Reporting and Responding to Complaints of Discrimination, Harassment, and Related Misconduct Involving a Visitor, Program Participant, Contractor, or other Third Party as the Responding Party

Title

University of North Carolina at Chapel Hill Procedures for Reporting and Responding to Complaints of Discrimination, Harassment, and Related Misconduct Involving a Visitor, Program Participant, Contractor, or other Third Party¹ as the Responding Party

Table of Contents

1. Overview
2. Reporting Options, Support Resources, and Crisis Response Resources
   1. Definitions of Private, Confidential, and Anonymous
   2. Reporting Options
      1. Law Enforcement
      2. University Administration
      3. Anonymous
      4. Reporting Considerations: Timeliness and Location of Incident
      5. Amnesty
   3. Resources and Support
      1. Crisis Response Resources
      2. Confidential Support
      3. Other Resources
3. Resolution Process
   1. Time Frame for Resolution
   2. Initial Assessment
   3. Inquiry
   4. Remedies and Corrective Measures
      1. Corrective Measures
      2. Remedies
4. Additional Considerations
   1. Retaliation
   2. Role of the Support Person, Attorney, and Non-Attorney Advocate
   3. External Agreements
5. Endnotes

I. Overview²

This document sets forth procedures for reporting and responding to Discrimination, Harassment (including Sexual or Gender-Based Harassment and Sexual Violence), Interpersonal Violence, Stalking, Complicity, and Retaliation (hereinafter collectively referred to as “Prohibited Conduct”) involving a Visitor, Program Participant, Contractor, or other Third Party as the Responding Party. Please refer to the Policy on Prohibited Discrimination, Harassment and Related Misconduct for applicable definitions of key terms.

All community members are strongly encouraged to report incidents of Prohibited Conduct to the Equal Opportunity and Compliance Office and/or the UNC Police for criminal conduct, as appropriate. As an alternative, as outlined below, an individual can also seek confidential assistance that does not involve notice to the University.

Upon receipt of a report, a representative of the Response Team,³ a core group of administrators that may include the Director of Equal Opportunity and Compliance, the Title IX Compliance Coordinator, Report and Response Coordinators, the Office of the Dean of Students, the Office of Human Resources, the Academic Personnel Office, or any other office that has the relevant authority to address the allegations, will offer appropriate resources to support the parties, as appropriate (e.g., medical care, counseling resources, safe housing) and conduct an Initial Assessment. The Initial Assessment will consider the nature of the report, the safety of the parties and the campus community, the Reporting Party’s expressed preference for resolution, and the necessity for any Interim Measures.

Following this Initial Assessment, the Director of Equal Opportunity and Compliance or Title IX Compliance Coordinator may:

1. take no further action;
2. initiate an inquiry that may include providing resources, accommodations, or other remedial measures to the Reporting Party, and may also lead to corrective measures that involve the Responding Party; and/or
3. take other measures tailored to address the reported conduct.

The resolution process is guided by the same principles of fairness and respect for all parties. Resources are available for a Reporting Party to provide support and guidance throughout the resolution of the report.

The University encourages a Reporting Party to explore all available options for resolution, including a report under the Policy and a report to law enforcement. The processes are not mutually exclusive; an individual can choose to pursue both a report under the Policy and a criminal investigation at the same time. If an individual would like assistance contacting a law enforcement agency, either to report an incident or to follow-up on a report, a member of the Response Team is available to assist a Reporting Party in contacting the appropriate law enforcement agency

II. Reporting Options, Support Resources, and Crisis Response Resources

A. Definitions of Private, Confidential, and Anonymous

Reporting options and resources are categorized as private, confidential, and anonymous.

• “Private” means that information related to a report under the Policy will only be shared with those individuals who “need to know” in order to assist in the active review, investigation, or resolution of the report. While not bound by confidentiality, these offices and individuals will be discreet and respect the privacy of all individuals involved in the process. Private options include the Equal Opportunity and Compliance Office, UNC Police, and any other University employee or office that is not designated as a confidential resource.
• “Confidential” means that information shared with designated campus or community professionals will only be disclosed with the individual’s permission, unless there is a continuing threat of serious harm to the individual or to others or there is a legal obligation to reveal such information (e.g., where there is suspected abuse or neglect of a minor). Confidential resources include the University Ombuds Office, the Gender Violence Services Coordinators, and medical providers in Campus Health Services and Counseling and Psychological Services.
• “Anonymous” means that an individual may share information without disclosing their name and without identifying the other parties involved or requesting any action. Depending on the level of information available about the incident or the individuals involved, the receiving unit’s ability to respond to an anonymous report may be limited.

B. Reporting Options

1. Law Enforcement

The University strongly encourages all individuals to report potential criminal conduct, including Sexual Violence, Interpersonal Violence, and Stalking, by calling 911 or by contacting UNC Police. If the incident occurred off-campus, UNC Police will refer the report to the police department or law enforcement agency in the correct jurisdiction, or individuals may locate the correct police jurisdiction on the State of North Carolina's Criminal Justice Information Network website.

A report to law enforcement remains private, but not confidential. A report to law enforcement does not automatically trigger a criminal investigation. A Reporting Party may be able to provide an “informational report” to law enforcement if they do not wish to pursue a criminal investigation at that time. UNC Police will explain the criminal investigation process and will provide information about the University’s resources and complaint process. An individual may choose to pursue both a criminal investigation and a resolution through the University process simultaneously. The processes are not mutually exclusive; an individual may choose to pursue both a report under the Policy and a criminal investigation at the same time. Alternatively, a Reporting Party may choose only one of those options or may choose neither option. UNC Police work collaboratively with the Equal Opportunity and Compliance Office and other administrative units to promote campus safety and compliance with state and federal laws.

2. University Administration

The University strongly encourages a Reporting Party to promptly report Prohibited Conduct directly to the Equal Opportunity and Compliance Office or to another designated Reporting Option. Making a report to the University means telling a designated Reporting Option what happened, in person, by telephone, in writing, by e-mail, electronically, or anonymously. The Report and Response Coordinators in the Equal Opportunity and Compliance Office are trained professionals who are available to receive reports and can provide guidance in making decisions about choosing a resolution process, provide information about and facilitate connections to available resources, and facilitate implementation of interim measures and accommodations. The Report and Response Coordinators can provide assistance and guidance for all affected parties. Individuals may also seek guidance from or report directly to the Title IX Compliance Coordinator or the Director of Equal Opportunity and Compliance.

Individuals may also report allegations of misconduct to the Office of the Dean of Students, the Office of Human Resources, UNC Police, and other individuals on campus who are designated as Responsible Employees. Responsible Employees are employees with administrative or supervisory responsibilities, including but not limited to Deans, Directors, Department Chairs, Coaches, Student Affairs professionals (including Resident Advisors), and faculty who serve as advisors to student groups. Learn more about Responsible Employees on the Equal Opportunity and Compliance Office website. Responsible Employees will safeguard an individual’s privacy, but are required by the University to immediately share all details about a report of Prohibited Conduct with the Equal Opportunity and Compliance Office. Such reporting ensures timely support for all parties and enables an effective and consistent institutional response. Confidential Resources are not Responsible Employees.

A report to any of the above University reporting options remains private, but not confidential. The University encourages all individuals to promptly report Prohibited Conduct so that immediate and corrective action can be taken to eliminate the conduct, prevent its recurrence, and address its effects. The University will provide support and assistance and will respond consistent with the procedural options available at the time of the report. Upon receipt of a report, the Director of Equal Opportunity and Compliance or Title IX Compliance Coordinator will make an immediate assessment of the risk of harm to the parties or to the broader campus community and will take steps necessary to address any risks. These steps will include establishing Interim Measures to provide for the safety of the parties and the campus community and, where appropriate, referral to UNC Police.

The University recognizes that deciding whether to make a report is a personal decision that may evolve over time. Through a coordinated effort, staff from the above offices provide support to assist each individual throughout the report and resolution process, and consistent with the goal of safety for all community members, these staff will make every effort to respect an individual’s preference in determining to how to proceed.

3. Anonymous

Any individual may make a report of Prohibited Conduct to the University without disclosing one’s name (an “anonymous report”) and without identifying the Responding Party or requesting any action. Depending on the level of information available about the incident or the individuals involved, the University’s ability to respond to an anonymous report may be limited, or impossible. The EOC Anonymous Reporting Form can be found on the Equal Opportunity and Compliance Office website.

The Equal Opportunity and Compliance Office will receive the anonymous report and, in consultation with the Response Team and UNC Police, as needed, will determine any appropriate next steps, including individual or community remedies.

A Reporting Party can also submit an anonymous report to UNC Police using the "Silent Witness" program. Other law enforcement agencies may also accept anonymous reports.

In addition, under North Carolina law enforcement procedures, a Reporting Party can submit a “blind report” to UNC Police. A blind report, while not anonymous, allows a Reporting Party to provide information about criminal conduct without having their identity associated with that report for the purposes of law enforcement records. UNC Police can elect to designate a report as a blind report even after a Reporting Party has provided their identifying information. Please note that the designation of information as a blind report does not affect UNC Police’s obligation to share the information with the Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator, who will keep the information private. Other law enforcement agencies may also accept blind reports.

4. Reporting Considerations: Timeliness and Location of Incident

All individuals, including a Reporting Party or witness, are encouraged to report Prohibited Conduct regardless of when or where it occurred, as soon as possible to maximize the ability to respond promptly and effectively. The University does not limit the time frame for reporting. Delay in reporting Prohibited Conduct, however, may affect the University’s ability to collect relevant evidence or information regarding the alleged conduct. In some cases, the delay may be so significant that the University may not be able to fully investigate or take disciplinary action.

A Reporting Party may seek resolution through the Equal Opportunity and Compliance Office at any time. If the Responding Party is no longer visiting, contracting with the University, participating in a University program, or otherwise no longer affiliated with the University at the time of the report the University may be limited in how it can take action in relation to the Responding Party. Likewise, the University’s response may be limited if the conduct did not occur on campus, in the context of an education or employment program or activity of the University, or have continuing adverse effects on campus or in an off-campus education or employment program or activity. In each instance, the University will still provide any fair and reasonable support and resources to a Reporting Party designed to end the Prohibited Conduct, prevent its recurrence, and address its effects. The Equal Opportunity and Compliance Office or Title IX Compliance Coordinator will also help a Reporting Party identify external reporting options.

5. Amnesty

Any student, including the Reporting Party or witness, who voluntarily makes a report or participates in an investigation of Prohibited Conduct, and provides full and accurate information relating to the report, will not be subject to disciplinary action by the University for their own personal consumption of alcohol or other drugs, or for other behavior that may violate University policies, at or near the time of the incident, provided that any such violations did not harm or place the health or safety of any other person at risk. The Office of the Dean of Students may require a follow up meeting in which support, resources, and educational counseling options may be mandated for an individual who has engaged in the illegal or prohibited use of alcohol or drugs. With consideration to encouraging reporting potential Prohibited Conduct, behavior by employee reporting parties or witnesses will be assessed on a case-by-case basis.

C. Resources and Support

1. Crises Response Resources

As a first priority, the University encourages all individuals to report Sexual Violence, Interpersonal Violence, Stalking, or potential criminal conduct by calling 911 or by contacting UNC Police. If the incident occurred off-campus, UNC Police will refer the report to the police department or law enforcement agency in the correct jurisdiction and will help an individual find a safe place and/or provide transportation to the hospital. A report to law enforcement is private but not confidential.

The University also encourages individuals to seek assistance from a medical provider or crisis response service immediately after an incident of Sexual Violence or Interpersonal Violence. This provides the opportunity to address physical well-being or health concerns, preserve any available evidence, and begin a timely investigative and remedial response. Emotional care, counseling, and crisis response are also available on and off campus and are included in the Resources Chart in the "Attachments" section of this document. Information about financial assistance with related medical expenses that may be available for students and employees can be found on the Safe at UNC website. A report to a medical professional or a designated confidential resource is confidential.

2. Confidential Support

The trained professionals designated in the Resources Chart in the "Attachments" section of this document can provide counseling, information, and support in a confidential setting. These confidential resources will not share information about a patient/client (including whether that individual has received services) without the individual’s permission unless there is a continuing threat of serious harm to the patient/client or to others or there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor).

The Gender Violence Service Coordinators and the University Ombuds Office, can provide support and assistance in understanding the reporting options and navigating the reporting processes. Individuals may choose to use these resources first before deciding whether to report Prohibited Conduct to law enforcement or to the University. The Gender Violence Service Coordinators provide support for individuals of all gender identities who have experienced or are experiencing Sexual Violence, Interpersonal Violence, or Gender-based Harassment. The University Ombuds Office provides support and information for anyone affected by an incident or allegation, including Reporting Parties, Responding Parties, witnesses, and peers.

Confidential medical services, including counseling and psychological services, are available to students through Campus Health Services. Confidential counseling and psychological services are available to employees through the Employee Assistance Program. Other valuable confidential resources in the community can be found in the Resources Chart in the "Attachments" section of this document.

3. Other Resources

The University recognizes that Sexual Violence, Interpersonal Violence, and other types of Discrimination and Harassment can have a significant effect on an individual’s educational and employment opportunities. Report and Response Coordinators in the Equal Opportunity and Compliance Office can help individuals navigate solutions to the challenges that may arise on campus and in the workplace and connect them to the appropriate assistance. The Resources Chart in the "Attachments" section of this document lists various resources on and off campus to address a variety of needs that may arise, including immigration assistance, financial aid, and legal assistance. Regardless of whether an individual wishes to report to the University or to law enforcement, the University strongly encourages all parties who may be affected by allegations of Prohibited Conduct to contact the Report and Response Coordinators so that they can connect the individuals with resources that will help them succeed as members of the University community. Students may also use the Office of the Dean of Students for support and connection to resources.

III. Resolution Process

A. Time Frame for Resolution

Consistent with the goal to provide an inclusive and safe educational and work environment the Director of Equal Opportunity and Compliance and the Title IX Compliance Coordinator will seek to resolve all reports within forty-five (45) business days from receipt of confirmation from the Reporting Party of the intent to proceed with an Inquiry (as outlined in Section III.C. of these procedures) and/or sufficient information to determine that the report raises a potential issue under Section II (Scope and Applicability) and Section IV (Prohibited Conduct) of the Policy. Business days do not include weekends or University holidays. The time frame for completion of the Inquiry, or any designated time frames for required actions under the Policy, may be extended for good cause as necessary to ensure the integrity and completeness of the resolution process, to comply with a request by external law enforcement, to accommodate the availability of witnesses, to account for University breaks or pre-approved leave, to account for the complexities of a report, or to address other legitimate reasons. The Equal Opportunity and Compliance Office will share in writing any extension of the timeframes, and the reason for the extension. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

B. Initial Assessment

When a report is made, the Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator, with the assistance of the Response Team, will conduct an Initial Assessment. The assessment will determine whether the alleged conduct would present a potential violation of the Policy, whether the University has jurisdiction over the matter, and whether further action is warranted based on the alleged conduct. Members of the Response Team may include individuals from the Office of the Dean of Students, the Office of Human Resources, the Academic Personnel Office, the department or unit associated with the third party (if any) or any other office relevant to addressing the allegations.

The first step of the Initial Assessment will usually be a preliminary meeting between the Reporting Party and a Report and Response Coordinator or designee. The Report and Response Coordinator will first:

• Address any immediate concerns about the physical safety and emotional well-being of the parties;
• Provide the Reporting Party with information about:
  • On and off campus resources,
  • The available range of Interim Measures, and
  • An explanation of the resolution process;
• Notify the Reporting Party of the availability of medical treatment to address any physical and mental health concerns and to preserve evidence;
• If the conduct is criminal in nature, notify the Reporting Party of the option to make a report to law enforcement and to be assisted in doing so, as well as the option to decline to report to law enforcement;
• Discuss the Reporting Party’s expressed preference for manner of resolution and any barriers to proceeding;
• Explain the University’s policy prohibiting Retaliation; and
• Explain the role of the Support Person, Attorney, or Non-Attorney Advocate.

The Report and Response Coordinator or designee will also gather facts that will enable the Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator, in consultation with other offices as appropriate, to:

• Assess the nature and circumstances of the allegation;
• Refer the matter to law enforcement for appropriate action;
• Conduct an assessment for potential pattern evidence or other similar conduct;
• Assess the reported conduct for the need to issue a timely warning under federal law; and
• Enter non-identifying information about the report into the University’s daily crime log if the conduct is potentially criminal in nature.

Where a Reporting Party requests that their name or other identifiable information not be shared with the Responding Party or that no action be taken, the Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator will balance this request against the following factors in reaching a determination whether the request can be honored:

• whether the alleged conduct would present a potential violation of the Policy;
• the nature and scope of the alleged conduct, including whether the reported misconduct involves allegations of violence and/or the use of a weapon;
• whether the alleged conduct, if true, would necessitate corrective measures that involved the Responding Party;
• the respective ages and roles of the Reporting and Responding Parties;
• the power dynamics between the involved parties;
• the risk posed to any individual or to the campus community by not proceeding, including the risk of additional violence;
• the risk of retaliation against the Reporting Party, witnesses, or other related individuals;
• whether there have been other reports of misconduct by the Responding Party;
• whether the report reveals a pattern of such misconduct (e.g., including abuse of authority) at a given location or by a particular group or individual;
• the Reporting Party’s wish to pursue corrective measures that involve the Responding Party;
• whether the University possesses other means to obtain relevant evidence; and
• the University’s obligation to provide a safe and non-discriminatory and non-retaliatory environment.

The Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator will assess the above factors and the Reporting Party’s expressed preference for manner of resolution in determining the appropriate course of action. The University’s ability to fully respond to a report may be limited if the Reporting Party declines to participate in the resolution process.

At the conclusion of the Initial Assessment, the Director of Equal Opportunity and Compliance or Title IX Compliance Coordinator will determine the appropriate resolution route. Resolution may include: 1) no further action; 2) the initiation of an Inquiry that may include providing resources, accommodations, or other remedial measures to the parties, as appropriate given their affiliation with the University, and may also lead to corrective measures that involve the Responding Party; and/or 3) take other measures tailored to address the reported conduct.

The Equal Opportunity and Compliance Office has sole authority to conduct Inquiries and oversee resolutions for reports of Prohibited Conduct under the Policy. Any administrator, supervisor, or other individual who is a designated Responsible Employee who receives a report, either directly or indirectly, of alleged Prohibited Conduct under the Policy, must notify the Equal Opportunity and Compliance Office immediately. An administrator, supervisor, or other individual must not attempt to resolve the report or address the matter without consultation with and assessment by the Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator. If the report includes allegations that could potentially violate other University policies, the Equal Opportunity and Compliance Office will coordinate with appropriate units to maximize efficiency, minimize disruption, and impart a prompt and appropriate resolution by the University.

C. Inquiry

Following the Initial Assessment, the Equal Opportunity and Compliance Office will conduct a prompt Inquiry into the reported conduct that is a potential violation of the Policy to determine the appropriate course of action. Information gathered during the Inquiry will be used to evaluate the appropriate course of action, provide for individual and campus safety, and identify the need for Interim Measures and other remedies as necessary to eliminate the alleged conduct and to address its effects. The Equal Opportunity and Compliance Office will work with the Reporting Party, sometimes in concert with members of the Response Team, to determine a resolution designed to maximize the Reporting Party’s access to all employment, educational, and extracurricular opportunities and benefits at the University and to eliminate a potential hostile environment.

Some forms of resolution will focus on supporting the Reporting Party with no participation or involvement by the Responding Party. Other forms of resolution may include participation by the Responding Party. Depending on the type of remedy used, it may be possible for a Reporting Party to maintain anonymity. Forms of resolution may include:

• establishing Interim Measures;
• conducting targeted or broad-based educational programming or training for relevant individuals or groups;
• providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred;
• facilitating a private discussion with the Responding Party or other affiliated persons or groups about the allegations and discussing solutions for eliminating the alleged behavior and remedying its affects;
• severing the relationship between the University and the Responding Party, which may include terminating a contract, the Responding Party’s participation in a University program, or other type of formal relationship;
• barring the Responding Party from entering campus property by establishing a Trespass Notice through law enforcement;
• establishing mutually agreed upon parameters of interaction between the parties, including agreements for no contact, and/or time or place restrictions to limit interaction; and
• implementing any other remedy that can be tailored to the involved individuals to achieve the goals of the Policy.

The Director of Equal Opportunity and Compliance or Title IX Compliance Coordinator will oversee the Inquiry. All individuals will be treated with appropriate sensitivity and respect throughout the resolution process. The University will safeguard the privacy of the individuals involved in a manner consistent with federal law and University policy. A Report and Response Coordinator in the Equal Opportunity and Compliance Office will serve as a resource and point of contact for both parties and any witnesses throughout the resolution process to answer questions about the process and to connect parties to resources, support, accommodations, or Interim Measures.

Where the University is made aware that there is a concurrent criminal investigation, the Equal Opportunity and Compliance Office will coordinate with law enforcement so that any University processes do not interfere with the integrity or the timing of the law enforcement investigation. At the request of law enforcement, the University may agree to defer any fact-finding portion of its Inquiry until after the initial stages of a criminal investigation. The Director of Equal Opportunity and Compliance or Title IX Compliance Coordinator will nevertheless communicate with the parties, as appropriate given their affiliation with the University, regarding resources and accommodations, procedural options, anticipated timing, and the implementation of any necessary Interim Measures for the safety and well-being of all affected individuals.

All community members, including students, faculty, and other University employees, are expected to cooperate with the Equal Opportunity and Compliance Office in the Inquiry. The Equal Opportunity and Compliance Office may request the appearance of persons from the University community who can provide substantial, relevant information.

At the conclusion of the Inquiry, the Equal Opportunity and Compliance Office will notify the Reporting Party of the final chosen course of action, which may include corrective measures or remedy(ies), in writing. The Reporting Party may request to meet with a Report and Response Coordinator to discuss the outcome of the Inquiry. The outcome of the Inquiry will be final, subject to any grievance rights that may be available to certain University employees.⁴

D. Remedies and Corrective Measures

The Policy prohibits a broad range of behaviors, which are serious in nature. In keeping with the University’s commitment to foster an environment that is safe, inclusive, and free of Prohibited Conduct, the Policy provides the University with wide latitude in the imposition of remedies and corrective measures tailored to the facts and circumstances of each report, the impact of the misconduct on the Reporting Party, and the surrounding community. The imposition of remedies and corrective measures is designed to eliminate prohibited conduct under the Policy, prevent its recurrence, and remedy its effects, while supporting the University’s educational mission and federal obligations.

In determining the appropriate course of action, the investigator and the outcome team shall consider the following factors:

• the nature and violence of the conduct at issue;
• the effects of the conduct on the Reporting Party;
• the effects or implications of the conduct on the work environment, the community or the University;
• whether the conduct involved an abuse of power or authority;
• prior misconduct by the Responding Party, including the Responding Party’s relevant prior behavior, both at the University or elsewhere, including criminal convictions;
• whether the Responding Party has accepted responsibility for the conduct;
• maintenance of a safe and respectful environment conducive to learning and working;
• protection of the University community; and,
• any other mitigating, aggravating, or compelling circumstances to reach a just and appropriate resolution in each case.

1. Corrective Measures

Corrective measures that may be implemented include, but are not limited to:

• Educational Requirements. Completion of projects, programs, or requirements designed to help the Responding Party manage behavior and understand why it was inappropriate.
• “No Contact” Orders. Compliance with orders of no contact that limit access to specific University areas or forms of contact with particular persons.
• Trespass Notices. Compliance with orders by law enforcement not to enter campus property.
• Contract Adjustment or Termination. Adjusting the terms of or terminating a contract between the University and an individual(s) or entity that has been found to have violated the Policy after a thorough Inquiry.
• Denying Access to Campus Facilities or Events. Responding Parties found to have violated the Policy may be denied the ability to use campus facilities or attend/participate in campus events or programs

2. Remedies

When there has been a determination that the Responding Party has violated the Policy, the University will consider appropriate remedies, considering the findings and unique circumstances of each report. Remedies are measures taken to address the effects of the conduct on the Reporting Party, restore the Reporting Party’s safety and well-being, and maximize the Reporting Party’s educational and employment opportunities. Such remedies should seek to restore to the Reporting Party, to the extent possible, all benefits and opportunities lost as a result of the Prohibited Conduct. Remedies may include, but are not limited to, adjustment of work duties or class assignments, scheduling or recommending a review of a negative performance decision that may have resulted from the conduct that violated the Policy. The Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator will also identify remedies to address the effects of the conduct on the University community.

The Director of Equal Opportunity and Compliance or the Title IX Coordinator will consider the appropriateness of remedies, including protective measures, on an ongoing basis to assure the safety and well-being of the parties throughout the process. Long-term remedies may include extending or making permanent any Interim Measures or implementing additional measures tailored to achieve the goals of the Policy, including but not limited to academic accommodations, short term counseling, and modifications to employment arrangements. The Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator will, in all cases, consider whether there is a need for additional or extended remedies.

Report and Response Coordinators in the Equal Opportunity and Compliance Office will be available to all parties throughout the resolution process and after its conclusion to connect the parties with on and off campus resources and explore or continue any Interim Measures that may be available and appropriate.

IV. Additional Considerations

A. Retaliation

As outlined in Section IV.D.2. of the Policy and the UNC Whistleblower Policy, acts of retaliation are prohibited by the University and may result in disciplinary action. Retaliation is any adverse action or attempted action that would discourage a reasonable person from engaging in protected activity. Protected activity includes an individual’s actual or perceived:

1. participation in the reporting, investigation, or resolution of an alleged violation of this Policy;
2. opposition to policies, practices, or actions that the individual reasonably believes are in violation of the Policy; or
3. requests for accommodations on the basis of religion, pregnancy or related medical conditions, or disability.

Retaliation may include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation includes maliciously and purposefully interfering with, threatening, or damaging the academic or professional career of another individual, before, during, or after the resolution of a report of misconduct under this Policy.

Retaliation may be found even when an investigation determines there is insufficient evidence to substantiate the original report. Reports made in good faith, even if the allegations are ultimately determined to be unsubstantiated, are not considered retaliation. Reports found to have been made frivolously or in bad faith may constitute retaliation and/or may be considered in the sanctioning process if an individual is otherwise found responsible for a violation of the Policy. Retaliation may be committed by the Responding Party, the Reporting Party, or any other individual or group of individuals.

During the investigation and resolution of alleged violations of this Policy, reasonable steps will be taken to protect the Reporting Party, the Responding Party, and other participants in the reporting, investigation, and resolution process from Retaliation. Any individual who engages in Retaliation or authorizes, instructs, or permits others to engage in retaliation on their behalf will be subject to prompt and appropriate disciplinary action. Individuals who have a concern about potential or actual Retaliation should contact the Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator for assistance in addressing the concern. If the concern about Retaliation involves the Director of Equal Opportunity and Compliance or the Title IX Compliance Coordinator, an individual may contact the Vice Chancellor for Human Resources and Equal Opportunity and Compliance.

B. Role of the Support Person, Attorney, and Non-Attorney Advocate

To the extent permitted by law and subject to some limitations, throughout the process conducted by the Equal Opportunity and Compliance Office, any participant may have a Support Person, Attorney, or Non-Attorney Advocate of their choice present at any meeting related to resolution of a report under the Policy.⁵ A party’s inclusion of a Support Person, Attorney, or Non-Attorney Advocate is at the sole initiative and expense of the party.

The parties must provide five (5) business days advance notice to the staff member hosting the meeting (unless the meeting is called on shorter notice) of the name and relationship of any individual who will accompany them to a meeting so that all parties are aware of who will be present at any meeting.

Support Person: A Reporting Party and Responding Party may choose to be assisted by a Support Person of their choice. A Support Person is someone who can provide emotional, logistical, or other kinds of assistance. The Support Person is a non-participant who is present to assist a Reporting Party or Responding Party by taking notes, providing emotional support and reassurance, organizing documentation, or consulting directly with the party in a way that does not disrupt or delay the proceeding. The Support Person cannot be a fact witness or provide testimony in the proceedings and may not be a University employee who works in the same unit as either party.

Attorney or Non-Attorney Advocate: A Reporting Party and a Responding Party may, at their own initiative and expense, be assisted by an Attorney or Non-Attorney Advocate. To the extent permitted by law and subject to some limitations, the Attorney or Non-Attorney Advocate may accompany the party to investigative, administrative, or adjudicative meetings or proceedings under the Policy.

In order for an Attorney or Non-Attorney Advocate to participate in an investigative, administrative, or adjudicative meeting or proceeding, the Reporting Party or Responding Party must complete and submit a form authorizing the Attorney or Non-Attorney Advocate to receive information or documents regarding the party, and the Reporting Party or Responding Party and their Attorney or Non-Attorney Advocate must submit an additional informational form. These forms must be submitted to the Equal Opportunity and Compliance Office no later than five (5) business days prior to the meeting or proceeding (unless the meeting is called on shorter notice). The University, its officials, and the members of the Equal Opportunity and Compliance Office will communicate and correspond directly with the party. It is the party’s responsibility to communicate and share information with the Attorney or Non-Attorney Advocate.

The University will prioritize the availability of the parties, witnesses, and University officials assigned to the matter when determining the date and time for the meeting or proceeding. A party’s Support Person, Attorney, Non-Attorney Advocate may not delay, disrupt, or otherwise interfere with the hearing procedures.

C. External Agreements

The University will not recognize or enforce agreements between the parties outside of these procedures. The University will recognize, however, a lawfully issued protective order under North Carolina law.

V. Endnotes

1. Consistent with the Policy on Prohibited Discrimination, Harassment, and Related Misconduct, a third party is an individual who is not considered a student or an employee of the University.

2. Please refer to the Policy on Prohibited Discrimination, Harassment and Related Misconduct for definitions

3. The Response Team is responsible for the consistent application of the Policy. Members of the Response Team can help any University community member understand the Policy and the options for resolving concerns raised under this Policy in academic or work settings at the University. The Response Team will protect and safeguard the privacy of all individuals involved in a manner consistent with the need for a careful assessment of and response to the report. The Response Team will consist of a small “need to know” number of individuals.

4. For more information about employee grievance processes:

• Faculty Grievance Committee
• Procedures for the Faculty Grievance Committee
• UNC Office of Human Resources, Dispute Resolution & Grievances

5. The implementing regulations of the Violence Against Women Act, 34 CFR Part 668, require Reporting and Responding Parties to have the opportunity to be accompanied by an advisor of their choice in any disciplinary proceeding or related meeting in cases of Interpersonal Violence, Sexual Violence, or Stalking. However, applicable University policies and procedures may restrict the extent of the advisor’s participation in the proceedings if the restrictions apply equally to both parties. Certain employee grievance processes that are available to appeal the results of an Investigation by the Equal Opportunity and Compliance Office may limit the attendance of a Support Person, Attorney, or Non-Attorney Advocate in cases that are not governed by the Violence Against Women Act.

For more information about employee grievance processes:

• Faculty Grievance Committee
• Procedures for the Faculty Grievance Committee
• UNC Office of Human Resources, Dispute Resolution & Grievances