Title IX & Equal Opportunity

ILLEGAL DISCRIMINATION AND SEXUAL MISCONDUCT
Title VI, VII & IX

The Board of Trustees and the administration of Fayetteville Technical community College are fully committed to the principles and practice of equal employment and educational opportunities Accordingly, Fayetteville Technical Community College does not practice or condone discrimination in any form, against students, employees, or applicants on the grounds of race, color, national origin, religion, sex, age, disability, or political affiliation.  Fayetteville Technical Community College commits itself to positive action to secure equal opportunity regardless of those characteristics.

Fayetteville Technical Community College supports the protection available to members of its community under all applicable Federal Laws, including Title VI and VII of the Civil Rights Act of 1964 and 1991, Title IX of the Education Amendments of 1972, Sections 799A and 845 of the Public Health Service Act, the Equal Pay and Age Discrimination Acts, the Rehabilitation Act of 1973, the Americans with Disabilities ACT of 1990, and Executive Order 11375.

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

An Employer cannot discriminate on the basis of race, color, religion, sex, or national origin.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

The Office of Human Resources and Institutional Effectiveness is designated to monitor and evaluate College activities and events to fulfill the requirements of the 1972 federal legislation which prohibits all forms of sex (Title IX) and race (Title VI & VII) discrimination in educational institutions receiving federal funding.

Beyond meeting the legal requirements for resolving sex/race discrimination, sexual/racial harassment, sexual assault and related violence issues, this office assists the College leadership with the creation and maintenance of a College community committed to positive values of equal opportunity that fosters a climate free from all forms of harassment, exploitation, or intimidation.

Provide immediate assistance, policy and/or procedural information or guidance when responding to reported incidents of alleged illegal discrimination or sexual Misconduct. Advise the College President on situations or events concerning faculty, staff, students or visitors of the College reported as violating College policies related to illegal discrimination or sexual misconduct.  Serve as the College Complaint Resolution Officer for the initial investigation and recommending resolution actions to the College President related to cases of alleged illegal discrimination or sexual misconduct. Maintain confidentiality, including any accommodations or protective measures provided, to the degree possible to the extent such confidentiality will not impair the ability of the institution to provide accommodations or protective measures. Provide written notification to students and employees about the existing counseling, health, mental, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available to victims, both within the institution and in the community. Preserve evidence, including investigation documentation, permanently in the Human Resources office. Take steps, including conducting periodic professional development training sessions, to ensure that the campus remains free of a illegal discrimination and sexual misconduct.

Filing a Complaint

 Complaints in violation of the Board of Trustee’s non-discrimination policy should be directed to the Office of the Vice President for Human Resources and Institutional Effectiveness (VP of HR/IE). Those wishing to report a violation under the non-discrimination policy are encouraged, but not required, to do so by completing and submitting a Discrimination/Harassment Complaint Form D-3 (available in the fill-in forms) to the Personnel Manager (Deputy Title IX Coordinator) with a copy to the VP for HR/IE (Title IX Coordinator).

Those wishing to submit their complaint in person should do so by contacting the VP of HR/IE or the Personnel Manager at 910-678-8246 and/or report to either Room 162 in the Thomas R. McLean Administration Building on the Fayetteville Campus.

Complaint Inquiry or Investigation Steps

 An individual who believes that he or she has been subjected to Illegal Discrimination, including Sexual Harassment and Sexual Assault/Violence, in violation of the College’s non-discrimination policy and the alleged offender must freely, openly, and honestly confer with the Title IX Coordinators and/or Title IX Investigators and cooperate with his or her efforts to determine the facts and circumstances leading to the complaint, to enable the Title IX Coordinators and/or Investigators to make a reasonable determination as to the merits of the complaint, and to reach, if possible, an informal resolution.  If an informal resolution cannot be reached, the Title IX Coordinators will in collaboration with the Director of Public Safety and Security assign responsibility for the conduct a formal inquiry or investigation.

 Decisions resulting from any inquiry or investigation shall be made by the Title IX Coordinators using the Preponderance of the Evidence standard defined above.  The normal resolution steps are listed below.

Step 1: Initial meeting with the Deputy Title IX Coordinator, Title IX Coordinator, and/or Director or Captain of Public Safety and Security and the person(s) wishing to file a complaint.  Information will be gathered during this meeting and immediately provided to the Deputy Title IX Coordinator who will develop a case file.  Following that initial meeting, the Personnel Manager will provide such information to the Title IX Coordinator and provide details surrounding the complaint.  The Title IX Coordinator will, after reviewing the case file, hearing the details of the complaint from the Personnel Manager, and/or hearing directly from the person(s) filing the complaint will in collaboration with the Director of Public Safety and Security determine the most appropriate entity to conduct an investigation, including holding separate meetings of the parties of the complaint gathering evidence upon which the Title IX Coordinator will use to make an informal resolution decision that includes possible remedies and/or sanctions.   Both the party(ies) making the complaint and the person(s) which were identified as possible violators of College policy will be advised of the informal decision and all remedies and sanctions associated with the decision.  All meetings to gather additional evidence, if needed after the investigation is conducted, that may be necessary for the Title IX Coordinators to make an informal decision will be attended by the Personnel Manager, who will be authorized to actively participate in any of the fact-finding discussions.  The Personnel Manager will also take minutes of the meeting.  At the conclusion of the above meetings the Title IX Coordinator(s) will render his/her decision and provide such decision to the parties of the complaint.  The initial investigation, subsequent fact-finding meetings and decision by the Title IX Coordinators will normally be completed with five (5) working days of the initial meeting with the Title IX Coordinators and/or Director (or Captain) of Public Safety and Security. If all parties to the complaint are satisfied with the informal decision and associated remedies/sanctions, the inquiry will be closed.  If either party is not satisfied, the Title IX Coordinator(s) will determine the level of formal inquiry or investigation that is appropriate to the details of the complaint. Normally, the formal investigation will be assigned to the Director (or Captain) of Public Safety and Security with investigation reports being hand carried to the Title IX Coordinators upon completion of the investigation.

Both the victim(s) and offender(s) shall be given an equal opportunity to present information to the Title IX Investigators and/or Coordinators during informal inquires, formal investigations or fact-finding conferences at the  various levels of inquiry or investigation.  Both parties may invite other individuals to accompany them to any meetings, conferences, hearing, or appeals which may be held.  The accompanying individuals shall not be permitted to represent the alleged victim(s) or alleged offender(s), but will be permitted to confer with the alleged victim(s) or alleged offender(s) so long as such is conducted in a manner so as not to disrupt the meeting, hearing, inquiry, investigation, or appeal.

Step 2:  If an agreeable informal resolution cannot be reached from the above actions, the Title IX Coordinator will assign responsibility for the conduct of further inquiries and investigations, within ten (10) additional working days, as necessary to determine a formal proposed remedy (ies) or resolution(s).  Normally, such investigation assignment will be to the Director (or Captain) of Public Safety and Security.  If the offender is a member of the faculty or staff, the formal proposed resolution by the Title IX Coordinators shall be shared with the Vice President in the member’s chain of command.  After sharing such information with the appropriate Senior VP or VP, the Title IX Coordinator and the Deputy Coordinator shall render a final formal decision on the matter and impose remedies and/or sanctions as permitted by the Employment and Affirmative Action Manual and the Academic Procedures Manual.  In the event the offender is not a faculty, staff, student, vendor, or contractor of the College, the College may bar the offender from FTCC property and notify the offender of the restriction using a second degree trespass notice issued by the Public Safety and Security Office.

Step 3: Should a party wish to appeal the formal decision of the Title IX Coordinator and Deputy Coordinator, either party may prepare and submit a written appeal to the appropriate Senior Vice President (or Vice President) requesting reconsideration of the previous decision.  The appeal/reconsideration of decision request must be presented in writing within ten (10) working days after receipt of the Step 1 determination.  The appropriate Senior Vice President (or Vice President) will render a decision on the reconsideration appeal within ten (10) working days following receipt of such appeal/reconsideration.

If either party is dissatisfied with the Senior Vice President’s (or Vice President’s) final resolution decision, he/she may submit a written appeal, within 10 days of their notification of the decision.  The appeal should be addressed to the College President requesting reconsideration of both the Title IX Coordinator(s) findings and the appropriate Senior Vice President (or Vice President’s) finding(s).  The President may consider the evidence adduced during the previous inquiries and/or investigations, the Title IX Coordinator’s recommendations, the decision(s) of the Senior Vice President (Vice President), and any other relevant evidence.  The appellant may be asked to appear and present additional testimony or evidence in person to the President (at his/her discretion).  Should the President seek additional information from any party, all parties shall have a right to provide oral testimony.  The President will render a final decision on the matter within 20 days of receipt of the appeal.  No additional administrative remedy shall be granted after a decision is made by the President.

Miscellaneous Information:  In compliance with Title IX requirements, the following additional information is provided related to filing of complaints:

  • FTCC shall retain jurisdiction over Title IX complaints and subsequent inquiries and/or investigations. The evidentiary standard used during inquiries or investigations following a complaint shall be Preponderance of the Evidence.
  • Victims may file confidential reports. The College will make all reasonable efforts to ensure confidentiality.  However, if a report is made confidentially or anonymously, the ability of the College to fully explore the complaint may be substantially limited. While assuring rights and due processes of all parties involved in the complaint, FTCC shall attempt to make resolutions with limited access to reported information.  The College’s Title IX Coordinator (and/or the Deputy Coordinator) will determine the degree of confidentiality that can be allowed based upon the circumstances in the reported action.  In situations where absolute confidentiality cannot be maintained to ensure due process of all parties of the complaint, each person given access to the information will be informed that retaliation is prohibited under Title IX.
  • Those filing complaints under this procedure may also file a criminal complaint and a Title IX complaint simultaneously (at the discretion of the person making the complaint). Alleged victims shall be notified of this right by either the Title IX Coordinators or Director/Captain of Public Safety and Security at the time of the initial discussion and filing of the allegation/complaint.
  • Interim measures approved the Title IX Coordinators may be taken to protect the person making the complaint and the person(s) against whom the complaint was made, including such actions as referrals to appropriate agencies who can provide support, misconduct counseling, victim counseling, performance improvement plans, changing course and/or work schedules of one or more of the parties to the complaint.
  • Final remedies and/or sanctions include but are not limited to: Referrals to counseling, advocacy, and support agencies such as the Employee/Student Assistance Program coordinated on behalf of the student by either the Title IX Coordinators or the Director/Captain of PSASO, security escorts while on college properties, counseling, formal Performance Improvement Plans, probation with or without pay, immediate mandatory separation of the parties to the complaint, changing of course/work schedules, temporary or permanent suspensions, termination, or expulsions of those where the preponderance of the evidence indicates misconduct has likely occurred.

 References:

  • Section VI-1, Illegal Discrimination and Sexual Harassment/Violence Prevention Policy
  • Title VI and VII of the Civil Rights Act of 1964 and 1991,
  • Title IX of the Education Amendments of 1972
  • Clery Act
  • Violence against Women Act
  • Sections 799A and 845 of the Public Health Service Act,
  • Equal Pay Act of 1963,
  • Age Discrimination Act of 1967 and later amendments,
  • Vocational and Rehabilitation Act of 1973,
  • Americans with Disabilities Act of 1990,
  • Family and Medical Leave Act of 1993,
  • Executive Orders 11246 and 11375

 

 

Policy

Fayetteville Technical Community College encourages the prompt and fair settlement of student grievances.  A student may present a grievance without fear of coercion, restraint, interference, penalty, reprisal, or retaliation.

The purpose of the student grievance policy and procedure is to provide a system to resolve student complaints against faculty, staff, or other students including alleged illegal discrimination on the basis of age, gender/sex, race, color, national origin, political affiliation, disability, or other conditions.

Academic Appeals

Appeals of admissions decisions, individual grades, academic probation and/or suspension, attendance problems, disciplinary sanctions, and dismissal will not be considered under this policy, unless illegal discrimination is alleged.  Such appeals will be considered according to the guidelines set forth in III-7, Appeals and Due Process.

Illegal Discrimination Complaints

Complaints alleging illegal discrimination, as defined in VI-9.3.2 in the Employment Affirmative Action Manual and including sexual harassment, violence, assault or stalking complaints will be directed to the Vice President for HR/IE who is designated as the Title IX Coordinator.  In the absence of the Title IX Coordinator, students may submit their complaint to the Personnel Manager serving as the Deputy Title IX Coordinator. If the alleged harasser is the Vice President for HR/IE or members of his/her staff the complaint will be directed to the Vice President for Administrative Services who will conduct the inquiry or investigation following procedures outlined in section VI-9 of this manual.

Those wishing to submit their complaint in person should do so by contacting the VP of HR/IE or the Personnel Manager at 910-678-8246 and/or report to either Room 162 in the Thomas R. McLean Administration Building on the Fayetteville Campus.  Complaints may also be filed with the Director (or Captain) of Public Safety and Security in Room 102 of the General Classroom Building located on Fort Bragg Road at the Fayetteville Campus.  Should a complaint need to be filed for immediate safety and security of the parties at off-campus locations, such complaints can be filed with the Security Officers located at the off-campus sites/locations.

Grievance Procedures and Appeals (students):

Decisions resulting from any complaint investigation shall be made using the Preponderance of the Evidence standard using the following steps:

Step 1:  Conference meeting with the Title IX Coordinator, Deputy Title IX Coordinator, and the Title IX Investigators (Director/Captain of Public Safety and Security) may  also attended by the Personnel Manager, who will actively participate in the inquiry or investigation and take minutes of the conference session. If the complaint is filed with the Public Safety and Security Office (PSASO), the Personnel Manager may not be available and the PSASO will ensure an alternative method of the taking of minutes is used to document discussions.   An individual who believes that he or she has been subjected to Illegal Discrimination, including Sexual Harassment and Sexual Assault/Violence, in violation of the College’s non-discrimination policy and the alleged offender must confer with the Title IX Coordinators or the Director/Captain of the PSASO and cooperate with his or her efforts to determine facts and circumstances leading to the complaint, to enable the Title IX Coordinators/Investigators to make a reasonable determination as to the merits of the complaint, and to reach, if possible, an informal resolution that is approved by the Title IX Coordinator(s).  Both the victim and offender shall be given an equal opportunity to present information to the Title IX Investigators and/or Coordinators and both may invite another individual to accompany them to any meeting, hearing, or appeal which may be held.  The accompanying individual shall not be permitted to represent the alleged victim or alleged offender, but will be permitted to confer with the alleged victim or alleged offender so long as such is conducted in a manner so as not to disrupt the meeting, hearing, inquiry, investigation, or appeal.  Every attempt will be made to determine an informed resolution.  If such informed resolution is made and agreed to by both parties, the case will be closed.

If an agreeable informal resolution cannot be reached, the Title IX Coordinator(s) will assign responsibility to a Title IX Investigator to conduct further inquiries and investigations, within ten (10) additional working days, as necessary to determine the formal proposed remedy(ies) or resolution(s).  If the offender is a member of the faculty or staff, the formal proposed resolution shall be shared with the Senior Vice President or Vice President in the member’s chain of command.   The Title IX Coordinator and the Deputy Coordinator shall personally render a final formal decision on the matter considering all information gathered by the Title IX Investigators, including the initial complaint, witness statements and related documentation and impose sanctions as permitted by the Employment and Affirmative Action Manual and the Academic Procedures Manual.  In the event the offender is not a faculty, staff, student, vendor, or contractor of the College, the College may bar the offender from FTCC property and notify the offender of the restriction using a second degree trespass notice issued by the PSASO.

Step 2: Should a party wish to appeal the formal decision of the Title IX Coordinator and Deputy Coordinator, either party may prepare and submit a written appeal to the appropriate Senior Vice President (or Vice President) requesting reconsideration of the previous decision. The appeal/reconsideration of decision request must be presented in writing within ten (10) working days after receipt of the Step 1 decision.  The appropriate Senior Vice President (or Vice President) will render an appeal decision based on their reconsideration of the information and further inquiry into the matter within ten (10) working days following their initial receipt of such appeal/reconsideration.

Step 3: If either party is dissatisfied with the Senior Vice President’s (or Vice President’s) final resolution decision, he/she may submit a written appeal, within 10 days of their notification of the decision.  The appeal should be addressed to the College President requesting reconsideration of both the Title IX Coordinator(s) findings and the appropriate Senior Vice President (or Vice President’s) finding(s).  The President may consider the evidence adduced during the previous inquiries and/or investigations, the Title IX Coordinator’s recommendations, the decision(s) of the Senior Vice President (Vice President), and any other relevant evidence.  The appellant may be asked to appear and present additional testimony or evidence in person to the President (at his/her discretion).  Should the President seek additional information from any party, all parties shall have a right to provide oral testimony.  The President will render a final decision on the matter within 20 days of receipt of the appeal.  No additional administrative remedy shall be granted after a decision is made by the President.

Miscellaneous Information: In compliance with Title IX requirements, the following additional information is provided related to the filing of complaints:

  • FTCC shall retain jurisdiction over Title IX complaints and subsequent inquiries and/or investigations. The evidentiary standard used during inquiries or investigations following a complaint shall be Preponderance of the Evidence.  Normally, Title IX investigations will be assigned to the Director (or Captain) of Public Safety and Security with the final completed investigation report being hand carried to the Title IX Coordinators for a decision using the preponderance of evidence standard.
  • Victims may file confidential reports and the College, will make all reasonable efforts to ensure confidentiality. However, if a report is made confidentially or anonymously, the ability of the College to fully explore the complaint may be substantially limited. While assuring rights and due processes of all parties involved in the complaint, FTCC shall attempt to make resolutions with limited access to reported information.  The College’s Title IX Coordinator (and/or the Deputy Coordinator) will determine the degree of confidentiality that can be allowed based upon the circumstances in the reported action.  In situations where absolute confidentiality cannot be maintained to ensure due process of all parties of the complaint, each person given access to the information will be informed that retaliation is prohibited under Title IX.
  • Those filing complaints under this procedure may also file a criminal complaint and a Title IX complaint simultaneously (at the discretion of the person making the complaint). Alleged victims shall be notified of this right by the person receiving the initial allegation or complaint.
  • Interim measures, approved by the Title IX Coordinators, may be taken to protect the person making the complaint and the person(s) against whom the complaint was made, including such actions as referrals to appropriate agencies who can provide support, misconduct counseling, victim counseling, performance improvement plans, changing course and/or work schedules of one or more of the parties to the complaint.
  • Final remedies and/or sanctions that may be included in the Title IX Coordinator(s) decision include but are not limited to: Referrals to counseling, advocacy, and support agencies such as the Employee/Student Assistance Program coordinated on behalf of the student by either the Title IX Coordinators or the Director/Captain of PSASO, security escorts while on college properties, counseling, formal Performance Improvement Plans, immediate mandatory separation of the parties to the complaint, changing of course/work schedules, temporary or permanent suspensions, termination, or expulsions of those where the preponderance of the evidence indicates misconduct has likely occurred.

References:

  • Section VI-1, Illegal Discrimination and Sexual Harassment/Violence Prevention Policy
  • Title VI and VII of the Civil Rights Act of 1964 and 1991,
  • Title IX of the Education Amendments of 1972,
  • Clery Act
  • Violence against Women Act
  • Sections 799A and 845 of the Public Health Service Act,
  • Equal Pay Act of 1963,
  • Age Discrimination Act of 1967 and later amendments,
  • Vocational and Rehabilitation Act of 1973,
  • Americans with Disabilities Act of 1990,
  • Family and Medical Leave Act of 1993, Executive Orders 11246 and 11375

The Trustees of Fayetteville Technical Community College is committed to providing a non-discriminatory and harassment-free environment for faculty, staff, students, and visitors at the College. Accordingly, it is the policy of Fayetteville Technical Community College (FTCC) to prohibit all forms of illegal discrimination and to foster a campus environment which empowers individuals to bring forth claims of illegal discrimination without fear of retaliation. No form of illegal discrimination shall be tolerated whether it arises in the employment environment or arises in some manner which impedes the ability of students, employees, and others to access any service offered by the College. FTCC shall place a special emphasis on providing training designed to help faculty, staff, and students recognize, intervene, prevent, and end illegal discrimination based on sex or gender, including sexual harassment, sexual violence, sexual assault, stalking, domestic violence, dating violence, or other forms of intimate partner violence.

In the event an allegation of illegal discrimination is made, FTCC shall:

Inform the alleged victim of options and assistance which may be available to them;

Maintain confidentiality to the fullest extent permitted by law;

Thoroughly and impartially investigate the allegation;

When reasonably necessary, provide interim remedy(ies) pending a final resolution;

Provide all parties involved in the allegation a prompt and equitable determination of the merits of the claim;

Decide whether the allegations are more likely than not to have occurred (preponderance of the evidence standard); and,

If it is more likely than not that the allegations occurred, resolve the allegations in a manner designed to end the discrimination, prevent its reoccurrence, remedy the effects upon the victim and the community, and impose reasonable sanctions on any party found to have engaged in behavior prohibited by this policy.

Illegal discrimination shall be defined as any action or decision that interferes or denies a person employment or participation in any educational program/activity at FTCC based upon race, color, national origin, religion, sex/gender, age, disability, political affiliation. Sexual harassment, sexual assault, stalking, domestic violence, dating violence, or other forms of intimate partner violence are prohibited and considered to be forms of sex/gender based discrimination.

FTCC faculty, staff, students, and visitors to the College shall be permitted to bring forth claims of illegal discrimination without fear of retaliation. It shall be a violation of this policy for any faculty, staff, student, or visitor to retaliate against an individual bringing forth such claims or defending themselves against an allegation of misconduct. It shall also be a violation of this policy to knowingly make false claims or statements regarding illegal discrimination.

The administration of FTCC shall establish appropriate procedures to implement this policy. The Administration of FTCC shall provide an annual report to the Board of any alleged violation of this policy and a summary how the allegation was resolved. The report shall be due during the June meeting of the Board and will include only allegations that have fully resolved, including the exhaustion of all appeal rights.

Illegal Discrimination & Sexual Harassment/Violence Prevention Policy

 

All members of this community are expected and instructed to conduct themselves so as to contribute to an atmosphere free of illegal discrimination, including sexual harassment or sexual violence. Illegal discrimination of an employee by another employee or student, or of a student by another student or employee is a violation of this College policy and will not be tolerated. Any employee or student violating this policy shall be disciplined in accordance with the procedures outlined below.

This policy is adopted to promote an atmosphere in which all members of the Fayetteville Technical Community College community may work and study free of illegal discrimination and to provide for the orderly resolution of complaints of illegal discrimination.

 

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 a hostile or offensive workplace 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.

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 FTCC employment, education program, or FTCC 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: A request for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature by an employee or student, constitutes sexual harassment when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or

Submission to or rejection of such conduct by an individual is used as the basis for employment decision affecting that individual, or

Submission to or rejection of such conduct by a student is made the basis for decisions concerning a student’s grade, academic achievement or progress, or participation in any program, curriculum or activity of the College, or

Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance, or creating an intimidating, hostile or offensive environment.

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 of 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 non-consensual sexual intercourse, however slight, with any object, by one person upon another person that is without consent and/or done by force.

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.

Counseling Services

The Employee and Student Assistance Program (ESAP) is operated by Cape Fear Valley Health System and is a free service provided by the College for its students and employees. The ESAP staff can collaboratively work with you to resolve issues that have begun to affect your physical and mental health. ESAP counselors are dedicated individuals with the professional training and experience required to help you identify and resolve work issues, family concerns, affects from sexual violence, and/or academic crises that have disrupted your ability to reach your highest level of personal, professional, and life satisfaction desires. Whether it is stress, anxiety, depression, or relationship issues, ESAP counselors will listen and provide unconditional acceptance of you as a person. They will collaboratively work with you to define problem structures, generate realistic goals, and implement action-based plans to bring about desired changes in your life. Concerns and interventions are designed to help both employees and students. ESAP counselors are exempt from reporting information discussed with Counselors back to officials working at the College. To contact ESAP during regular business hours, you may contact the Title IX Coordinator or Deputy Coordinator at (910) 678-8373 who will assist you with a referral to the ESAP. After regular business hours, students may contact the Public Safety and Security Office at (910) 678-8433.

Cumberland County Rape Crisis Center