Policies

It is the policy of Stanly Community College to provide an educational and working environment free from sexual and other unlawful harassment, discrimination and retaliation. Harassment, discrimination or retaliation against an employee or student on the basis of race, color, religion, creed, gender, national or ethnic origin, age, disability, veteran or active military status, genetic characteristics, or any other category protected by law is strictly prohibited and will not be tolerated of anyone associated with the College (including but not limited to members of the Board of Trustees, College administration, faculty and staff, and students) either at a campus facility or college-sponsored event. The scope of this policy also extends to visitors, vendors and/or contractors while on campus property or participating in an SCC-sponsored event.

Violation of the policy is considered to be a serious offense and is prohibited by the federal laws, rules, and regulations cited in the procedures for this policy. The legislative mandate is clear: the College must provide a safe, harassment- and discrimination-free environment for students and employees.

Scope

Consistent with federal law, Stanly Community College ("the College" or "SCC") prohibits all forms of harassment, sexual assault, domestic violence, dating violence, or stalking. These guidelines apply to all members of the College community (members of the Board of Trustees, administrators, students, faculty, and staff) as well as visitors, vendors, and contractors in circumstances under SCC's control. SCC will respond to complaints of prohibited conduct affecting SCC employment or education whether occurring on or off campus, including electronic and online conduct.

An incident is considered a Title IX complaint when it occurred on campus or during college-sponsored activities on or off campus. Every incident will be investigated initially as a potential Title IX complaint.  The Title IX Coordinator or Title IX Deputy Coordinator will dismiss from Title IX review those incidents that do not meet the requirements of federal law for Title IX complaints. Such incidents may continue to be addressed under student code of conduct or employee progressive disciplinary procedures.

The following chart shows the sequence of events for how Title IX complaints are handled at SCC:

Reporting an Incident

Individuals who feel they have been the victim of harassment, discrimination, or sexual violence as defined in this policy or anyone aware of a policy violation should report the incident as soon as possible. A reporting party may choose to report to Law Enforcement, to the College, to both, or to neither. These reporting options are not exclusive. A reporting party may simultaneously pursue criminal and College disciplinary action. Reports to the College can be made in writing, by telephone, by email, or anonymously if necessary. Incidents will be investigated as Title IX incidents only if reported to an Official with Authority. In addition, the reporting party can choose to report only to a Confidential Employee as defined above. The College will support the reporting party in understanding, accessing, and pursuing these options. Anonymous reports will not be investigated as Title IX complaints but may be investigated under the Student Code of Conduct or employee Progressive Disciplinary policy.  https://cm.maxient.com/reportingform.php?StanlyCC&layout_id=1

Reporting to Law Enforcement

In case of an emergency or ongoing threat, get to a safe location and call 911.

SCC encourages any member of the College community who has experienced sexual assault, domestic violence, dating violence,  stalking, or verbal/expressive abuse or knows of another SCC community member who has experienced sexual assault, domestic violence, dating violence, stalking, or verbal/expressive abuse to report the incident immediately to a member of SCC Campus Security at (704) 991-0300 or (704) 991-0118 or in person.

A reporting party is not required to report the incident to local law enforcement in order to receive assistance from or pursue any options within SCC. Reporting sexual assault, domestic violence, dating violence, stalking, and verbal/expressive abuse to law enforcement (including SCC Campus Security) does not commit the complainant to further legal action. However, the earlier an incident is reported, the easier it will be for law enforcement to investigate, if the complainant decides to proceed with criminal charges.

Anyone who suspects or knows that a minor has been abused or neglected must report such abuse or neglect to Campus Security, which will report such information to the appropriate department of social services in as required by G.S. § 7B-301.

Any student or employee who reports an incident of sexual assault, domestic violence, dating violence, or stalking, whether the incident occurred on or off campus, may also:

• petition the court by filing a domestic abuse complaint requesting an order restraining your attacker from abusing you, and/or an order directing your attacker to leave your household, building, school, college, or workplace.
• report the incident to law enforcement at any time or to otherwise request assistance from law enforcement.
• seek medical treatment.
• be referred to counseling or other support services, and/or assistance in notifying law enforcement.
• obtain assistance from the College with reasonable changes to academic, transportation, or working situations to avoid a hostile environment.

Privacy and Confidentiality

SCC recognizes the sensitive nature of sexual assault, domestic violence, dating violence, and stalking incidents. SCC is committed to protecting the privacy of individuals who report incidents of harassment pursuant to this Policy, to the extent that doing so is permitted by law and consistent with the College's need to investigate the allegations and to protect the safety of the college community.

• All individuals should understand their reporting options and the consequences of disclosing information about alleged events to a Confidential Employee or to an Official with Authority, respectively. Reporting individuals who are uncertain as to whether a particular College employee is a Confidential Employee or an Official with Authority should ask before disclosing information they wish to keep confidential

Should a reporting party desire to keep a report confidential, the complainant should report the complaint to a Confidential Employee. Information disclosed to a Confidential Employee will only be disclosed with the reporting party's specific permission unless there is some continuing threat of serious harm to any individual or a legal obligation to disclose the information.

• Reports received by the College concerning the abuse of a minor or juvenile must be reported to state officials in compliance with state law requiring mandatory reporting of child abuse. Anyone who suspects or knows that a minor has been abused or neglected must report such abuse or neglect to Campus Security, which will report such information to the appropriate department of social services in as required by G.S. § 7B-301.

For the purposes of Clery Crime Statistic Reporting, reporting statistical information about the incident is required, but no personally identifiable information about the complainant is included.

All parties involved in the complaint process are expected to maintain confidentiality in order to avoid interfering with the investigation and resolution of each complaint.

Sexual Harassment/Discrimination Complaint/Incident Procedures

Following a report of sexual harassment or discrimination, the College will take prompt steps to investigate the report, to correct, prohibit, and remedy any sexual harassment and discrimination, and to protect the student or employee from further harassment or discrimination. Employees who fail to report policy violations will be held accountable based on the Employee Code of Ethics. Disciplinary actions for employees found to be in violation of this policy will be based on the Employee Progressive Disciplinary Policy.

Any determination of a conflict of interest or perceived conflict of interest for individuals involved in receiving complaints, investigating, and determining the outcome of a complaint under this policy may be resolved by having another individual substituted in the process as designated by the College President. If there is a conflict of interest involving the President, the matter will be referred to the Board of Trustees Chair.

The Title IX Coordinator is:

Cindy Dean, Director of Institutional Effectiveness
Office location: 214 Patterson Building
Telephone: (704) 991-0329
Email: cdean5600@stanly.edu
Mailing address: Stanly Community College, 141 College Drive, Albemarle, NC 28001

The Title IX Deputy Coordinator, also serving as Title VI/Title VII Coordinator, is:

Executive Director of Human Resources
Lori Poplin
Office location: 111C Eddins Building
Telephone: (704) 991-0116
Email: lpoplin0217@stanly.edu
Mailing address: Stanly Community College, 141 College Drive, Albemarle, NC 28001

 Reporting to the College

• Students: To file a Title IX complaint, as soon as is reasonably possible, students should contact the Title IX Coordinator listed above in person, by telephone, via email, via US Postal Service, or via report form available on the College website. Students may also report a Title IX complaint to an Official with Authority, as defined below. Employees: To file a complaint, such as under Title IX, as soon as is reasonably possible, employees should contact the Executive Director of Human Resources, who is the Deputy Title IX Coordinator and the Title VI/ Title VII Coordinator, listed above in person, by telephone, via email, via US Postal Service, or via report form available on the College website.

Any complaint should include, at a minimum, the following information:

• the identity of the complainant (the person who is alleged to be the victim of conduct that could be sexual harassment) and respondent (the person or persons named who is alleged to have violated this policy);
• Sufficient details concerning the incident(s) or conduct that precipitated the complaint to suggest that sexual harassment or discrimination may have occurred.

Mandatory Reporting

Officials with Authority, as defined in this Policy, have a mandatory duty to report incidents of sexual harassment. Employees who are uncertain as to whether they are required to report information disclosed to them about an incident should consult with the Title IX Coordinator.

Interim Supportive Measures

Regardless of whether a student or employee, the complainant or a third party, reports an incident of sexual assault, domestic violence, dating violence, or stalking to law enforcement or pursues any formal action, if the College has actual knowledge from an Official with Authority of the alleged misconduct, SCC is committed to providing the complainant as safe a learning or working environment as possible by employing interim supportive measures. Possible supportive measures can include but are not limited to: rescheduling of classes, exams, work assignments, or transportation; changing of schedules; and/or providing safe movement between locations on campus, etc. Supportive measures cannot punish, discipline or unreasonably burden the respondent.

SCC Security Officers will advise a reporting party about how to seek a restraining order from a criminal court that directs the respondent to refrain from abuse and to leave the reporting party's household, building, school, college, or workplace.

SCC is committed to ensuring that orders of protection issued by courts are fully upheld on all College-owned, used, and controlled property. Therefore, if any member of the SCC community obtains an order of protection or restraining order, he or she should promptly inform SCC Campus Security and provide the Director of Campus Security with a copy of that order, so that the College can enforce it. SCC is also committed to protecting the reporting party from any further harm, and if Campus Security determines that an individual's presence on campus poses a danger to one or more members of the College community, Campus Security can ban the individual from any or all SCC locations.

TITLE IX Determination

The Title IX Coordinator will review every potential Title IX complaint for whether the complaint qualifies under the regulations governing Title IX.  Qualifying complaints are those that involve all of the following:

• a complainant participating in, or attempting to participate in, an education program or activity of SCC at the time of the filing of the formal complaint; and
• the education program or activity is at a location, event, or in circumstances over which SCC exercised substantial control over both the respondent and the context in which the sexual harassment allegedly occurred; and
• the conduct at issue occurred within the boundaries of the United States.

The Title IX Coordinator will consider whether the event or circumstance where the alleged harassment occurred was funded, promoted, or sponsored by SCC and whether alleged sexual harassment occurred outside of SCC’s control but where the complainant has to interact with the respondent in an SCC education program or activity or where the effects of the underlying sexual assault create a hostile environment in the complainant’s workplace or educational environment.

For complaints that do not qualify under the regulations governing Title IX, the Title IX Coordinator will dismiss the complaint from Title IX review.  Complaints may continue to be investigated under the Student Code of Conduct or employee Progressive Disciplinary policy as described below.

The Title IX Coordinator will act promptly to forward any qualifying Title IX complaints to the appropriate Title IX Investigation Team. Student complaints will be handled by the Student Investigation Team and employee complaints will be handled by the Employee Investigation Team.

INVESTIGATION

The appropriate Title IX Investigation Team will conduct a preliminary review of the complaint, which normally includes interviews with the reporting party respondent, and witnesses. The Title IX Investigation Team may request administrators in areas connected to the complaint to participate in the investigation process on a need to know need-to-know basis.

Voluntary mediation may be used as a method to resolve the complaint at this stage; provided, however, that mediation may not be used in sexual assault or sexual violence complaints.

After the preliminary review, the Title IX Coordinator will review the circumstances again to ensure that the incident reported in the complaint warrants further investigation as a Title IX complaint. If it is determined that the complaint does not fall under Title IX, the reporting party and the respondent will be notified that the complaint will be dismissed from Title IX review. 

If the Title IX Investigation Team determines that circumstances in the complaint warrant further investigation, the reporting party and respondent will be notified.

Even where law enforcement conducts a criminal investigation regarding the allegation, the College will conduct its own independent investigation in determining whether a College policy violation has occurred. As criminal investigations and violations of the Anti-Harassment/Discrimination policy use different standards, the determination of whether a College policy has been violated will not be based upon law enforcement decisions.

In addition to interviews with all parties, the Title IX Investigation Team will review all written statements, documentation and policies, and other necessary steps to thoroughly investigate the complaint to determine whether the alleged conduct constitutes sexual harassment, discrimination or other violations of this policy.

Neither the reporting party nor the respondent may have direct contact with one another during the investigation process as this may possibly escalate a hostile environment.

Both the complainant and the respondent will be given the opportunity to review the investigation materials and suggest corrections to ensure the accuracy of the findings.

Should a party waive the right to go through the process of resolving a complaint, a decision will be made based on information gathered by the Title IX Investigation Team. The College reserves the right to proceed with investigating a complaint, even if the reporting party withdraws it or if any party refuses to cooperate in the investigation, in order to protect the interests and safety of the College community.

The Title IX Investigation Team will prepare a written report of findings for the Title IX Coordinator.

HEARING FOR TITLE IX FORMAL COMPLAINTS

SCC will assign a neutral Decision Maker to conduct a hearing of the complaint.

The Title IX Coordinator will schedule the live hearing at least 10 days after the report of the Title IX Investigation Team is submitted. The Title IX Coordinator will notify the complainant and the respondent that the written report is available for review by each of them at least 10 days before the live hearing.

The Decision-Maker will review the written materials submitted by the Title IX Investigation Team prior to the live hearing.

At the hearing, the Decision Maker has full authority to conduct the hearing and will call witnesses to testify. The hearing may be conducted with all parties in-person or via synchronous session virtually with all parties present at the same time but in different locations.

• The Decision Maker will open and close the hearing without statements from the parties and will conduct a direct examination.
• Representatives of the parties may cross-examine witnesses and the parties. Parties may not conduct cross-examination. The Decision Maker determines the relevance of all questions on cross-examination. The parties may object to a question as irrelevant, and their representatives may discuss the relevance of a question with the Decision Maker.
• Parties who do not have representation may be provided an advisor of their choosing and at no cost by SCC.  The advisor will be an adult with the capacity to understand cross examination, but SCC will not provide an attorney for any party.
• Representatives of the parties should observe rules of decorum including not badgering witnesses and not repeating questions already answered.
• The Decision Maker will not consider testimony of any person who refuses to answer on cross-examination. The Decision Maker may consider video evidence of an incident that does not include statements that cannot be verified in cross-examination.
• SCC will ensure the live hearing is recorded (audio, audiovisual, or transcript) with the recording available to the parties for inspection and review.
• When determining whether a violation of policy has occurred, the College will use a "preponderance of the evidence" standard. This standard means that based on the evidence presented, it is more likely than not that the allegations in the complaint are true.

Rights of both parties:

• An equal opportunity to present relevant witnesses during the investigation and subsequent hearing.
• Timely access to any information that will be used at the hearing.
• Parties will not be allowed to personally question each other during the course of the investigation but may cross-examine each other through third-party advisors at the hearing.
• Each investigation and live hearing will be conducted and completed within a reasonable time frame (60 calendar days unless the Decision Maker deems further time is necessary to render a decision.)
• To receive periodic status updates.
• A clear description of SCC's disciplinary process and know the range of possible sanctions that can be applied.
• To have an advisor of their choice, including legal counsel, participate in the complaint and investigation process. Advance notice to the College is required if an advisor or legal counsel is included in the process. Legal counsel or others filling this role participate as an advisor to the individual only and cannot speak for the individual or participate directly in the process. Any legal fees incurred are the responsibility of the individual contracting with the attorney as an advisor. It is not required to have legal counsel present during any or all portions of the proceedings, however, if either party exercises their right to have legal counsel present, the College may choose to have an attorney present as well.

Resolution and Notice

Documentation of all stages of the process will be maintained by the Title IX Coordinator.

The Title IX Decision-Maker will lead the College in taking appropriate disciplinary actions for conduct found to be a violation of this Policy. The Decision-Maker may name individuals to assist in the resolution process.

Disciplinary action may be taken for violation of this policy, up to and including dismissal from the educational program, from employment, or from the Board of Trustees. In determining disciplinary action, the Student Code of Conduct and the Employee Progressive Disciplinary Policy will be utilized. A third party may be barred from campus or prohibited from engaging in future business dealings with the College.

Once the Decision-Maker has made necessary disciplinary decisions, the Title IX Coordinator will be notified of the decision in writing. Both parties will be simultaneously notified in writing of the outcome of a complaint and the right to any appeal, including information about the appeal process. If a complaint involves a student, the College will disclose to the Complainant the College's final determination and any disciplinary sanctions imposed on the Respondent.

The Title IX Coordinator will also notify the President of the College of the decision. The President may make a report to the Board of Trustees if warranted. Should a case be brought against the President, the Board Chairman will refer the matter to the Board of Trustees for action.

Appeal Process

Either party may appeal the outcome of the investigation and disciplinary decisions. The only permissible bases for appeal are procedural error or previously unavailable relevant evidence that significantly impacts the outcome of the case.

The appeal must be in writing and submitted to the Title IX Coordinator using the Title IX Appeal Form within 15 working days of the issuance of the decision. The appeal will be forwarded to the President, who will review the initial complaint, the investigation report, the appeal documentation, and initial decision. Within 15 working days following receipt of the appeal, the President will make a determination and forward that determination to the Title IX Coordinator for appropriate action. If the President determines that an error has been made at any point in the case, the case will revert back to the Title IX investigation team for review and additional investigation, if necessary, and a new or revised decision will be rendered and distributed to both the reporting party and the responding party.

Any new decision or changes to an initial decision resulting from an Appeal are final and not subject to further appeal.

Procedures For Complaints Dismissed From Title IX Review

Reports of sexual harassment or discrimination that are dismissed from Title IX review will continue to be investigated under the following procedures.

Investigation Process

Student complaints that have been dismissed from Title IX Review will be handled by the Student Investigation Team and employee complaints will be handled by the Employee Investigation Team.

The appropriate Investigation Team will begin the post-Title IX Review investigation by reviewing documentary evidence released by the Title IX Coordinator or Deputy Coordinator. The appropriate Investigation Team may conduct further fact-finding measures such as interviews with the reporting party, the respondent, and witnesses.

Voluntary mediation may be used as a method to resolve the complaint at this stage; provided, however, that mediation may not be used in sexual assault or sexual violence complaints.

If the Investigation Team determines that the circumstances in the complaint warrant further investigation, the reporting party and respondent will be notified. In addition to interviews with all parties, the Investigation Team will review all written statements, documentation and policies, and other necessary steps to thoroughly investigate the complaint to determine whether the alleged conduct constitutes sexual harassment, discrimination or other violations of this policy. Neither the reporting party nor the respondent may have direct contact with one another during the investigation process as this may possibly escalate a hostile environment.

When determining whether a violation of policy has occurred, the College will use a "preponderance of the evidence" standard. This standard means that based on the evidence presented, it is more likely than not that the allegations in the complaint are true.

Rights of both parties:

• An equal opportunity to present relevant witnesses during the investigation.
• Timely access to any information that will be used in the final determination.
• Parties will not be allowed to personally question each other during the course of the investigation.
• Each investigation will be conducted and completed within a reasonable time frame (60 calendar days)
• To receive periodic status updates.
• A clear description of SCC's disciplinary process and know the range of possible sanctions that can be applied.

To have an advisor of their choice participate in the complaint and investigation process. Advance notice to the College is required if an advisor or legal counsel is included in the process. Legal counsel or others filling this role participate as an advisor to the individual only and cannot speak for the individual or participate directly in the process. Any legal fees incurred are the responsibility of the individual contracting with the attorney as an advisor. It is not required to have legal counsel present during any or all portions of the investigation, however, if either party exercises their right to have legal counsel present, the College may choose to have an attorney present as well.

Even where law enforcement conducts a criminal investigation regarding the allegation, the College will conduct its own independent investigation in determining whether a College policy violation has occurred. As criminal investigations and violations of the Anti-Harassment/Discrimination policy use different standards, the determination of whether a College policy has been violated will not be based upon law enforcement decisions.

Should a party waive the right to go through the process of resolving a complaint, a decision will be made based on information gathered by the Investigation Team. The College reserves the right to proceed with investigating a complaint, even if the reporting party withdraws it or if any party refuses to cooperate in the investigation, in order to protect the interests and safety of the College community.

Resolution and notice after title IX dismissal

Documentation of all stages of the process will be maintained by the Title IX Coordinator, the Office of the Dean of Students (for complaints involving students), and the Office of Human Resources (for complaints involving employees). Upon completion of the investigation, the Investigation Team will report the findings to the Dean of Students (for complaints involving students) or the Office of Human Resources (for complaints involving employees). Disciplinary action may be taken for violation of this policy, up to and including dismissal from the educational program, from employment, or from the Board of Trustees. In determining disciplinary action, the Student Code of Conduct and the Employee Progressive Disciplinary Policy will be utilized. A third party may be barred from campus or prohibited from engaging in future business dealings with the College.

Appeal process for incidents dismissed from title IX review

Either party may appeal the outcome of the investigation and disciplinary decisions. The only permissible bases for appeal are procedural error or previously unavailable relevant evidence that significantly impacts the outcome of the case.

Decisions made under the Student Code of Conduct may be appealed according to the processes of the Student Grievance policy.  Decisions made under the employee Progressive Discipline Policy may be appealed as described therein.

Any new decision or changes to an initial decision resulting from an Appeal are final and not subject to further appeal.

Procedures for complaints of discrimination and harassment other than sexual harassment

Individuals filing a complaint of non-sexual discrimination or harassment should follow Stanly Community College's Grievance Procedures. If the reporting party is a student, the student will file their complaint through the Student Grievance Procedures located on the Stanly Community College Policy webpage. If the reporting party is an employee, the employee will consult with the Executive Director of Human Resources  to determine the best procedure for resolution.

Student Grievance Contact:

Jennifer Hatley, Dean of Students
Office Location: 107 Patterson Building
Telephone: (704) 991-0193
Email: jhatley9287@stanly.edu
Mailing Address: Stanly Community College, 141 College Drive, Albemarle, NC 28001

Employee Grievance Contact:

Lori Poplin, Executive Director of Human Resources
Office Location: 111C Eddins Building
Telephone: (704) 991-0116
Email: lpoplin0217@stanly.edu
Mailing Address: Stanly Community College, 141 College Drive, Albemarle, NC 28001

Retaliation

The College will take appropriate interim measures during any investigation under this policy to ensure safety and non-retaliation for all persons involved. Retaliation or discrimination against a student or employee at any time for reporting or complaining about any form of harassment or discrimination or otherwise participating in this process is also prohibited and is a violation of this policy. The reporting party will be advised to report any retaliation or further discrimination or harassment. Disciplinary actions for employees found to be in violation of this policy will be based on the Employee Progressive Disciplinary Policy.

Individuals can be sanctioned for retaliation even if the underlying complaint is not substantiated. Retaliation can be committed by the reporting party, the accused, or others. The filing of a sexual discrimination, harassment, or related retaliation complaint will not stop, delay, or have any effect on pending student disciplinary or personnel actions. This includes but is not limited to performance evaluations or disciplinary actions related to a reporting party who has violated College policies or who is not performing at acceptable levels.

Filing an OCR Complaint

Anyone who believes that an education institution that receives federal financial assistance has discriminated against someone on the basis of race, color, national origin, sex, disability, or age may file a complaint with the Office for Civil Rights (OCR). The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group.

A complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by OCR for good cause shown under certain circumstances.

Prior to filing a complaint with OCR against an institution, a potential complainant may want to find out about the institution's grievance process and use that process to have the complaint resolved. However, a complainant is not required by law to use the institutional grievance process before filing a complaint with OCR. If a complainant uses an institutional grievance process and also chooses to file the complaint with OCR, the complaint must be filed with OCR within 60 days after completion of the institutional grievance process.

Complainants wishing to file a complaint may do so by:

• Mail or Facsimile: Complainants may mail or send by facsimile a letter or use the OCR's Discrimination Complaint Form available from one of OCR's enforcement offices. Information to be provided include the complainant's name, address and telephone number where the complainant may be reached during business hours; information about the person(s) or class of persons injured by the alleged discriminatory act(s) (names of the injured person(s) are not required); the name and location of the institution that committed the alleged discriminatory act(s); and a description of the alleged discriminatory act(s) in sufficient detail to enable OCR to understand what occurred, when it occurred, and the basis for the alleged discrimination (race, color, national origin, sex, disability, or age).
• E-mail: Complainants may file a complaint using the following e-mail address: ocr@ed.gov . Use the same procedures as above.
• Online: Complainants may file a complaint with OCR using OCR's electronic complaint form at the following web site: http://www.ed.gov/about/offices/list/ocr/complaintintro.html

Filing an EEOC Complaint

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

An employee who believes he or she has been discriminated against at work because of race, color, religion, sex (including pregnancy), national origin, age, disability or genetic information, may file a charge of discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require the individual to file a Charge of Discrimination before filing a job discrimination lawsuit against the employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There may be time limits for filing a charge.

Charges are not accepted by telephone, but an employee may call 1-800-669-4000 to submit basic information about a possible charge to begin the process. The information will be forwarded to the appropriate EEOC field office.

Definitions

The Stanly Community College Anti-Harassment/Discrimination Policy addresses all forms of prohibited harassment, discrimination, retaliation, and sexual violence related to students, employees, and third parties and employs the following definitions:

Confidential Employees are those employees who will not disclose information about prohibited conduct to the College's Title IX Coordinator without the reporting party's permission, subject to the exceptions set forth in the confidentiality section of this policy. Confidential employees are the Director of Counseling and Special Services, and the counselors within the Schools.

Consent is a voluntary, intentional agreement to engage in a particular sexual activity. A sexual act is nonconsensual if it is committed using force, threat of force, or intimidation, or if the individual against whom the act was committed is physically or mentally impaired or incapacitated due to alcohol or drug consumption, asleep, or unconscious.

Dating violence means (under federal law 34 U.S.C. 12291(a)(10)) violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the individual and where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, and (iii) the frequency of interaction between the persons involved in the relationship. In addition, in the state of North Carolina, dating violence is included in the General Statutes with domestic violence in Chapter 50B. For purposes of Title IX investigations, the federal definition will apply.

Discrimination is defined as any act or failure to act that unreasonably and unfavorably differentiates treatment of others based solely on their membership in a socially distinct group or category, such as race, color, religion, creed, gender, national or ethnic origin, age, disability, veteran or active military status, genetic characteristics, or any other legally protected class.

Discrimination may include but is not limited to giving preferential treatment based on an individual's membership in a protected class, denying access based on an individual's membership in a protected class, or profiling based on an individual's membership in a protected class.

Domestic violence is defined (under federal law 34 U.S.C. 12291(a)(8)) to include felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. In addition, the state of North Carolina defines domestic violence in  Chapter 50B of the General Statutes. For purposes of Title IX investigations, the federal definition will apply.

Harassment is defined as unwelcome conduct based on race, color, religion, creed, gender, national or ethnic origin, age, disability, veteran or active military status, or genetic characteristics, or any legally protected class that adversely alters the conditions of continued pursuit of education or employment; is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive; has the purpose or effect of interfering unreasonably with an individual's work or academic performance; or otherwise adversely affects an individual's employment or educational opportunities.

Harassment may include but is not limited to conduct such as offensive jokes, slurs, epithets or name calling, bullying, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, negative stereotypes, hostile acts, and interference with school or work performance, whether in person or via a social networking site or other methods.

• Sexual Harassment: unwelcome sexual advances, requests for sexual favors and other verbal, physical, or electronic conduct of a sexual nature that are so severe, pervasive, and objectively offensive from the perspective of a reasonable person, creates a hostile, intimidating, or abusive environment, involve verbal, physical, or electronic conduct based on a person's sex, gender or sex-stereotyping that, from the perspective of a reasonable person, creates a hostile, intimidating, or abusive environment, even if those acts do not involve conduct of a sexual nature; or include harassment for displaying what is perceived as a stereotypical characteristic for one's sex or for failing to conform to stereotypical notions of masculinity and femininity, regardless of the actual or perceived sex or gender of the person(s) involved.

• Hostile Environment Harassment occurs when unwelcome conduct based upon an individual's age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation or veteran status is sufficiently severe or pervasive to:
  • (For students)
    • Deny or limit a student's ability to participate in or benefit from programs or activities, or
    • Create an intimidating, threatening or abusive educational environment
  • (For Employees)
    • Create an intimidating, hostile or offensive working environment.

A Hostile Environment is determined by looking at whether the conduct is objectively offensive (i.e. a reasonable person would find it to be) and subjectively offensive (i.e. the person who is the object of the unwelcome conduct finds it to be). Below are examples and definitions of hostile environments based on sex.

Officials with Authority are limited to certain College employees who have the authority to institute corrective measures: Title IX Coordinator, Deputy Title IX Coordinator, College vice presidents, the Director of Security, the full-time Security Officer, the Dean of Students, and non-confidential employees assigned the duties of Title IX investigator.

Reporting Party is defined as the individual reporting an alleged violation under this policy, regardless of whether that person is seeking action under this policy. Only the complainant or the Title IX Coordinator can file a formal complaint under Title IX. No third-party reporting party may file a Title IX complaint, although third-party reports may be investigated under the Student Code of Conduct  or employee Progressive Disciplinary policy.

Responding party or Respondent is defined as the individual who has been alleged to have violated this policy.

Retaliation is any adverse action taken against an individual for filing a discrimination or harassment charge, testifying or participating in any way in an investigation, proceeding or lawsuit related to discrimination or harassment based on race, color, religion, creed, gender, national or ethnic origin, age, disability, veteran or active military status, genetic characteristics, or any other category protected by law.

Sexual assault is defined (under federal law 20 U.S.C. 1092(f)(6)(A)(v)) as an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation: —Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent (forcible rape, forcible sodomy, sexual assault with an object, or forcible fondling) or as unlawful, nonforcible sexual intercourse (incest, or statutory rape). In addition, the State of North Carolina defines the crimes of rape (first- and second-degree forcible and statutory) and sexual offenses (first- and second-degree forcible and statutory) in Chapter 14, Article 7B of the General Statutes. For purposes of Title IX investigations, the federal definition will apply.

Sexual contact is defined as the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

Stalking is defined (under federal law 34 U.S.C. 12291(a)(30)) as occurring when an individual engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

Title IX is a federal law stating no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Revisions: 12-12-2013 (policy), 10-24-2016, 05/20/2019, 08/13/2020 (procedure)

References:

Title II of the Americans with Disabilities Act of 1990, including changes made by ADA Amendments Act of 2000, Pub. L. 110-325.

Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112.

Title VI and Title VII of the Civil Rights Act of 1964, Pub. L. 88-352.

Title IX of the Education Amendments of 1972, Pub. L. 92-318.

34 CFR Part 106, Final rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, dated effective August 14, 2020

Age Discrimination in Employment Act of 1967, Pub. L. 90-202.

20 U.S.C. 1092(f)(6)(A)(v)

34 U.S.C. 12291(a)(8)

34 U.S.C. 12291(a)(10)

34 U.S.C. 12291(a)(30)

N.C. Gen. Stat. §14.27 et seq.

N.C. Gen. Stat. §50B