Title IX

1. Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment or other unwanted sex-based behavior.
2. Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment or other unwanted sex-based behavior.
3. Formal complaint: A document filed by a complainant, which must contain the physical or digital signature of the complainant, or the Title IX Coordinator alleging sexual harassment or other unwanted sex-based behavior against a respondent and requesting that the college investigate the matter. At the time of filing, the complainant must be participating in or attempting to participate in the college’s educational programs or other college activities. When the Title IX Coordinator signs a formal complaint, (see additional information below), the Title IX Coordinator does not assume the role of the complainant or a reporting party and must continue to comply with requirements to be free from conflict and bias in the subsequent investigation/adjudication process.
4. Supportive measures: Individualized services that are reasonably available, non-punitive, non-disciplinary, and not unreasonably burdensome to any parties in the case and that are also designed to ensure equal educational access, to protect the safety of all parties or the college’s educational environment, or to deter sexual harassment. The Title IX Coordinator will confer with the parties and apply supportive measures without fee or charge to either party that are reasonable in light of known circumstances. Services shall be offered at any time once the college receives notice of a possible Title IX situation; a formal complaint need not be intended or received. Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The college must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the supportive measures.
5. Sexual harassment: Sexual harassment may take many forms. It is defined under Title IX as conduct on the basis of sex that meets one of the following:
   1. Quid pro quo harassment: An employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
   2. Hostile environment harassment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or other college activity;
   3. Sexual assault: An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBl's Uniform Crime Reporting system. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent, defined by the Clery Act (20 U.S.C. 1092(f)(6)(A)(v));
   4. Dating violence: Defined by the Violence Against Women Act (“VAWA”) (34 U.S.C. 12291(a)(10)) – Crimes of violence against a person with whom the person has or had a social relationship, a romantic, or intimate relationship; Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
   5. Domestic violence: Defined by VAWA (34 U.S.C. 12291(a)(8)) – Crimes of violence against a current or former spouse or intimate partner, a person with whom the student shares a child in common, a person with whom the student cohabitates or has cohabitated as a spouse, a person similarly situated to the student as a spouse, a person who is related to the student such as a parent, child or person who is related to the student as a grandparent or grandchild;
   6. Stalking: Defined by VAWA (34 U.S.C. 12291(a)(30)) – Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (a) fear for his or her safety or the safety of others; or (b) suffer substantial emotional distress. Stalking behaviors may include persistent patterns of leaving or sending the victim unwanted items or presents; following or lying in wait for the victim; damaging or threatening to damage the victim's property; defaming the victim's character, or harassing the victim via the Internet through social media, email, or unwelcome contacts via telephone or text message, or by other electronic means such as posting personal information or spreading rumors.
6. Consent: The explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Consent cannot be inferred from the absence of a "no"; a clear "yes," verbal or otherwise, is necessary. Silence, passivity or lack of active resistance does not imply consent. In addition, previous participation in sexual activity does not indicate current consent to participate in sexual activity. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. 
   
   Consent has not been obtained in situations where the individual: (a) is forced, pressured, manipulated or has reasonable fear that they will be injured if they do not submit to the act; (b) is incapable of giving consent or is prevented from resisting because of physical or mental incapacity (including being under the influence of drugs or alcohol); or (c) has a mental or physical disability that inhibits his/her ability to give consent to sexual activity. Anyone engaging in sexual activity without clear consent is in violation of this policy.
7. Retaliation: Intimidation, threatening, coercing or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX or this policy of the college, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing.
8. Title IX coordinator: The college employee charged with primary responsibility for compliance with the college’s Title IX policy and procedures. The college also has Deputy Title IX Coordinators who report to the Title IX Coordinator. See page 6 of this policy for a list of, and contact information for, the Title IX Coordinator and Deputy Coordinators.
9. Confidential resources: Information shared with a confidential official will not be disclosed to anyone else, including the college, except under very limited circumstances. Any individual may choose to seek support from confidential professionals on and off campus, including licensed professional counselors, medical health providers, clergy, and rape crisis counselors. See pages 6 and 7 of this policy for a list of some of the available resources.
10. Location criteria: Title IX applies to people in the United States within educational programs or activities of institutions that receive Federal financial assistance. Educational programs and activities include locations, events, or circumstances over which the college exercises substantial control over both the respondent and the context in which the unwanted behavior occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the college. Students who experience sexual harassment or unwanted sex-based behavior that comes from a member of the college but that is outside of an educational program or activity may request support services from the college and may still choose to file a police report or a non-Title IX conduct complaint.
11. Formal grievance process: The process by which formal, signed complaints are investigated and adjudicated in live hearings. See pages 8 through 14 of this policy for additional information.
12. Informal resolution process: An alternative process for resolving complaints that involves mediation and facilitated discussion. The Informal Resolution Process does not involve a formal investigation or live hearing. Remedial measures are available in the Informal Resolution process, but disciplinary measures require that the parties undergo the formal grievance process. All parties and the college must agree to engage in the Informal Resolution process in writing in order for it to occur. The process will be mediated by an impartial informal resolution facilitator. Either party (complainant or respondent) may withdraw consent to participate in the Informal Resolution Process at any time. In that event, the matter will revert to the formal investigation and hearing process. The Informal Resolution process is not available in cases where the respondent is an employee.
13. Training materials: All participants in the Title IX process are appropriately training for their roles pursuant to the standard set forth in the Title IX regulation promulgated by the U.S. Department of Education. Training materials are posted on the college’s website.

1. Upon receiving a Title IX report, the Title IX Coordinator will review it and may conduct an initial intake meeting with the complainant to confirm that it meets the definitions contained in this policy. If the complaint is not anonymous, it should be signed by the complainant. If the complaint is anonymous, or if the complainant chooses not to sign it, the complainant's wishes should be respected unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable in light of the known circumstances. If the Title IX Coordinator makes this determination, he or she should document the reasoning in the case file. If the report is not signed and the Title IX Coordinator determines that grounds do not exist for the Title IX Coordinator to sign it, then the report will be maintained for informational purposes.
2. Upon receipt of a report with an identifiable complainant, the Title IX Coordinator must promptly contact the complainant confidentially to discuss the availability of supportive measures with or without the filing of a formal complaint, consider the complainant's wishes with respect to supportive measures, and explain the process for filing a formal complaint versus pursuing an informal resolution. Supportive measures may include but are not limited to: (a) no contact orders; (b) staggered meal times; (c) temporary changes in academic schedules or living arrangements to avoid contacts; (d) remote learning options; (e) counseling; (f) extensions of deadlines or other course related adjustments; (g) campus escort services; (h) leaves of absence; and (i) increased security and monitoring of areas of campus. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.
3. Separately, the Title IX Coordinator may confer with other senior college administrators to determine whether or not health and safety concerns exist that should be addressed. Nothing in this policy and accompanying procedures precludes the college from removing a respondent from the college's education program or activity on an emergency basis, provided that the college undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. In addition, the college may place a non-student employee on administrative leave during the pendency of a grievance process.
4. Note that, except as stated above with respect to removal on an emergency basis or on administrative leave, the college must follow the formal investigation and grievance process before imposing disciplinary sanctions or other actions not considered supportive measure against a respondent.
5. The Title IX Coordinator will use information from the initial intake meeting to determine how to move forward:
   1. With a full Title IX investigation and hearing (with the Title IX Coordinator signing the report in lieu of a complainant if needed);
   2. By remanding the case for non-Title IX investigation under the college's general Student Code of Conduct;
   3. By referring the matter for informal resolution (except this option is not available unless both parties' consent and is never available if the respondent is an employee and the complainant is a student); or
   4. By dismissing the complaint. In this event, the Title IX coordinator will provide written notice to both parties explaining the rationale for the dismissal.
6. If the Title IX Coordinator determines that a Title IX investigation is warranted, then the Title IX Coordinator will send written notice of the allegations to both parties and advise that an investigation will take place. Title IX investigators will be instructed to initiate an investigation within ten instructional weekdays. Evidence collected, as well as a draft of the investigative report prepared by the Title IX investigators, will be provided to the parties who will then have ten instructional workdays to respond in writing. These responses will be added to the draft report to constitute the final report of the initial investigation. Once the final report is compiled the Title IX Coordinator will schedule the live hearing at least ten instructional workdays in the future and will provide a copy of the final report to the parties.
7. A party's medical records may not be collected without the express written consent of the party.
8. No "gag" orders will be imposed, and the parties will have equal opportunity to present witnesses and other evidence.
9. The Title IX Coordinator or the Deputy Coordinators will work with the investigators to send the parties written notices of investigative interviews or meetings, as well as of any hearing.
10. Should the complainant opt for the formal grievance process, he or she may opt out of that process and elect the Informal Resolution process at any time, as long as the respondent agrees to this election and the Title IX Coordinator does not conclude that it is unreasonable under the circumstances.
11. The college may, in its discretion, dismiss a complaint or allegations in a complaint if the complainant informs the Title IX Coordinator in writing that the complainant wishes to withdraw some or all of the allegations in the complaint; or if the respondent is no longer a student or employee; or if specific circumstances prevent the college from gathering sufficient evidence to reach a determination.

The trained college professionals designated below can provide counseling, information, and support in a confidential setting. These confidential resources (as defined in the Definitions section of this policy) will not share information about an individual (including whether that individual has received services) without the individual’s express permission, unless there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor). These professionals are also available to help an individual make a report to the college or Campus Police:

Campus Contacts

Counseling and Disability Access Services: 336-334-4822, ext. 50038

Non-campus resources are also available to support students who have become involved with Title IX behaviors. Live links to these resources are available through the college’s Title IX webpage. Printed information follows:

Family Services of the Piedmont

https://www.fspcares.org/domestic-violence-sexual-assault/
Crisis Hotline (336) 273-7273

Greensboro Office
Washington Street Building
315 E. Washington St.
Greensboro, NC 27401
336-387-6161

High Point Office
Slane Center
1401 Long St.
High Point, NC  27262-2541
336-889-6161

Main Office – Jamestown
Jamestown Building (Ragsdale YMCA)
902 Bonner Drive
Jamestown, NC  27282
336-889-6161

Rape, Abuse and Incest National Network

https://rainn.org/
800-656-HOPE (4673) available 24/7
Online chat: online.rainn.org

Cone Health

https://www.conehealth.com/services/sexual-assault-domestic-violence/

Sexual Assault Nurse Examiners (SANE) are located at:

Moses Cone Hospital
1200 N. Elm St.
Greensboro, NC 27401
336-832-7000

MedCenter High Point
2630 Willard Dairy Road
High Point, NC 27265
336-884-3777

Wesley Long Hospital
501 N. Elam Ave.
Greensboro, NC 27403
336-832-1000

High Point Medical Center/Wake Forest Baptist Health

601 N. Elm St., High Point, NC 27262
336-878-6000

City of Greensboro Police Department

https://www.greensboro-nc.gov/departments/police/crime-prevention-tips/protect-yourself/general-public/sexual-assault

North Carolina Council for Women – Sexual Assault Programs Directory (Statewide)

https://ncadmin.nc.gov/about-doa/divisions/council-women-youth-involvement

Sexual Assault Survivors Support Group

https://www.nsvrc.org/

Best Practices for Victims

1. Go to a safe place as soon as possible.
2. On any GTCC Campus call 336-819-2046 (or ext. 50911 from a campus phone) for police assistance.  If you are off campus, call 9-1-1 for police assistance. 
3. Stay on the phone with the dispatcher as long as you are needed.
4. The preservation of physical evidence may be critical for successful prosecution of the offender.
   1. Do not change your clothes. If you do, put the clothing you were wearing in separate paper bags (not plastic) and take them to the hospital. This clothing may be used as evidence for prosecution. If you wear the clothes to the hospital, bring a change of clothes with you.
   2. Do not clean your body or your clothes. Preserve all physical evidence. Do not wash, bathe, douche, comb your hair, or use the toilet if you can help it. Washing might be the first thing you want to do, but don't. You literally might be washing away valuable evidence. Wait until after you have a medical examination.
   3. Do not alter or disturb the place where the assault occurred.
5. You may ask for a victim advocate to be present during the report taking. GTCC has a trained group of staff members who will support you and can assist you in accessing medical and counseling services, and reporting the incident to the appropriate local law enforcement authorities. Contact the Title IX Coordinator for additional information.
6. You have the right to file a Title IX complaint with the college's Title IX Coordinator in addition to filing a criminal complaint.

Under Title IX, pregnant students are allowed to make up any work (tests, assignments, etc.) that is missed due to documented medical appointments and/or hospitalizations related to pregnancy. This documentation may be given directly to faculty to handle individually with the student. If the number of absences or missed assignments exceed the parameters of what can normally be accepted (due to technical standards, learning outcomes, departmental policies, etc.), students may seek accommodations for pregnancy complications under the protection of Title IX.

Pregnancy itself is not a disability. However, when medical conditions arise related to pregnancy that cause a student to miss class, it is viewed as a "temporary disability." As with any other temporary disability, GTCC requires documentation from the student’s medical doctor that specifies the dates of appointments/hospitalizations, diagnoses, and limitations and restrictions due to said diagnoses. This documentation must be complete and specific as restrictions may differ from in-class vs. online work requirements.

A student should notify her faculty as soon as possible to determine if accommodations need to be requested. Per institutional policy, GTCC does not extend accommodations retroactively. However, in the case of a temporary disability, it is understood that emergencies occur and accommodations may not always be able to be requested in advance. In such cases, requests and documentation must be provided within a reasonable time frame. (documentation presented well after the fact requesting “reopening” of assignments will not be considered).

If you have additional questions, please contact:

Athletic programs are considered educational programs and activities. There are three basic parts of Title IX as it applies to athletics.

Participation

Title IX requires that women and men be provided equitable opportunities to participate in sports. Title IX does not require institutions to offer identical sports but an equal opportunity to play.

Scholarships

Title IX requires that female and male student-athletes receive athletic scholarship dollars proportional to their participation.

Other Benefits

Title IX requires the equal treatment of female and male student-athletes in the provisions of the following:

• Equipment and supplies
• Scheduling of games and practice times
• Travel and daily allowance
• Access to tutoring
• Coaching
• Locker rooms, practice and competitive facilities
• Medical and training facilities and services
• Publicity and promotions
• Support services
• Recruitment of student-athletes

For information about pregnant and parenting student-athletes’ rights, see Title IX and Pregnancy above.