Title IX FAQs

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What is sexual misconduct?

Sexual misconduct includes sexual or gender-based harassment, sexual assault, domestic violence, dating violence, sexual exploitation, and stalking. Sexual or gender-based harassment may include unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature that creates a hostile, intimidating, or abusive environment. Sexual assault and sexual violence are forms of sexual harassment that involve having or attempting to have sexual contact with another person without consent.

What is consent?

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; likewise, consent to engage in one form of sexual activity does not imply consent to other forms of sexual activity. Consent can be given by words or actions, as long as 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Consent to sexual activity may be withdrawn at any time. If consent is withdrawn, all sexual activity must immediately cease. Someone is not giving consent if he or she is saying "no" or "stop," crying, moving away or pushing the other(s) away, completely still or unengaged, intoxicated, drugged or high, asleep or unconscious, physically or psychologically pressured or forced, mentally or physically impaired, beaten, threatened, confined, or under the age of 16.

Is sexual misconduct only experienced by women?

No. Both females and males can experience sexual misconduct. In addition, sexual misconduct can occur between individuals of the same gender. If you believe you have experienced any type of conduct that is prohibited by NCCU's Sexual Misconduct Policy, your gender and the gender of the alleged Respondent are irrelevant.
 

What can I do if I believe I have experienced sexual misconduct?

Anyone who has experienced sexual misconduct is encouraged to seek help immediately, including medical assistance, confidential counseling, and legal assistance.

• NCCU provides 24-hour assistance to those who have been affected by any form of sexual misconduct through the NCCU University Police Department (Dial ext. 6106 from a campus phone or 919-530-6106 from a non-campus phone). University Police will provide a safe place, arrange medical assistance, and offer information regarding on- and off-campus resources.
• The Durham Crisis Response Center Crisis Line (call 919-403-6562 for English or 919-519-3735 for Spanish) also offers 24-hour assistance and support for survivors of domestic and sexual violence.
• Talk to a University employee about what happened so you can get the support you need and so the University can respond appropriately. NCCU's Student Health Center can provide medical care, and the Counseling Center can provide confidential counseling. Other campus resources for support include the Women's Center, the LGBTA Resource Center, and the Office of Student Conduct and Community Standards. For employees, the Employee Assistance Program can provide support. Additional information on resources that are available on- and off-campus can be found in NCCU's Sexual Misconduct Policy.
• File a complaint with the Title IX Coordinator or talk with a "responsible employee" about what happened (a responsible employee is an NCCU employee who has a duty to report sexual misconduct to the Title IX Coordinator). An individual who is employed at the University as a professional licensed counselor and who provides mental health/pastoral counseling to members of the University community in that role is not required to report any information about an incident to the Title IX Coordinator without a Complainant's permission. All other University employees are required to report all details to the Title IX Coordinator.

How do I file a sexual misconduct complaint?

Anyone (including a third-party or bystander) may make a report of sexual misconduct to the Title IX Coordinator or to a responsible employee. Reports can be made in person, by telephone, in writing, by email, or using NCCU's Title IX Reporting Form. Anonymous reports may be submitted via the Title IX reporting form. Anonymous reports will be investigated in the same manner as those reported directly to the Title IX Coordinator or a responsible employee.

What happens after a complaint is filed?

The Title IX Coordinator will contact the Complainant to schedule a meeting to initiate the investigation process. The alleged Respondent also will be notified of the pending investigation. In general, the University will complete the investigation of the complaint and issue a Notice of Outcome within sixty (60) calendar days of opening the complaint.

Should I file a complaint if the sexual misconduct offense occurred off-campus?

Yes. In situations in which both the Complainant and Respondent are members of the University community (faculty, staff, or students), NCCU's Sexual Misconduct Policy will apply regardless of the location of the incident. Sexual misconduct offenses may be reported whether the alleged offense happened on NCCU's property or at University-sanctioned events or programs that take place off campus, including study abroad and internship programs.

Should I still file a complaint or help someone who may have experienced sexual misconduct who was under the influence of alcohol or drugs?

Yes. A student who has experienced sexual misconduct is encouraged to come forward under any circumstances so he or she can get support and to allow the University to take steps to investigate and address the situation. The University also encourages students to offer help and assistance to others in need. Complainants and other students who offer help to others in need may receive immunity for an alcohol offense under NCCU's Medical Amnesty Regulation.

Is there a time limit for filing a complaint?

No, there is no time limit for making a report. The University encourages reporting of an incident as soon as possible to maximize the University's ability to respond to the situation. If the Respondent is no longer a student or employee at the University when a complaint is filed, the University may not be able to take action against the Respondent. However, NCCU will investigate the complaint to the best of the University's ability and take steps to comply with its obligations under Title IX and to provide a safe environment for the University community.

What if I change my mind about following through with my sexual misconduct complaint or do not want the Respondent to know that I filed a complaint?

If you do not wish to proceed with the complaint and/or request the complaint remain confidential, Title IX still requires the University to investigate and take reasonable action in response to the information received from the Complainant. However, the University's ability to respond may be limited if you insist on complete confidentiality. There are times when the University may not be able to honor a Complainant's request for confidentiality in order to provide a safe environment for the University community. The Title IX Coordinator will weigh the Complainant's request(s) against factors such as the seriousness of the alleged sexual misconduct and whether there have been other complaints of sexual misconduct against the same Respondent. If it is determined that the University cannot maintain the Complainant's confidentiality, the University will inform the Complainant prior to starting an investigation and, to the greatest extent possible, only share information with people responsible for handling the University's response.

If I feel unsafe after filing a complaint, can the University take any action prior to completing the investigation?

The University will take ongoing steps to protect you from retaliation or harm. Pending the final outcome of an investigation, NCCU's Sexual Assault Response Team (SART) may implement interim protective measures to ensure a safe environment for all parties. These measures may include a change in housing or work assignments; altering academic schedules; issuing no-contact orders; or giving special consideration for absences related to the incident(s). If necessary to prevent continuing or future acts of sexual misconduct, a student who is a Respondent also may be subject to an interim suspension pursuant to the Student Code of Conduct.

I am an employee/faculty of the University. Does the Sexual Misconduct Policy apply to me?

Yes; NCCU's Sexual Misconduct Policy applies to all members of the University community, including all students, faculty, staff, administrators, contractors, and volunteers. If an employee believes that he or she has experienced sexual misconduct committed by another University student or employee, the employee should report the incident to the Title IX Coordinator.

What are the steps in the investigation process?

• Initial meeting with the Complainant. Within ten (10) working days of receiving a complaint, the Title IX Coordinator (or assigned Deputy Title IX Coordinator) will contact the Complainant to schedule an initial meeting. During this meeting, the Complainant will be given an overview of the investigation process, an explanation of rights and options, and information on support resources. The Complainant may bring an advisor or support person to the meeting. A summary statement from the Complainant regarding the allegations that resulted in the complaint will be generated at the end of the meeting.
• Initial meeting with the Respondent. The Respondent will have ten (10) working days to reply after being notified of the complaint. The Respondent also has the right to attend an initial meeting with the Title IX Coordinator to receive an overview of the investigation process and an explanation of rights and options. The Respondent may be accompanied by an attorney or advisor during the initial meeting and throughout the course of the investigation process.
• Gathering information. The investigator will interview all parties and witnesses, compile statements, verify statements, gather/obtain documentation and evidence, and draft the final report. The investigator will work with the parties to obtain originals or copies of documents, videos, pictures, etc. that will be maintained in the case file. Both the Complainant and Respondent will be given periodic status updates, as available, throughout the investigation.
• Outcome. The investigator will review the evidence and make a determination by a "preponderance of the evidence" (more likely than not) whether the allegations violate the Sexual Misconduct Policy. Both parties will receive a Notice of Outcome within ten (10) business days of completion of the Title IX investigation. The Notice of Outcome will indicate whether the Title IX Coordinator will refer the case for disciplinary action.
• Discipline and appeals. If the Respondent is a student, the case will be referred to the Office of Student Conduct and Community Standards to follow the process in the Student Code of Conduct for hearings and appeals. If the Respondent is an employee, the case will be referred to the appropriate administrative or academic department. Employees may grieve the outcome of the Title IX investigation following NCCU's established grievance procedures. Mediation will not be used to resolve any sexual misconduct complaints (including at any stage in the administrative investigation or subsequent hearing, grievance, or appeal).

What should I do if I am accused of sexual misconduct?

A sexual misconduct complaint may be filed against any member of the University community (student, faculty, staff, administrator, etc.) If you have any questions regarding the sexual misconduct complaint, contact NCCU's Title IX Coordinator. The Title IX Coordinator can provide you with information and assist you through the investigation process. As a Respondent, you have the right to utilize an attorney or advisor throughout the course of the investigation. If a no-contact order has been issued, you must refrain from making contact with the Complainant during the investigation.

If I accused of sexual misconduct, can I be charged both on-campus and off-campus?

Yes. A Complainant has the right to pursue both on-campus and off-campus (civil or criminal) complaints. Regardless of the Complainant's decision to pursue off-campus legal action, the University will move forward with the on-campus investigation.

Will NCCU inform my parents or guardians?

Generally, no. Whether you are the Complainant or the Respondent, NCCU’s primary relationship is with you and not your parents, unless you are 17 years old or younger. The University will only speak with your parents/guardians with your consent. However, in certain limited circumstances, the University may share information where an imminent health or safety danger to the student or another individual exists in the opinion of professional staff or a campus administrator.

Can the University retaliate against someone for filing a sexual misconduct complaint or for participating in a sexual misconduct investigation?

No. Retaliation is intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual's informal or formal complaint or participation in an investigation or proceeding. Retaliation against an individual who reports or complains of sexual misconduct or who provides information in a sexual misconduct investigation or proceeding is prohibited. If you have participated in a sexual misconduct investigation and feel that you have been retaliated against, inform the Title IX Coordinator immediately. Any allegations of retaliation will be promptly investigated and will result in disciplinary action if substantiated.