Procedures for Addressing Prohibited Sexual Harassment Under Title IX

Body

Title

University of North Carolina at Chapel Hill Procedures for Addressing Prohibited Sexual Harassment Under Title IX

Introduction

Purpose

The purpose of this Procedure is to outline the process for a prompt, equitable, impartial, and effective response to reports of Title IX Sexual Harassment as defined in the Policy on Prohibited Sexual Harassment Under Title IX (“Title IX Policy").

Scope

This Procedure applies to the reporting and resolution of conduct that:

Could constitute Sexual Harassment as defined in the Title IX Policy;
Occurred in the United States;
Occurred on or after August 14, 2020;
Occurred in a location, event, or circumstance over which the University exercised substantial control at the time of the alleged conduct, including buildings owned or controlled by a student organization that are officially recognized by the University;
Involves a Responding Party over whom the University exercised substantial control at the time of the alleged conduct, including University students and employees; and
Involves a Reporting Party who was participating or attempting to participate in a University program or activity at the time of the alleged conduct.

Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Discrimination or Harassment based on Sex not meeting the definitions and/or jurisdictional requirements set out in these Procedures will be addressed under the University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct (“PPDHRM”) and accompanying Procedures.

Key Terms

Appeals Officer: an impartial decision-maker drawn from a pool of qualified, trained individuals.

EOC: the University’s Equal Opportunity and Compliance Office.

Hearing Officer: a trained and qualified individual who conducts and presides over the hearing and is charged with drafting a final determination.

Preponderance of the Evidence: an evidentiary standard that means the totality of the relevant and not otherwise impermissible evidence supports the conclusion that it is more likely than not that the Title IX Sexual Harassment occurred. If the Hearing Officer is not persuaded by the evidence that it is more likely than not that the behavior occurred, the Hearing Officer must not determine that the Title IX Sexual Harassment occurred.

Question Facilitator: an individual appointed by the University for the specific purpose of asking questions to parties and witnesses in a hearing on behalf of a party who does not otherwise have an Advocate to ask questions on their behalf. The party is responsible for drafting the questions, and the Question Facilitator will read the questions drafted by the party.

This Procedure also incorporates all defined terms in the Title IX Policy.

Resources

Safe at UNC website

Comprehensive Resource Guide

Procedures

I. Reporting Title IX Sexual Harassment to the 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., 2^nd Floor
Chapel Hill, NC 27599
elizabeth.hall@unc.edu
919-445-1297

Any person may report Sex Discrimination, including Title IX Sexual Harassment, 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 Title IX Coordinator or designee receiving the person’s verbal or written report. Such a report may be made whether or not the person reporting is the person alleged to be the victim of conduct that could constitute Sex Discrimination or Title IX Sexual Harassment. 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 Title IX Sexual Harassment

Upon receipt of a report of Title IX Sexual Harassment, the 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 Title IX Sexual Harassment, as defined in the Title IX Policy.

When appropriate, the EOC will refer the matter to the applicable campus unit(s) to undertake an individualized safety and risk analysis to determine whether there is an immediate threat to the physical health or safety of any individual arising from the allegations of Title IX Sexual Harassment that justifies a Responding Party’s removal or to determine whether other emergency action is necessary.

III. Formal Complaint

The resolution process begins with the filing of a Formal Complaint with the Title IX Coordinator or designee.

A. Filing a Formal Complaint

A Reporting Party may file a Formal Complaint with the 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 physical or digital signature or otherwise indicate that the Reporting Party is the person filing the Formal Complaint.

In the event an individual does not want to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the University. In determining whether to file a Formal Complaint, the Title IX Coordinator will consider factors including but not limited to:

The Reporting Party’s request not to proceed with a Formal Complaint;
The Reporting Party’s reasonable safety concerns relating to proceeding with a Formal Complaint;
The risk that additional acts of Title IX Sexual Harassment would occur without pursuing a Formal Complaint;
The severity of the alleged conduct, including whether the conduct, if proven, would require the removal of a Responding Party from campus or imposition of another disciplinary sanction to end the behavior and prevent its recurrence;
The age and relationship of the parties, including whether the Responding Party is an employee;
The scope of the alleged conduct, including information suggesting a pattern, ongoing behavior, or conduct alleged to have impacted multiple individuals;
The availability of evidence to assist the University in determining whether Title IX Sexual Harassment occurred; and
Whether the University could end the alleged Title IX Sexual Harassment and prevent its recurrence without initiating a 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 Sexual Harassment under Title IX, even if proved;
Did not occur in a University Educational Program or Activity; or
Was not directed against a person located in the United States.

A Formal Complaint may be dismissed, in whole or in part, in the Title IX Coordinator’s discretion, if:

A Reporting Party notifies the 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; or
Specific circumstances prevent the University from gathering evidence sufficient to reach a determination about the Formal Complaint.

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

The Title IX Coordinator or designee also will review the reported conduct to determine whether investigation or other resolution of the complaint should proceed under the PPDHRM.

C. Appeal from Dismissal of a Formal Complaint

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

Procedural error that would change the outcome;
New evidence that would change the outcome and that was not reasonably available at the time the determination was made; and/or
The Title IX Coordinator, investigator(s), or Hearing Officer 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 would change the outcome.

Appeals must be submitted in writing to a Report and Response Manager or other designated individual in the EOC within 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 error, new evidence, and/or conflict of interest and how it would change the outcome. The EOC will provide written acknowledgement of the receipt.

Upon receipt of the appeal, the Title IX Coordinator or designee will forward the appeal to the Appeals Officer. The EOC will notify the parties of the appeal in writing and will identify the Appeals Officer.

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 decide whether the appeal is properly filed within 5 business days of receiving the appeal. The decision will be communicated to both parties simultaneously in writing.

If the appeal is properly filed, the EOC will provide parties access to the written appeal, and the Appeals Officer will provide both parties a reasonable and equal opportunity to provide a written statement in support of or challenging the appeal within 5 business days from the date on which the Appeals Officer notifies the parties that the appeal is properly filed. If both parties file an appeal, the appeal documents from each party will be considered together in one appeal 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 and mere disagreement with the outcome is not a sufficient basis for altering the outcome. The appeal’s scope will be limited only to the stated permissible bases 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 or request written information from the Title IX Coordinator, investigator(s), the Hearing Officer, or the parties, as appropriate. If the Appeals Officer elects to speak with one party, the Appeals Officer will provide the other party with an equal opportunity to speak.

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

Affirm the outcome; or
Return the matter to the Title IX Coordinator or designee for resolution through the process detailed in Section IV 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. There are two types of formal resolution processes: Alternative Resolution and Formal Determination. Both forms of resolution 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 breaks or pre-approved leave, to account for the complexities of an investigation (e.g., the number of witnesses and 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. The EOC will make best efforts to complete the resolution process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

B. Alternative Resolution

Formal Complaints may be resolved through the Alternative Resolution process, as set out in the Alternative Resolution section of the Procedures for Reporting and Responding to Complaints of Discrimination, Harassment and Related Misconduct Involving a Student as the Responding Party or the Procedures for Reporting and Responding to Complaints of Discrimination, Harassment and Related Misconduct Involving an Employee as the Responding Party.

Alternative Resolution will not be used to resolve reports that an employee sexually harassed a student.

C. Formal Determination

The Formal Determination process consists of two phases: the investigation and the hearing.

In all phases of the Formal Determination process, the parties will be provided an equal opportunity to present fact and expert witnesses and inculpatory and exculpatory evidence. 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 Determination 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, hearing, or other meeting related to the Formal Determination process will be provided written notice of the date, time, location, participants, and purpose of the meeting with sufficient time for the person to prepare to participate.

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

Once the Title IX Coordinator determines a Formal Determination is appropriate, 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 Formal Determination process begins with written notice to the parties. The University will provide the written Notice of Investigation to parties who are known generally within 10 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 Notice of Investigation will include the following information:

Notice of the University’s procedures for resolving reports of Title IX Sexual Harassment;
Notice of the allegations of Title IX Sexual Harassment and sufficient information available at the time to allow the parties to respond to the allegations, including, if known, the following:
- The identities of the parties involved in the incident(s);
- A summary of the conduct reportedly constituting Title IX Sexual Harassment; and
- The approximate date and location of the reported incident(s).
Information about the range of potential sanctions, including, where appropriate, notification that termination is a possible sanction for an employee Responding Party, and/or expulsion is a possible sanction for a student Responding Party and that expulsion precludes matriculation at any University of North Carolina constituent institution;
Information about the parties’ rights and responsibilities, including the following:
- 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 Formal Determination or applicable appeal processes;
- That the parties may have an Advocate of their choice, who may be, but is not required to be, an attorney, accompany them to any meeting or proceeding;
- 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; and
- That for each requested meeting (including interviews and hearings), the EOC will provide each party sufficient time for the party to prepare to participate in the meeting;
- That prior to the determination, the parties have an equal opportunity to provide relevant and not otherwise impermissible evidence to a trained, impartial Hearing Officer; and
- That it is a violation of the PPDHRM and Honor Code to knowingly make false statements or knowingly submit false information during the resolution process.
A statement that Retaliation is prohibited and how to report incidents of Retaliation.

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

1. Information and Evidence Collection

Throughout the Formal Determination process, the following evidentiary rules will apply.

a. Relevance

The University requires the Hearing Officer for each Formal Determination to objectively evaluate all evidence that is relevant and not otherwise impermissible, as described in this section. Relevant means related to the allegations of Title IX Sexual Harassment under investigation as part of the Formal Determination process. Questions are relevant when they seek evidence that may aid in showing whether the alleged Title IX Sexual Harassment occurred, and evidence is relevant when it may aid the Hearing Officer in determining whether the alleged Title IX Sexual Harassment occurred.

Character evidence is information that does not directly relate to the facts at issue but reflects on the reputation, personality, qualities, or habits of an individual. If a party or witness offers character evidence, the Hearing Officer will evaluate the evidence for relevance and permissibility. However, character evidence is generally not relevant to the determination of whether there is a Title IX Policy violation.

Pattern evidence is evidence of an occurrence(s) of relevant behavior before, during, or after the conduct under investigation so distinctive and so closely resembling either party’s version of the alleged encounter as to tend to prove a material fact. The Hearing Officer will evaluate proposed pattern evidence by assessing whether the previous or subsequent incident was substantially similar to the conduct described in the allegations or indicates a pattern of behavior and substantial conformity with that pattern. The Hearing Officer will also evaluate offered pattern evidence for relevance and permissibility.

b. Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are impermissible and must not be considered regardless of whether they are relevant, except by the Hearing Officer to determine whether an exception applies, and will not be disclosed or otherwise be used:

Evidence that is protected under privilege as recognized by federal or state law or evidence provided to a confidential employee, unless the person whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality in writing;
A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless the University obtains that party’s or witness’s voluntary, written consent for use in the resolution process; and
Evidence that relates to the Reporting Party’s sexual interests or prior sexual conduct, unless evidence about the Reporting Party’s prior sexual conduct:
- Is offered to prove that someone other than the Responding Party engaged in the alleged conduct; or
- Concerns specific incidents of prior sexual behavior between the Reporting Party and the Responding Party and are offered to prove consent.

c. Credibility

The Formal Determination process will provide the opportunity for the Hearing Officer to question parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations. Credibility determinations must not be based on a person’s status as a Reporting Party, Responding Party, or witness.

2. Investigation

The Title IX Coordinator or designee will assign investigator(s) who have appropriate training and experience investigating allegations of Title IX Sexual Harassment. The investigator(s) will gather information regarding the alleged conduct and will prepare an investigation 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 make best efforts to complete the investigation within 60 business days from the issuance of the Notice of Investigation.

The investigator(s) will seek to speak separately with the Reporting Party, the Responding Party, and any other individuals who have information relevant to the determination of responsibility for a Title IX Policy violation. As part of the investigation, the investigator(s) may gather or receive information that is relevant to the determination of appropriate disciplinary sanctions, corrective measures, or remedies, including information about the impact of the alleged incident on parties.

The investigator(s) will also gather any available physical or documentary evidence that is relevant to the determination of responsibility under the Title IX Policy, including prior statements by the parties or witnesses, communications between the parties, email messages, social media materials, text messages, and other records as appropriate and available.

Prior to the completion of the investigation 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 Title IX Coordinator or designee will send each party and the party’s Advocate, if any, the evidence subject to inspection and review in a download-restricted electronic 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 10 business days without receipt of such responses, the investigator(s) will consider any written response(s) and create an investigation report, which will fairly summarize the relevant evidence.

The Title IX Coordinator or designee will send each party and the party’s Advocate, if any, the investigation report in a download-restricted electronic format for their review and written response. The investigation report will be sent at least 10 business days prior to a hearing.

At the conclusion of the investigation phase, the EOC will send a Pre-Hearing Notice to the parties, outlining the date of the hearing, the identity of the Hearing Officer, and relevant procedural information.

3. Hearings

Decisions regarding responsibility will be made by a Hearing Officer after a live hearing. A hearing will provide the parties an equal opportunity to present and question relevant and not otherwise impermissible evidence in front of a Hearing Officer who will make a determination as to whether the Responding Party engaged in Title IX Sexual Harassment in violation of the Title IX Policy. The Hearing Officer will have access to the evidence collected in the investigation and the final investigation report.

a. Hearing Officer

A Hearing Officer is an impartial and appropriately trained individual designated by the University to conduct the hearing, review all relevant and not otherwise impermissible evidence gathered in the investigation and presented in the hearing, and make a determination as to whether Title IX Sexual Harassment occurred. A Hearing Officer may decline to participate, or the parties may request a different Hearing Officer, on the basis of a conflict of interest or bias for or against Reporting Parties or Responding Parties generally or the individual Reporting Party or Responding Party that would change the outcome of the matter. The parties must submit the request in writing to the EOC no later than 5 business days after receipt of the Pre-Hearing Notice and must clearly state the grounds to support a claim of bias or conflict of interest.

b. Notice of Hearing

The Hearing Officer will send a Notice of Hearing to the parties and the investigator(s) promptly after identifying the hearing date. The Notice of Hearing will outline:

the hearing date, location, and other logistical details;
information about the Hearing Officer and their role;
details about the prehearing meeting, including date and topics;
information about the role of a Support Person and Advocate;
hearing protocols, including questioning, decorum standards, and expectations;
information about deadlines and procedures related to the hearing; and
any other relevant information related to the hearing process.

c. Time Frame

Hearings will generally be conducted within 30 business days, but not less than 10 business days, of the Pre-Hearing Notice.

Any legal or procedural challenge should be submitted to the EOC in writing no later than 10 business days prior to the Hearing.

The Hearing Officer will provide the parties with reasonable deadlines for submissions of evidence and/or witness lists.

d. Pre-Hearing Meeting

The Hearing Officer will meet separately with each party and their Advocate to resolve pre-hearing concerns. At this pre-hearing meeting, the parties will each have the opportunity to raise any challenges. The parties will also have the opportunity to address questions about the hearing process. At this meeting, the Hearing Officer will also review expectations for hearing participants, including the Advocate and/or Support Person.

e. Advocates and Question Facilitators

Each party may be accompanied to the hearing and pre-hearing meeting by an Advocate of their choice.

If a party who chooses to participate in the hearing does not have an Advocate at the hearing to question parties or witnesses, the University will provide a Question Facilitator without fee. The Question Facilitator’s only role will be to question parties or witnesses on behalf of the party using questions drafted by the party.

f. Hearing Procedures

Hearings will be conducted in closed session. Attendance at the hearing is limited to the parties, one Advocate and/or one Support Person per party, witnesses, and necessary University staff. Hearings must be conducted live, but at the request of either party or in the discretion of the University, hearings may be conducted with the parties physically present in separate locations with technology enabling the Hearing Officer and parties to simultaneously see and hear the party or witness answering questions. The University will record the hearing by audio or audiovisual means, and the recording or transcript will be made available to the parties for review and inspection. The parties and their Advocate and/or Support Person are prohibited from recording the hearing in any manner.

Both parties will have the opportunity to provide a statement of their account related to the alleged conduct, beginning with the Reporting Party and followed by the Responding Party. Each party will then have the opportunity to present any evidence, including witnesses, beginning with the Reporting Party and followed by the Responding Party. The Hearing Officer may also call witnesses. The Hearing Officer may, in their discretion, alter this order to accommodate availability of witnesses or to otherwise avoid undue delay in the hearing.

The Hearing Officer and the parties, through their Advocate or Question Facilitator, may pose questions to any individual (including parties and witnesses) participating in the hearing. Each party’s Advocate or Question Facilitator will be permitted to ask the other party and any participating witnesses all relevant questions and follow-up questions, including those challenging credibility. This cross-examination will be conducted directly, orally, and in real time by the party’s Advocate or Question Facilitator and never by a party themselves.

Only relevant questions may be asked. Before a participant answers a question, the Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Challenges to a relevance determination may not be raised during the hearing but may be raised on appeal if a party alleges that the failure to pose a question satisfies one of the bases for appealing a hearing outcome.

The Hearing Officer may choose to place less or no weight on statements by a party or witness who refuses to respond to questions deemed relevant and not otherwise impermissible. The Hearing Officer must not draw an inference about whether Prohibited Conduct occurred based solely on a party or witness’s absence from the live hearing or refusal to answer questions.

If either party or any witness declines to participate, the Hearing Officer will consider the available evidence in determining whether the evidence establishes a violation of the Policy. Such evidence may include evidence collected as part of the investigation report, including witness statements, documents, and records, which will be presented by the investigator.

4. Determination Regarding Responsibility

The determination regarding responsibility will be made by the Hearing Officer after the hearing and cannot be made by the Title IX Coordinator or the investigator(s). Within 10 business days of the conclusion of the hearing, the Hearing Officer will make a determination of responsibility using the Preponderance of the Evidence standard and will issue a written Notice of Hearing Outcome containing the determination regarding responsibility.

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

The Notice of Hearing Outcome will include the following:

Identification of the reported conduct potentially constituting Title IX Sexual Harassment;
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, methods used to gather other evidence, and hearing(s) held;
Findings of fact supporting the determination;
Conclusions regarding the application of the University’s Title IX Policy to the facts;
A statement of and rationale for the result as to each instance of reported conduct, including a determination regarding responsibility, and 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 Notice of Hearing Outcome will be provided to the parties simultaneously.

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. Appeals

A. Grounds for Appeal

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

Procedural error that would change the outcome, including violation of due process or material deviation from the “Policy on Minimum Substantive and Procedural Standards for Student Disciplinary Proceedings" for student Responding Parties adopted by the Board of Governors, University of North Carolina Policy Manual § 700.4.1;
New evidence that would change the outcome and that was not reasonably available at the time the determination was made; and/or
The Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator, investigator(s), or Hearing Officer 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 would change the outcome.

B. How to Appeal

Appeals must be submitted in writing to a Report and Response Manager or other designated individual in the EOC within 5 business days of the Notice of Hearing Outcome. The appeal must consist of a plain, concise, and complete written statement specifically identifying both the procedural error, new evidence, and/or conflict of interest and how it would change the outcome. Receipt of the written appeal will be acknowledged in writing.

C. Appeal Procedures

Upon receipt of the appeal, the Title IX Coordinator or designee will forward the appeal to the Appeals Officer.

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 is not timely filed and/or does not satisfy one or more of the permitted bases, the appeal will be denied. The Appeals Officer will decide whether the appeal is properly filed within 5 business days of receiving the appeal. The decision will be communicated to both parties simultaneously in writing.

If the appeal is properly filed, the EOC will provide parties access to the written appeal, and the Appeals Officer will provide both parties a reasonable and equal opportunity to provide a written statement in support of or challenging the appeal within 5 business days from the date on which the Appeals Officer notifies the parties that the appeal is properly filed. The Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee may also submit a written response within 5 business days from the deadline for submission for the parties. If both parties file an appeal, the appeal documents from each party will be considered together in one appeal 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 and mere disagreement with the outcome is not a sufficient basis for altering the outcome. The appeal’s scope will be limited only to the stated permissible bases 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 or request written information from the Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator or designee, investigator(s), the Hearing Officer, or the parties, as appropriate. If the Appeals Officer elects to speak with one party, the Appeals Officer will provide the other party with an equal opportunity to speak.

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 with instructions for additional proceedings.

The Appeals Officer will notify the parties of the result of the appeal and rationale simultaneously within 15 business days from the date of the deadline for document submission.

Appeal decisions by the Appeals Officer are final with the exception of cases involving expulsion of a student. Students may refer to the Procedures for Reporting and Responding to Complaints of Discrimination, Harassment and Related Misconduct Involving a Student as the Responding Party for information about the specified grounds for appeal of these cases.

Separate from this Title IX 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 and should consult the relevant grievance policy:

VI. Sanctions

The Title IX Policy prohibits a range of behaviors that are serious in nature. In keeping with the University’s commitment to foster an environment that is safe, inclusive, and free from Title IX Sexual Harassment, the Title IX Policy authorizes the Hearing Officer 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:

address the effects of the misconduct on the Reporting Party and the University community;
hold the Responding Party accountable for the conduct committed; and
eliminate Title IX Sexual Harassment, 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, including temporary or permanent separation from the University or UNC System.

In determining the appropriate course of action, the Hearing Officer must 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 educational mission, 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 discipline history, 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.

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

A. Sanctions for Students

The University may impose sanctions on a student Responding Party, individually or in combination. Sanctions that affect a student’s status with the University include the following:

Expulsion, which must be approved by the Chancellor, means that a student is removed from the University and from the UNC System permanently and may not be re-admitted to any UNC System university unless and until the Chancellor who imposed or approved the sanction (or the Chancellor’s successor) concludes on the basis of the former student’s petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education within the UNC System.
Permanent Suspension, which must be approved by the Chancellor, means that the student is removed from good standing and must leave the University permanently without an expectation that the student may eventually return to the Chapel Hill campus. The student is not barred, however, from seeking admission to another UNC System university, if that university wishes to permit such application following disclosure of the student’s disciplinary record at UNC-Chapel Hill. Permanent suspension from the University will remain in effect until the Chancellor who imposed or approved the sanction (or the Chancellor’s successor) concludes on the basis of the former student’s petition and any supportive documentation that the individual should be given a new opportunity to pursue higher education at the University.
Suspension for a Definite or Indefinite Period means that the student is removed from good standing and must leave the University for a definite or indefinite period. This form of suspension anticipates that the student may eventually return if applicable conditions are satisfied. Academic work completed at another institution during a period in which a student is under suspension from the University may not be transferred toward the degree, but applicable health care or insurance benefits may be continued if the health insurance premium has already been paid.
Probation for a Definite or Indefinite Period, including probation with associated conditions or requirements as set by the Hearing Officer, means that a student may remain at the University but may be required to satisfy specified conditions or requirements, report regularly to a designated administrator, and be barred from holding any office or participating in any activity in which the student represents the University, including athletics or other competitive teams, or from participating in any University-recognized student organizations either within or outside the University community. The sanction of probation prohibits graduation until the period of probation has ended and the student has complied with all requirements.

Expulsion, permanent suspension, suspension for a definite or indefinite period, and probation will be noted on a student’s transcript while the sanction is in effect.

When the Hearing Officer concludes that a sanction of suspension or expulsion is appropriate, and the Responding Party has not already been removed on an emergency basis, the Title IX Coordinator or designee may submit information to the applicable threat assessment body to assess whether emergency removal, which may be referred to as a "summary suspension," or other interim conditions are warranted pending the conclusion of any appeal.

Absent the imposition of an interim suspension by the appropriate campus unit, the imposition of a sanction will be deferred pending the conclusion of any appeal. Supportive Measures in effect for the parties will continue pending the conclusion of any appeal, as appropriate.

B. Disciplinary Action for Employees

When the Hearing Officer determines that an employee Responding Party has violated the Title IX Policy, disciplinary action may be imposed exclusively or in combination with corrective measures. There are several types of disciplinary actions for employees, which may include, but are not limited to, the actions described below, to the extent permitted by applicable employee disciplinary procedures. 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: suspension of employment for a specific period of time.
Demotion: a decrease in rank and/or 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 Hearing Officer 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 Title IX Policy, learn about the effects of the behavior on the Reporting Party and the community, and identify how to prevent or change the behavior.

Such corrective measures include, but are not limited to:

Educational Requirements: completion of training, 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.
Adjustment of Work Duties: reassignment of job duties, responsibilities, supervision, schedule, or location that does not entail a demotion of rank or position and/or reduction in pay.
Housing Restrictions: Exclusion from University housing or changes in housing assignment.

In some circumstances, even if the Hearing Officer has found that the Responding Party did not violate the Title IX Policy, the EOC may require training or education for the Responding Party, other individuals involved, or for an entire department or unit.

VII. Remedies

When the University determines that the Responding Party has violated the Title IX Policy, the EOC will consider appropriate remedies, based upon the findings and unique circumstances of each report. Remedies are measures taken, as appropriate, to restore and preserve the Reporting Party’s equal access to the University’s 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 Title IX Sexual Harassment. Remedies may include, but are not limited to, adjustment of work or class assignments, location, and/or schedule or recommending or requiring a review of a negative performance or grade decision that may have resulted from the conduct that violated the Title IX Policy. Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Responding Party.

The 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 University community. Long-term remedies may include extending or making permanent any Supportive Measures or implementing additional measures tailored to achieve the goals of the Title IX Policy. 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, including but not limited to academic accommodations, access to available resources at Counseling and Psychological Services or the Employee Assistance Program, and modifications to housing and/or employment arrangements. The Title IX Coordinator or designee will, in all cases, consider whether there is a need for additional or extended remedies. The Title IX Coordinator or designee is responsible for effective implementation of any remedies.

Report and Response Managers in the EOC 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 Supportive Measures that may be available and appropriate.

VIII. Retaliation

All requirements and provisions in the Retaliation section in the PPDHRM apply to this Procedure, with the following additional provisions:

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 Title IX Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX; and
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.

IX. Privacy and Confidentiality

All requirements and provisions in the Privacy and Confidentiality section in the PPDHRM apply to this Procedure.

X. Requirements for Resolution Process Participants

A. University Participants

The 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 Alternative 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 conduct impartial investigations and adjudications of Formal Complaints of Title IX Sexual Harassment.

These individuals must also receive training on: the definition of Sexual Harassment; the scope of the University’s Educational Program or Activities; how to conduct an investigation and grievance process including hearings, 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. Hearing Officers must also receive training on any technology to be used at a live hearing and 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 investigation report that fairly summarizes relevant evidence.

B. Support Persons and Advocates

All requirements and provisions in the Support Persons and Advocates section in the PPDHRM apply to this Procedure.

XI. Public Information

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

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

XII. Effective Date and Interpretation

The Title IX Policy and these Procedures will apply to reports of Title IX Sexual Harassment that reportedly occurred on or after August 14, 2020. This Policy and Procedures are intended to be coextensive with the May 19, 2020, Title IX Final Rule issued by the Department of Education. While the University will make good faith efforts to update this Policy and Procedures to reflect any legal changes to the final regulations, if any portion of those regulations are stayed, vacated, or otherwise determined to be invalid or unenforceable by a court of law or the Department of Education, the corresponding portion of these Procedures will be deemed revoked as of the date of publication of the opinion, order, or statement. In the event any provision of this Policy and Procedures conflicts with applicable law, the law will supersede such provision.

Related Requirements

See “Related Requirements” in the Title IX Policy.

Contact Information

General Inquiries or Concerns

Office: Equal Opportunity and Compliance Office

Telephone: 919-966-3576

Email: eoc@unc.edu

Inquiries or Concerns about Title IX

Name: Elizabeth Hall, Associate Vice Chancellor of Equal Opportunity and Compliance / Title IX Coordinator

Telephone: 919-445-1297

Email: cehall@email.unc.edu

Concerns about the University's Application of Laws Covered by this Policy

United States Department of Education, Office for Civil Rights (OCR)

Website: OCR website

Telephone: 800-421-3481

Email: OCR@ed.gov

United States Equal Employment Opportunity Commission (EEOC)

Telephone: 800-669-4000

Email: info@eeoc.gov