Illegal Discrimination And Sexual Misconduct Title IX
Central Carolina Community College serves the public without regard to race, color, national origin, religion, age, sex and sexual orientation, gender, family status, disability status, veteran status, or any health or genetic information.
.281 Title IX: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct
Central Carolina Community College (CCCC) is committed to providing an environment that is supportive of its primary educational mission and free from sex/gender-based misconduct, in Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106:
"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."
Members of the college community, guests and visitors have the right to be free from all forms of sex/gender harassment, discrimination and misconduct. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. CCCC will not tolerate acts of Title IX or sex/gender-based harassment in any of its forms, including, but not limited to, sexual or gender-based harassment, rape, sexual assault, other forcible and non-forcible sex offenses, domestic or dating violence, or stalking, and supports this policy for all students, faculty, and staff. All actions taken to investigate and resolve complaints through this process will be conducted in a matter that preserves confidentiality to the greatest extent possible under the circumstances, without compromising the thoroughness of the investigation.
Inquiries concerning Title IX compliance should be referred to the Title IX Coordinator, who is charged with the oversight of all Title IX claims and investigations. The President has the authority to designate the Title IX Coordinator and/or Deputy Title IX Coordinator(s), and to change them as needed. Their specific identities and contact information are posted prominently on the CCCC website.
Education for students, faculty, and staff will be provided through appropriate training programs, which may include:
- New-employee orientation programs
- Professional development training
- Student and Employee Handbooks
- Brochures, posters, pamphlets
- Campus Media
Sexual Misconduct Offenses
Sexual harassment is a form of sex discrimination and refers to unwelcome, sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct. Sexual harassment includes quid pro quo harassment. Gender-based harassment may involve acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature and includes any other conduct that has the purpose or effect of unreasonably interfering with one’s freedom by creating an intimidating, hostile, humiliating, or sexually offensive academic environment. Anyone experiencing sexual or gender-based harassment in any College program is encouraged to report it immediately to the Title IX Coordinator.
While in some cases individuals may make sexual comments or jokes or personal advances without intending harm, such actions can be unwanted, threatening, and perceived as harassment. Stopping sexual or gender-based harassment in its many forms requires an increased awareness by everyone at the College of the impact that such actions may have on others. The following is a partial list of unwelcome, unwanted behavior, which may be considered sexual or gender-based harassment:
- Unwelcome sexual advances or propositions – whether they involve physical touching or not;
- Written or verbal sexual epithets, jokes, or references to sexual conduct, gossip regarding one’s sex life;
- Written or verbal abuse of a sexual nature, use of sexually degrading, or vulgar words to describe an individual;
- Leering, whistling, brushing against another’s body, sexual gestures;
- The display of sexually suggestive objects, pictures, posters, cartoons, websites, and any form of electronic communication;
- Comments about an individual's body or appearance, or regarding one's sex life, experience, sexual prowess, or sexual deficiencies;
- Asking questions about sexual conduct or probing into one’s sex life or relationships; and
- Harassment consistently targeted at only one sex, even if the content of the verbal abuse is not of a sexual nature.
Definitions and descriptions of Sexual Violence, Sexual Misconduct, and other applicable definitions:
- Intimate Partner Violence (IPV): the overarching term used to address any form of domestic or dating violence.
- Sexual Assault: An offense that meets the definition of rape, fondling, incent, or statutory rape as used in the FBI’s UCR program.
- Sex Offenses: any sexual act direct against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
- Rape - The penetration, no matter how slight, of the vagina or anus with any body part of object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.
- Domestic Violence: A felony or misdemeanor crime of violence committed
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
- By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
- Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
- The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
- Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress.
- For the purposes of this definition:
- Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
- Sexual Violence: any non-consensual sexual contact including penetration.
- Victim/Survivor: the person who has experienced IPV, stalking, and/or sexual violence.
- Alleged Perpetrator: an individual who the victim/survivor identifies as having perpetrated IPV, stalking, or sexual violence.
- Reporting Party: a victim/survivor who has notified CCCC that sexual misconduct/violence has occurred.
- Responding Party: the individual who the reporting party identifies as having perpetrated sexual misconduct/violence.
- Consent: Explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Non-verbal communication, silence, passivity, or lack of active resistance does not imply consent. Hostile environment: An environment created then sexual harassment is sufficiently severe or persistent or pervasive, and objectively offensive.
- Non-consensual sexual contact: Any intentional sexual touching, with any object, by a person upon another person that is without consent and/or by force.
- Non-consensual sexual intercourse: Any sexual intercourse, however slight, with any object, by a person upon another person that is without consent and/or by force.
- Quid Pro Quo Harassment: Unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another.
- Sexual Exploitation: When one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy, prostituting another person, non-consensual digital, video or audio recording of nudity or sexual activity; engaging in voyeurism; knowingly exposing someone to or transmitting an STI, STD, or HIV to another person.
- Awareness programs: Community-wide or audience specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.
- Bystander intervention: Safe and positive options that may be carried out by an individual or individuals to prevent harm of intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes:
- Recognizing situations of potential harm
- Understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking actions to intervene
- Ongoing prevention and awareness campaigns: Programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution.
- Primary prevention programs: Programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe direction.
- Risk reduction: Options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.
- Prompt, fair, and impartial proceeding: A proceeding that is completed within reasonably prompt timeframes designated by an institution’s policy, including a process that allows for the extension of timeframes for good cause and with written notice to the reporting party and the responding party of the delay and the reason for the delay; Conducted in a manner that:
- Is consistent with the institution’s policies and transparent to the accuser and accused;
- Includes timely notice of meetings at which the reporting party or responding party, or both, may be present; and
- Provides timely and equal access to the reporting party, the responding party, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings; and
- Conducted by officials who do not have a conflict of interest or bias for or against the reporting party or the responding party.
- Proceedings: All activities related to a non-criminal resolution of an institutional disciplinary complaint, including but not limited to, fact finding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.
- Result: Any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution. The result must include any sanctions imposed by the institution.
Reporting and Confidentiality
All college employees have a duty to report Title IX violations immediately to the Title IX Coordinator, unless their position requires them to maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor. Examples of those who may be required to maintain confidentiality include licensed professional counselors, clergy working within the scope of their licensure or ordination, or licensed medical professionals. The reporting party will be notified when information cannot be kept confidential.
If the reporting party requests confidentiality and decides not to file charges in a Title IX violations case, an anonymous report of the incident must be made in order to comply with the Clery Act (campus crime reporting).
Investigation and Resolution of Claims
All claims shall receive a prompt, fair, and impartial investigation and resolution. Investigations shall be conducted by officials who receive training on issues related to the aforementioned crimes and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. The reporting party and the responding party are entitled to a fair and equitable process, and both shall be simultaneously informed, in writing, of:
- specific finding for each violation and each responding party involved in the proceeding;
- sanctions resulting from the outcome of the proceeding;
- CCCC’s procedures for appeal of the results
Sanctions may be imposed upon any member of the college community found to have violated the Title IX: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct policy. Sanctions for sexual misconduct can range from probation to expulsion/termination, or other appropriate sanction based on the severity of the incident. This policy applies to both students and employees.
Protection against Retaliation
Retaliation is defined as any materially adverse action that might well have dissuaded a reasonable person from making or supporting a complaint of Title IX Violations. A complaint’s actual or perceived lack of merit does not excuse retaliatory conduct.
Retaliation against any individual for reporting Title IX Violations or against one who participates in an investigation will not be tolerated. In responding to reports of retaliation, the College will conduct a prompt, thorough and impartial investigation and will take appropriate remedial measures.
CCCC recognizes that the question of whether a particular course of conduct constitutes Title IX Violations requires a factual determination. The College also recognizes that false accusations can have serious effects on innocent persons. If, after investigation, it is clear that the reporting party who has accused another of Title IX Violations maliciously or recklessly made a false accusation, the reporting party will be subject to appropriate disciplinary action, up to and including expulsion.
For questions regarding Title IX policy as it relates to students, please contact:
Title IX Coordinator
Dean of Student Support Services
Rm 40, Hockaday Hall
Lee Main Campus
1105 Kelly Drive
Sanford, NC 27330
For questions regarding Title IX policy as it relates to employees, please contact:
Deputy Title IX Coordinator (Faculty and Staff)
Director of Human Resources
Human Resources, Science Building
Lee Main Campus
1105 Kelly Drive
Sanford, NC 27330