ownership rights of any training materials provided by third parties.  

13.       Options for Assistance and Support Services

Students who have experienced an act of Sex Discrimination may receive support from a variety of sources, including the Office of the Dean of Students, Office of Student Conduct and Community Standards, the Women's Center, Student Health Center, Counseling Center, NCCU School of Law Office of Wellness, Durham Crisis Response Center, and the Victim Assistance Program for the City of Durham. NCCU provides 24-hour assistance to those who have been affected by any form of sex discrimination through the NCCU University Police (Dial Ext. 6106 from a campus phone or (919) 530-6106 from a non-campus phone) and the Durham Crisis Response Center Crisis Line ((919) 403-6562).

NCCU urges all of its students to become familiar with the available support services and to obtain this support as needed. University students are eligible to receive support regardless of whether they elect to pursue criminal, civil, or administrative remedies under these procedures. A more detailed resource list is provided in Appendix B.

All reports and information concerning conduct that is inconsistent with this Policy will be handled discreetly, with the facts made available to those who need to know to respond, investigate, and/or resolve the matter.

14.       Education and Prevention Programs

The University is committed to offering educational programs to promote awareness and prevention of Sex Discrimination. Educational programs will include information on the University’s policies and procedures; prohibited conduct; discussion of relevant definitions, including consent; resources and reporting options, and information about risk reduction. Incoming first year students and new employees will receive primary prevention and awareness programming as part of their orientation. Returning students and employees will also have ongoing opportunities for training and education.

15.       Annual Review

This Policy is maintained by the Chancellor’s Office. The Policy will be reviewed annually by the Title IX Coordinator with the assistance of an advisory group. The annual review will capture evolving legal requirements, updated support and resources available, and assess the effectiveness of the Policy in the NCCU community. The review will include members of the NCCU community to provide feedback to be updated in the policy as well. Annually, the Title IX Coordinator will create a report regarding the persons affected by Sex Discrimination and the effectiveness of the Policy throughout campus.

 

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[1] NCCU may address false statements by initiating a disciplinary process under its code of conduct so long as there is evidence of such independent of the determination whether sex discrimination occurred.

Appendix A

Privileged & Confidential Resources

NCCU Counseling Center
Hours: Monday – Friday, 8:00 AM to 5:00 PM
Location: Student Health Building, 2nd Floor
Daytime Phone: 919-530-7646
After Hours Phone: 919-530-6106
Website: https://www.nccu.edu/dsa/health-wellness/counseling-center
Counseling Center Counselor Contact List: https://www.nccu.edu/directory/dept/Counseling%20Center

NCCU School of Law – Office of Wellness
Hours: Monday – Friday, 8:00 AM to 5:00 PM
Location: NCCU School of Law
                 640 Nelson Street, Legal Clinic (lower level), Room 36
                 Durham, NC 27707
Daytime Phone: 919-530-5156 and 980-288-5288 (for daytime emergencies)
After Hours Phone: 919-530-6106
Website: https://law.nccu.edu/students/office-of-wellness/

Student Development and Support

Hours: Monday – Friday, 8:00 AM to 5:00 PM
Location: New Student Center 
919-530-6183
Website: https://www.nccu.edu/dsa/engagement/student-development-support

Appendix B

Additional Resources for Sexual Harassment

Anyone who has experienced sexual harassment, sexual violence or dating violence is encouraged to seek help immediately, including medical assistance, confidential counseling, and legal assistance. NCCU Campus Police will provide a safe place, arrange medical assistance, and offer information regarding on and off campus resources. Information on resources that are available on, and off campus are listed below. Please feel free to contact the Title IX Coordinator if additional assistance is needed.

Emergency Response

Local Emergency Response
Dial 911
NCCU Campus Police
919-530-6106
https://www.nccu.edu/administration/university-police

Durham County Sheriff’s Office
919-560-0897
https://www.durhamsheriff.com/about-us/contact-information/sheriff-s-office-locations

Orange County Sheriff’s Office
919-245-2900
http://www.ocso.com/

Wake County Sheriff’s Office
919-856-6900
http://www.wakegov.com/sheriff/Pages/default.aspx

Medical Treatment

NCCU Student Health Center
919-530-6317
After hours: 919-698-6309
*Testing for pregnancy and sexual transmitted diseases
*For testing without police involvement, ask for Gynecological exam with full STD screening

Duke Regional Hospital
3643 N. Roxboro Road
Durham, NC 27704
919-470-5345
www.dukeregional.org/

Duke University Hospital
2301 Erwin Road
Durham, NC 27710
919-684-2413
www.dukemedicine.org

Duke Raleigh Hospital
3400 Wake Forest Road
Raleigh, NC 27609
919-954-3000
www.dukeraleighhospital.org

Employee Assistance
Compsych Guidance Resources
866-301-9634

NCCU Department of Human Resources
919-530-6334

Support Services

NCCU Women’s Center
919-530-6811
http://www.nccu.edu/womenscenter/

NCCU Counseling Center
919-530-7646
After Hours: 919-698-9914
https://www.nccu.edu/division-student-affairs/counseling-center

NCCU School of Law Office of Wellness
919-530-5156
http://law.nccu.edu/students/office-of-wellness/

Durham Crisis Response Center
206 N. Dillard Street
Durham, NC 27701
919-403-6562
www.durhamcrisisresponse.org/

Legal Aid of NC Durham
201 West Main Street, Suite 400
Durham, NC 27701
919-688-6396
www.legalaidnc.org

Durham County Clerk of Court (Criminal Filings Division)
921 Holloway Street
Durham, NC 27701
919-808-3000
https://www.nccourts.gov/locations/durham-county

Office of Student Conduct and Community Standards
919-530-6311
https://www.nccu.edu/division-student-affairs/student-conduct-and-community-standards

Student Development and Support
919-530-6183
https://www.nccu.edu/dsa/engagement/student-development-support

LGTBA Resource Center
919-530-5545
https://www.nccu.edu/life-nc-central/health-and-well-being/lgbta-center

RAINN (sexual assault hotline)
800-656-HOPE
https://www.rainn.org/