Procedures for Addressing Misconduct Involving a Carolina Community Academy Student as a Reporting or Responding Party

Title

The University of North Carolina at Chapel Hill Procedures for Addressing Misconduct Involving a Carolina Community Academy Student as a Reporting or Responding Party   

Purpose

The University of North Carolina at Chapel Hill ("UNC-Chapel Hill" or "University") is committed to providing an inclusive and welcoming environment for all members of our community. The University values safety, diversity, education, and equity and is firmly committed to maintaining an environment free from Sexual Harassment. The Policy on Prohibited Discrimination, Harassment, and Related Misconduct (“PPDHRM”) and the Policy on Prohibited Sexual Harassment under Title IX (“Title IX Sexual Harassment Policy”) are grounded in federal law, including but not limited to Title IX of the Education Amendments Act of 1972 (“Title IX”), the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973. Title IX governs the University’s response to Sexual Harassment, including Sexual Assault, Dating Violence, Domestic Violence, and Stalking, as defined in the Title IX Sexual Harassment Policy. Such acts violate the essential dignity of our community members and are contrary to our institutional values. These Procedures set out the processes for addressing reports under the Title IX Sexual Harassment Policy and the PPDHRM. 

Members of the University community can find additional information about resources and confidential support options in the PPDHRM and on the Safe at UNC website. 

Scope

These Procedures provide for the prompt and equitable response to reports of prohibited discrimination, harassment, and related misconduct, as defined in the PPDHRM and Title IX Sexual Harassment Policy.  

These Procedures apply to reports of misconduct under the PPDHRM or the Title IX Sexual Harassment Policy involving a Carolina Community Academy (“CCA”) Student as the Reporting or Responding Party.  These Procedures apply to conduct within the jurisdictional scope of the PPDHRM or the Title IX Sexual Harassment Policy. 

Procedures

I. Title IX Coordinator 

The University has designated and authorized a Title IX Coordinator to coordinate its efforts to comply with its responsibilities under 34 C.F.R. Part 106. The University will notify applicants for admission and employment, students, employees, contractors, and vendors of the name and title, office address, electronic mail address, and telephone number of the Title IX Coordinator. 

The University’s Title IX Coordinator is: 

Elizabeth Hall 
Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator 
214 W. Cameron Ave., 2nd Floor 
Chapel Hill, NC 27599 
elizabeth.hall@unc.edu 
919-445-1297 

Any person, including a parent or legal guardian on behalf of their minor child, may report misconduct under the PPDHRM or the Title IX Sexual Harassment Policy to the Title IX Coordinator or designee in person, by mail, by telephone, by electronic mail, or by any other means that results in the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee receiving the person’s verbal or written report. Such a report may be made regardless of whether the person reporting is the person alleged to be the victim of conduct that could constitute Prohibited Conduct under the PPDHRM or the Title IX Sexual Harassment Policy. Reports may be made at any time, including during non-business hours, by using the contact information listed above. 

II. Response to a Report of Prohibited Conduct 

Upon receipt of a report of Prohibited Conduct under the PPDHRM or Title IX Sexual Harassment Policy, the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee will promptly contact the Reporting Party to: 

  • Discuss the availability of Supportive Measures; 
  • Determine the Reporting Party’s wishes with respect to Supportive Measures; 
  • Inform the Reporting Party of the availability of Supportive Measures regardless of whether a Formal Complaint is filed; and 
  • Explain to the Reporting Party the process for filing a Formal Complaint of Prohibited Conduct under the PPDHRM or the Title IX Sexual Harassment Policy. 

Mandatory Reporting of Child Abuse or Neglect:  

 As a matter of University policy and North Carolina state law, any individual who reasonably suspects that a minor has experienced child abuse, neglect or violent offense (per G.S. 14-318.6) by a parent, guardian, caretaker, peer, non-custodial adult or an employee has an absolute obligation to report that suspicion to: 

  1. the appropriate local law enforcement agency in the county where the juvenile resides or is found;  
  2. Child Protective Services, when required by state law and/or instructed to by law enforcement; and 
  3. the UNC-Chapel Hill Protection of Minors Coordinator. 

Additional information regarding suspected child abuse or neglect may be found in the University's Policy on Protection of Minors.  

III. Formal Complaint 

The resolution process begins with the filing of a Formal Complaint with the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee. 

A. Filing a Formal Complaint 

The resolution process begins with the filing of a Formal Complaint with the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee.

A Reporting Party or their parent or legal guardian on their behalf may file a Formal Complaint with the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee in person, by mail, or by electronic mail using the contact information above. A Reporting Party is not required to file a Formal Complaint in order to access Supportive Measures. A Reporting Party may discuss Supportive Measures and the resolution process before deciding whether and how to file a Formal Complaint. A Formal Complaint must contain the Reporting Party’s (or their parent or legal guardian on their behalf) physical or digital signature or otherwise indicate that the Reporting Party is the person filing the Formal Complaint. 

B. Dismissal of a Formal Complaint

A Formal Complaint may be dismissed during the resolution process on certain grounds.

A Formal Complaint will be dismissed if the conduct reported in the Formal Complaint:

  • Would not constitute Prohibited Conduct under the PPDHRM or Title IX Sexual Harassment Policy, even if proved; or
  • Alleges conduct that does not fall within the jurisdiction of either policy.

A Formal Complaint may be dismissed, in whole or in part, in the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator’s discretion, if:

  • A Reporting Party notifies the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee, in writing, that the Reporting Party would like to withdraw the Formal Complaint, in whole or in part;
  • The Responding Party is no longer enrolled in or employed by the University/CCA; or
  • Specific circumstances prevent the University from gathering evidence sufficient to reach a determination about the Formal Complaint.

After dismissing a Formal Complaint, the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee will send written notice of the dismissal and the reason(s) for dismissal simultaneously to the parties within five (5) business days.

C. Appeal from Dismissal of a Formal Complaint

Either party may appeal from the dismissal, in whole or in part, of a Formal Complaint on the following bases:

  • Procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time the determination regarding dismissal was made that could affect the outcome of the matter; and/or
  • The Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator, investigator(s), or Decision Maker had a conflict of interest or bias for or against Reporting Parties or Responding Parties generally or the individual Reporting Party or Responding Party that affected the outcome of the matter.

Appeals must be submitted in writing to a Report and Response Coordinator or other designated individual in the Equal Opportunity and Compliance Office within five (5) business days of the notice of dismissal of the Formal Complaint. The appeal must consist of a plain, concise, and complete written statement specifically identifying both the procedural irregularity, new evidence, and/or conflict of interest and the effect on the outcome of the matter. Receipt of the written appeal will be acknowledged in writing.

Upon receipt of the appeal, the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee will forward the appeal to the Appeals Officer. The Appeals Officer is an impartial decision-maker drawn from a pool of qualified, trained individuals.

The Appeals Officer will assess the appeal to determine whether it is timely filed and, if so, whether the appeal satisfies one or more of the permitted bases for appeal. If the Appeals Officer determines that the appeal does not satisfy one or more of the permitted bases, the appeal will be denied. The Appeals Officer will render the decision regarding whether the appeal is properly filed within five (5) business days of receiving the appeal. The decision will be communicated to both parties simultaneously.

If the appeal is properly filed, the other party will be given the opportunity to review the written appeal and respond to it in writing to the Appeals Officer. Any response by the opposing party must be submitted to the Appeals Officer within five (5) business days from the date on which the appeal was transmitted. If both parties file an appeal, the appeal documents from each party will be considered together in one appeal review process.

In any request for an appeal, the burden of proof lies with the party requesting the appeal, because the determination regarding dismissal of all or part of a Formal Complaint will be presumed to have been decided reasonably and appropriately. Appeals are not a rehearing of the matter. The scope of the appeal will be limited only to the stated permissible bases that have been accepted for review. In most cases, appeals are confined to a review of the written documentation or record of the original determination regarding dismissal and pertinent documentation regarding the grounds for appeal. The Appeals Officer may speak to the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator, investigator(s), the Decision Maker, or the parties, as appropriate. Each party will have an equal opportunity to speak with the Appeals Officer in the event the Appeals Officer decides to speak with a party.

Depending on the basis of the requested appeal, the Appeals Officer may:

  • Affirm the Outcome; or
  • Return the matter to the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee for resolution through the process detailed in Section 4 of these Procedures

IV. Resolution of a Formal Complaint

Following receipt of a Formal Complaint, the University will initiate a prompt, thorough, and impartial resolution process. Both forms of resolution – informal and formal – require submission of a Formal Complaint.

A. Time Frames

The time frame for completion of required actions under this resolution process may be extended for good cause as necessary to ensure the integrity and completeness of the investigation, to comply with a request by law enforcement, to accommodate the availability of witnesses, to account for University or CCA breaks or pre-approved leave, to account for the complexities of an investigation (e.g., the number of witnesses, the volume of information provided by the parties), or to address other legitimate reasons. Any extension of a time frame, and the reason for the extension, will be shared with the parties in writing. Best efforts will be made to complete the resolution process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

B. Informal Resolution

Informal resolutions may be facilitated by the University to resolve a Formal Complaint at any time prior to reaching a determination regarding responsibility. Informal resolutions do not involve a full investigation and adjudication. Parties must voluntarily consent to the informal resolution process in writing before it can proceed. If an informal resolution is elected by the parties and is deemed appropriate by the University, the parties will be provided written notice of the informal resolution process, containing the following:

The reported conduct;

  • The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations;
  • A provision that any party has the right to withdraw from the informal resolution process and resume the formal resolution process of the Formal Complaint at any time prior to agreeing to a resolution; and
  • Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.

Informal resolutions will be conducted consistent with the University’s Procedures for Reporting and Responding to Complaints of Discrimination, Harassment, and Related Misconduct Involving a University Student as the Responding Party or Procedures for Reporting and Responding to Complaints of Discrimination, Harassment, and Related Misconduct Involving a University Employee as the Responding Party, as appropriate.

Information about forms of informal resolution and timelines may be found in those Procedures.

Informal resolution processes will not be used to resolve reports that an employee sexually harassed a student.

C. Formal Resolution

The formal resolution process will consist of two phases: the investigation phase and the decision phase.

In all phases of the formal resolution process, the parties will be provided an equal opportunity to present fact and expert witnesses and inculpatory and exculpatory evidence and, for minor parties, to be accompanied by their parent or legal guardian. The parties also will be provided an equal opportunity to have an Advocate of their choice in any meeting related to or portion of the formal resolution process. No party will be restricted from discussing the reported conduct under investigation or from gathering and presenting relevant evidence.

Any person whose participation is invited or expected in an investigative interview or other meeting related to the formal resolution process will be provided written notice of the date, time, location, participants, and purpose of the meeting with sufficient time for the individual to prepare to participate.

Throughout the formal resolution process, there is a presumption that the Responding Party is not responsible for the reported conduct unless and until a determination regarding responsibility is made at the conclusion of the formal resolution process.

The burden of proof and the burden of gathering evidence sufficient to reach a determination of responsibility rest on the University and not on the parties. The University will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains the party’s voluntary, written consent to do so. Similarly, no person will be required to provide, and the Decision Maker will not allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

The formal resolution process will begin with written notice to the parties. The University will provide written notice of the investigation to parties who are known generally within five (5) business days of receipt and review of a Formal Complaint, confirmation from the Reporting Party of the intent to proceed with an investigation and/or sufficient information for the University to determine whether the complaint meets the jurisdictional requirements of this Policy.

The written notice of the investigation will include the following information:

  • Notice of the University’s process for resolving reports of Prohibited Conduct under the PPDHRM Policy or Title IX Sexual Harassment Policy, including any available informal resolution processes;
  • Notice of the allegations of Prohibited Conduct, including, if known, the following:
    • The identities of the parties involved in the incident;
    • A summary of the conduct reportedly constituting Prohibited Conduct; and
    • The approximate date and location of the reported incident;
  • Information about the range of potential sanctions under the relevant policy, including, where appropriate, notification that expulsion is a possible sanction for a student Responding Party;
  • Information about the parties’ rights and responsibilities, including the following:
    • The right of parents or legal guardians to accompany their minor child to any meeting conducted under these procedures and to act on behalf of their minor child with respect to any action under these procedures;
    • That the Responding Party is presumed not responsible for the reported conduct and that a determination regarding responsibility is made at the conclusion of the resolution process;
    • That the parties may have an Advocate of their choice, who may be, but is not required to be, an attorney;
    • That minor parties may have their parent or legal guardian present in addition to an Advocate of their choice;
    • That the parties and their Advocate may inspect and review evidence obtained as part of the investigation that is directly related to the allegations contained in the Formal Complaint;
    • That it is a violation of the University’s PPDHRM to knowingly make false statements or knowingly submit false information during the resolution process; and
    • That Retaliation is expressly prohibited

The written notice of investigation will be provided with sufficient time to prepare a response before any initial interview.

The written notice of investigation may be amended, with written notice to the parties.

1. Investigation

The Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee will assign investigator(s) who have appropriate training and experience investigating allegations of Prohibited Conduct. The investigator(s) will gather information regarding the alleged conduct and will prepare an investigative report summarizing all evidence obtained as part of the investigation that is relevant to the allegations raised in the Formal Complaint. The investigator(s) will use best efforts to complete the investigation within sixty (60) business days from the issuance of the written notice of investigation. As with all time frames in this resolution process, this time frame may be extended for good cause with notice to the parties in writing.

Prior to the completion of the investigative report, the parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations contained in the Formal Complaint. Such evidence includes the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence, regardless of the source, so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. The Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee will send to each party and the party’s Advocate, if any, the evidence subject to inspection and review in an electronic or hard copy format.

After review of the evidence, the parties may, but are not required to, submit a response to the investigator(s) in writing identifying any gaps in the evidence collected or any additional relevant facts or witnesses and making any statements regarding the relevance of evidence collected.

After receiving the parties’ written responses or after the lapse of ten (10) business days without receipt of such responses, the investigator(s) will consider any written response(s) and create an investigative report, which will fairly summarize the relevant evidence.

The Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee will send to each party and the party’s Advocate, if any, the investigative report in an electronic or hard copy format for their review and written response.

2. Decision Phase

Upon receipt of the investigation report the parties will have ten (10) business days to review the investigation report and submit comments to the Decision Maker.

The Decision Maker is an impartial individual assigned to review all relevant information provided and make a determination regarding whether the Responding Party violated the PPDHRM or Title IX Sexual Harassment Policy. The determination cannot be made by the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or the investigator(s).

Concurrent with the time period to submit comments to the Decision Maker, the parties may submit written, relevant questions that the party wants asked of any party or witness. Parties must submit such questions to the Decision Maker within five (5) business days of receiving the investigation report. The Decision Maker will send the proposed relevant questions to the appropriate party or witness, who will have five (5) business days to send written responses to the Decision Maker. The Decision Maker will provide each party with the answers to the questions posed and will allow two (2) business days for additional, limited follow-up questions from each party, which may not be duplicative and may only address new information raised in the responses. During the question-and-answer period, the Decision Maker may also submit relevant questions to any party or witness and must share responses to such questions with all parties.  

The Decision Maker must explain to the party proposing the questions any decision to exclude a question as not relevant.

Questions and evidence about a Reporting Party’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence:

  1. are offered to prove that someone other than the Responding Party committed the conduct alleged, or
  2. concern specific incidents of prior sexual behavior between the Reporting Party and the Responding Party and are offered to prove consent.

The Decision Maker cannot draw an inference about the determination regarding responsibility based solely on a party or witness’s absence or refusal to answer questions.

3. Determination Regarding Responsibility

The determination regarding responsibility will be made by the Decision Maker after reviewing all relevant information submitted, including the investigation report and responses to questions. Within ten (10) business days of the conclusion of the opportunity to submit comments and the question and answer period, the Decision Maker will make a determination of responsibility using the preponderance of the evidence standard and will issue a written determination regarding responsibility.

In reaching the determination regarding responsibility, the Decision Maker will objectively evaluate all relevant evidence – both inculpatory and exculpatory. The Decision Maker will not make credibility determinations that are based on a person’s status as Reporting Party, Responding Party, or witness.

The written determination will include the following:

  • Identification of the reported conduct potentially constituting Prohibited Conduct;
  • A description of the procedural steps taken from receipt of the Formal Complaint through the determination, including any notices to the parties, interviews with the parties and witnesses, site visits, and methods used to gather other evidence;
  • Findings of fact supporting the determination;
  • Conclusions regarding the application of the relevant policy to the facts;
  • A statement of and rationale for the result as to each instance of reported conduct, including a determination regarding responsibility, any disciplinary sanctions imposed on the Responding Party;
  • Whether remedies will be provided to the Reporting Party; and
  • The University’s procedures and permissible bases for the parties to appeal, including the time frame for submitting an appeal and the name of the Appeals Officer who will be assigned to review any appeal filed.

The written determination will be provided to the parties simultaneously.

D. Appeals

Either party may appeal from the determination regarding responsibility and/or from the determination regarding sanction(s) on the following bases:

  • Procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably available at the time of the determination regarding responsibility or sanction(s) was made that could affect the outcome of the matter; and/or
  • The Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator, investigator(s), or Decision Maker had a conflict of interest or bias for or against Reporting Parties or Responding Parties generally or the individual Reporting Party or Responding Party that affected the outcome of the matter.

Appeals must be submitted in writing to a Report and Response Coordinator or other designated individual in the Equal Opportunity and Compliance Office within five (5) business days of the determination regarding responsibility. The appeal must consist of a plain, concise, and complete written statement specifically identifying both the procedural irregularity, new evidence, and/or conflict of interest and the effect on the outcome of the matter. Receipt of the written appeal will be acknowledged in writing.

Upon receipt of the appeal, the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee will forward the appeal to the Appeals Officer. The Appeals Officer is an impartial decision-maker drawn from a pool of qualified, trained individuals.

The Appeals Officer will assess the appeal to determine whether it is timely filed and, if so, whether the appeal satisfies one or more of the permitted bases for appeal. If the Appeals Officer determines that the appeal does not satisfy one or more of the permitted bases, the appeal will be denied. The Appeals Officer will render the decision regarding whether the appeal is properly filed within five (5) business days of receiving the appeal. The decision will be communicated to both parties simultaneously.

If the appeal is properly filed, the other party will be given the opportunity to review the written appeal and respond to it in writing to the Appeals Officer. Any response by the opposing party must be submitted to the Appeals Officer within five (5) business days from the date on which the appeal was transmitted. If both parties file an appeal, the appeal documents from each party will be considered together in one appeal review process.

In any request for an appeal, the burden of proof lies with the party requesting the appeal, because the determination regarding responsibility will be presumed to have been decided reasonably and appropriately. Appeals are not a rehearing of the matter. The scope of the appeal will be limited only to the stated permissible bases that have been accepted for review. In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the grounds for appeal. The Appeals Officer may speak to the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator, investigator(s), the Decision Maker, or the parties, as appropriate. Each party will have an equal opportunity to speak with the Appeals Officer, in the event the Appeals Officer decides to speak with a party.

Depending on the basis of the requested appeal, the Appeals Officer may:

  • Affirm the Outcome; or
  • Return the matter to the Associate Vice Chancellor of Equal Opportunity and Compliance/Title IX Coordinator with instructions for additional proceedings

The Appeals Officer will render a written decision on the appeal within fifteen (15) business days from the date of the submission of all appeal documents. The decision will be communicated to both parties simultaneously. Appeal decisions by the Appeals Officer are final. Separate from this resolution process, employees may have grievance processes available to them in certain circumstances set forth in state and UNC System human resources policies for certain employee classifications.

As in all other stages, all designated time frames for appeals may be extended for good cause as necessary to ensure the integrity and completeness of the review. Such extension will be communicated simultaneously to both parties in writing. The determination regarding responsibility becomes final either on the date that the University provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

V. Sanctions

The policies prohibit a range of behaviors that are serious in nature. In keeping with the University’s commitment to fostering an environment that is safe, inclusive, and free from discrimination, harassment, and related misconduct, the Policy authorizes the Decision Maker to work with the Principal or other administrators as appropriate to impose sanctions, disciplinary actions, and corrective measures tailored to the circumstances of each report. Specifically, these sanctions, disciplinary actions, and corrective measures are designed to:

  1. address the effects of the misconduct on the Reporting Party and the school community;
  2. hold the Responding Party accountable for the conduct committed; and
  3. eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects.

The sanctions, disciplinary actions, and corrective actions the University imposes may include educational, restorative, rehabilitative, and/or punitive components. Some behavior, however, is so harmful to the educational process and/or the work environment that it requires severe sanctions or disciplinary action.

In determining the appropriate course of action, the decision maker will consider the following factors:

  • the nature and violence of the conduct at issue;
  • the ages of the parties;
  • the effects of the conduct on the Reporting Party;
  • the effects or implications of the conduct on the educational mission, work environment, the community, or the CCA;
  • whether the conduct involved an abuse of power or authority;
  • prior misconduct by the Responding Party, including the Responding Party’s relevant prior discipline history, both at the school 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 school community; and
  • any other mitigating, aggravating, or compelling circumstances to reach a just and appropriate resolution in each case.

All similarly situated Responding Parties must be treated equally when applying these factors.

A. Disciplinary Action for Students

The Decision Maker will recommend to the Principal appropriate disciplinary consequences for substantiated Prohibited Conduct in accordance with the goals and factors listed above. Disciplinary actions may range from behavior improvement plans up to and including long-term suspension. Students subject to disciplinary actions will be afforded all due process rights in accordance with applicable state and federal law.

B. Disciplinary Action for Employees

When the Decision Maker determines that an employee Responding Party has violated the PPDHRM or Title IX Sexual Harassment Policy, disciplinary action may be imposed individually or in combination with corrective measures. There are several types of disciplinary actions for employees, which may include the actions described below. The terminology, process, and requirements applicable to disciplinary actions may differ among the different categories of employees, and those details may be found in the disciplinary action policies specific to each category of employee.

Dismissal/Discharge: Termination of employment with the University.

  • Suspension without Pay for a specific period of time.
  • Demotion of rank or position and/or reduction in compensation.
  • Written Warning/Letter of Reprimand: An official reprimand letter placed in the employee’s file giving the employee notice that any subsequent violation of University policies will carry more serious disciplinary actions and/or requiring the employee to participate in or adhere to other non-disciplinary corrective measures.

C. Corrective Measures for Students and Employees

The Decision Maker, in collaboration with appropriate administrators, may also consider corrective measures that are not sanctions or disciplinary actions, but are designed to promote a safe and non-discriminatory educational and work environment. Such measures may focus on educational and restorative principles that allow a Responding Party or other individuals to develop insight about the relationship between certain behaviors and the prohibitions set out in the policies, learn about the effects of the behavior on the Reporting Party and the community, and identify how to prevent or change the behavior.

In some circumstances, even if the Decision Maker has found that the Responding Party did not violate the applicable policy, the Equal Opportunity and Compliance Office may require training or education for the Responding Party, other individuals involved, or for an entire department, unit, or class.

VI. Remedies

When there has been a determination that the Responding Party has violated a policy, the University will consider appropriate remedies, based upon the findings and unique circumstances of each report. Remedies are measures taken to restore and preserve the Reporting Party’s equal access to educational programs, employment opportunities, or activities by addressing the effects of the conduct on the Reporting Party. Remedies 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 or class assignments, location, education to the community, and/or enhanced safety measures. Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Responding Party.

The Associate Vice Chancellor of Equal Opportunity and Compliance/Title IX Coordinator or designee will identify long-term or permanent remedies for the Reporting Party and address any effects of the conduct on the school community. The Associate Vice Chancellor of Equal Opportunity and Compliance/Title IX Coordinator or designee will consider the appropriateness of remedies, including Supportive 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 Supportive Measures or implementing additional measures tailored to achieve the goals of the policies. Many of the remedies and supports that a Reporting Party might need after a finding of responsibility will have already been provided during the resolution process. The Associate Vice Chancellor of Equal Opportunity and Compliance/Title IX Coordinator or designee will, in all cases, consider whether there is a need for additional or extended remedies. The Associate Vice Chancellor of Equal Opportunity and Compliance/Title IX Coordinator or designee, in collaboration with the Principal, is responsible for effective implementation of any 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 resources and explore or continue any Supportive Measures that may be available and appropriate.

VII. Retaliation 

During the investigation and resolution of alleged violations of the policies, 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 as defined in the PPDHRM, subject to the following additional provisions:

  • For purposes of the Title IX Sexual Harassment Policy, Protected Activity also includes refusing to participate in any manner in an investigation, proceeding, or hearing under these Procedures.
  • Retaliation may include charges against an individual for Code of Conduct violations that do not involve sex discrimination or Title IX Sexual Harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX.
  • Charging an individual with a Code of Conduct violation for making a materially false statement in bad faith in the course of the resolution process does not constitute Retaliation. However, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Any individual who engages in Retaliation or who 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 Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee for assistance in addressing the concern. If the concern about Retaliation involves the Associate Vice

Chancellor for Equal Opportunity and Compliance/Title IX Coordinator, an individual may contact the Vice Chancellor for Human Resources and Equal Opportunity and Compliance. Complaints alleging Retaliation related to reports of Title IX Sexual Harassment or PPDHRM may be filed according to the resolution process set out in these Procedures.

VIII. Confidentiality

The University must keep confidential the identity of any individual who has made a report or complaint of Prohibited Conduct, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment; any Reporting Party; any individual who has been reported to be the perpetrator of sex discrimination; any Responding Party; and any witness. This obligation may be limited by applicable law, subpoena, or court order, or as required to carry out the conduct of any investigation or hearing under these Procedures.

IX. Requirements for Resolution Process Participant

A. University Participants

The Associate Vice Chancellor of Equal Opportunity and Compliance/Title IX Coordinator, investigator(s), and any individuals designated by the University as a decision-maker in the formal resolution process, including any appeals under this process, or facilitator of an informal resolution process, must not have a conflict of interest or bias for or against Reporting Parties or Responding Parties generally or an individual Reporting Party or Responding Party; must not rely on sex stereotypes; and must promote impartial investigations and adjudications of Formal Complaints of Prohibited Conduct.These individuals must also receive training on: the definition of Prohibited Conduct; the scope of the University’s and Carolina Community Academy’s educational program or activities; how to conduct an investigation and grievance process including appeals, and informal resolution processes as applicable; and how to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias. Decision Makers must also receive training regarding issues of relevance of questions and evidence, including when questions and evidence about the Reporting Party’s sexual predisposition or prior sexual behavior are not relevant. Investigators must also receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.

B. Advocates

Attorney or Non-Attorney Advocate: At any meeting or hearing related to the resolution of a report under the policies, the parties may be accompanied by an Advocate of their choice, who may be an attorney.

In order for an Advocate to participate in any meeting or hearing, the Reporting Party or Responding Party must complete and submit an informational form to the Associate Vice Chancellor of Equal Opportunity and Compliance/Title IX Coordinator or designee no later than five (5) business days prior to the proceedings. The University and its officials will communicate and correspond directly with the party and, in the case of minors, their parent(s) or legal guardian. It is the party’s or parent/legal guardian’s responsibility to communicate and share information with the Advocate.

The University will prioritize the availability of the parties, witnesses, and the investigator or Decision Maker or designee when determining the date and time for any meeting. Throughout the resolution process, the Advocate may fully participate in the proceeding to the same extent afforded to the party the Advocate represents.

All Advocates participating in the resolution process must conduct themselves with appropriate decorum, respect the privacy of the parties and witnesses, and may not delay, disrupt, or otherwise interfere with any other portion of the resolution process. All Advocates must also maintain confidentiality with respect to all information related to the resolution process.

X. Public Notifications and Recordkeeping

The University will make publicly available on its website the following materials:

  • Name and contact information of the Title IX Coordinator
  • The Title IX Sexual Harassment Policy and these Procedures
  • All materials used to train Title IX Coordinators, investigators, Decision Makers, Appeals Officers, other decision-makers under this resolution process, and facilitators of informal resolutions.

The University will maintain for a minimum period of seven (7) years records1 of the following:

  • Each Sexual Harassment investigation, including any determination regarding responsibility and any audio or audiovisual recording, any disciplinary sanctions imposed on the Responding Party, and any remedies provided to the Reporting Party;
  • Any appeal and results of the appeal;
  • Any informal resolution and results of that resolution; and
  • All materials used to train Title IX Coordinators, investigators, Decision Makers, Appeals Officers, other decision-makers under this resolution process, and facilitators of informal resolutions.

XI. Effective Date and Interpretation

These Procedures will apply to reports of Prohibited Conduct that reportedly occurred on or after August 29, 2022. These procedures are intended to be coextensive with applicable federal and state laws and regulations, including the May 19, 2020 Title IX Final Rule issued by the Department of Education. While the University will make good faith efforts to update these procedures to reflect any legal changes, in the event that any provision of these procedures conflict with federal or state law, including case law applicable to the University, the law will supersede such provision.

XII. Endnotes

  1. If the University’s Policy on Records Management requires records to be kept longer, the longer period will control. The Equal Opportunity and Compliance Office retains the discretion to maintain records longer than required by federal or state regulations and/or applicable records retention schedule.

Definitions

Formal Complaint: For the purposes of this procedure, a Formal Complaint is a document filed by a Reporting Party, or by a parent or legal guardian on behalf of a minor, or signed by the Title IX Coordinator alleging Prohibited Conduct against a Responding Party and requesting that the University investigate the allegation of Prohibited Conduct.

Prohibited Conduct: For the purposes of this procedure, Prohibited Conduct is conduct that is prohibited by the PPDHRM or Title IX Sexual Harassment Policy.

This procedure incorporates definitions outlined in the Policy on Prohibited Sexual Harassment under Title IX and the Policy on Prohibited Discrimination, Harassment and Related Misconduct

Related Requirements

External Regulations and Consequences

  • Title IX of the Education Amendments Act of 1972 and accompanying regulations
  • Section 304 of the 2013 Amendments to the Violence Against Women Act (VAWA)

University Policies, Standards, and Procedures

Contact Information

Primary Contacts

Inquiries or concerns about this policy or Title IX may be referred to the University’s Title IX Coordinator.

Elizabeth Hall

Associate Vice Chancellor or Equal Opportunity and Compliance/Title IX Coordinator

Equal Opportunity and Compliance Office

elizabeth.hall@unc.edu

919-445-1297

 

Concerns about the University’s application of laws covered by this Policy may be addressed to the United States Department of Education, Office for Civil Rights.

Office for Civil Rights

OCR@ed.gov

(800) 421-3481

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