Sexual and Gender-Based Harassment Under Title IX

2.J.1 – Sexual and Gender-Based Harassment Under Title IX

Applicable to events reported to have occurred between August 14, 2020 and July 30, 2024.

Vance-Granville Community College (“VGCC” or “the College”) is committed to providing a learning and working environment, as well as other benefits, programs, and activities, that promotes respect, responsibility, communication, collaboration, critical thinking, and accountability in an environment free of sexual misconduct, sexual harassment, and retaliation for engaging in a protected activity. VGCC values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all involved.

Under Title IX of the Education Amendments Act of 1972, 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. Title VII offers similar protections for employees. VGCC strictly prohibits all forms of sex and gender-based harassment, including sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking and sexual exploitation, as well as retaliation against a person for the good faith reporting of any of these forms of conduct or participation in any investigation or proceeding under this Policy (collectively, “Prohibited Conduct”).

VGCC deems sexual harassment, sexual misconduct, and sexual discrimination in all forms to be serious offenses. To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the education program or activity, VGCC has developed policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of sex, and for allegations of retaliation.

This Policy applies to all incidents of Prohibited Conduct occurring on or after the effective date of this Policy. Where the date of the Prohibited Conduct precedes the effective date of this Policy, the definitions of misconduct in existence at the time of the alleged incident(s) will be used. The procedures under this Policy, however, will be used to investigate and resolve all reports made on or after the effective date of this Policy, regardless of when the incident(s) occurred.

Please review Appendix A for definitions of terms used throughout this policy.

Jurisdiction

This Policy applies to acts of prohibited conduct committed by or against Students, Employees, and Third Parties when:

1. The conduct occurs on College property or other property owned or controlled by the College;
2. The conduct occurs in the context of a College employment or education program or activity (including cooperative employment), including but not limited to, College-sponsored study abroad, research online, or internship programs; or
3. The conduct occurs outside the context of a College employment or education program or activity but has continuing adverse effects on or creates a hostile environment for students, employees, or third Parties while on College property or other property owned or controlled by the College or in any College employment or education program or activity, including cooperative employment.

Regardless of where the conduct occurred, the College will address notice/complaints to determine whether the conduct occurred in the context of its employment or education program or activity and/or has continuing effects on campus (including virtual learning and employment environments) or in an off-campus sponsored program or activity, thereby affecting a substantial College interest, which includes:

1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law. ¹
2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.
3. Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder.
4. Any situation that substantially interferes with the educational interests or mission of the College.

Applicable Scope

The core purpose of this Policy is the prohibition of sexual harassment and retaliation. When an alleged policy violation is reported, the allegations are subject to resolution using the College’s procedures below or outlined in the EEO/Affirmative Action/Nondiscrimination Statement,² as determined by the Title IX Coordinator, and as detailed below.

When the Respondent is a member of the College community, a Formal Complaint may be filed and a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the College community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, vendors, contractors, invitees, and campers. The procedures below may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed and investigated in accordance with this Policy.

The College recognizes that reports and/or Formal Complaints under this Policy may include violations of other College policies; may involve various combinations of students, employees, and other members of the College community; and may require the simultaneous attention of multiple College departments. Accordingly, all College departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable College policies, to provide uniform, consistent, efficient, and effective responses to alleged sexual harassment or retaliation.

Complaints may also be submitted about retaliatory acts under Title IX. VGCC also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process internal or external to the institution. Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by VGCC policy.

Any person may report sex discrimination (whether or not the person reporting is the person alleged to have experienced the conduct), in person, by mail, by telephone, by video, or by email, using the contact information listed for the Title IX Coordinators (below). A report may be made at any time (including during non-business hours) by submitting the following forms:

For Students – Sexual Misconduct Student Report Form

Dr. Antonio Jordan
Dean of Students, Equity, Retention & Success
Student Conduct Officer / Title IX Coordinator
Office of the Dean of Students
VGCC Main Campus, Building 8
200 Community College Drive, Henderson, NC 27536
252-738-3405
[email protected]

For Employees – Sexual Misconduct Employee Report Form

Kevin Tompkins
Executive Director, Human Resources
Title IX Coordinator
Human Resources
VGCC Main Campus, Building 1
200 Community College Drive, Henderson, NC 27536
252-738-3440
[email protected]
[email protected]

Questions regarding Title IX, including its application and/or concerns about noncompliance, should be directed to the Title IX Coordinators. For a complete copy of the Policy or for more information, please visit https://www.vgcc.edu/title-ix/ or contact the Title IX Coordinators.

Sexual Harassment Policy Statements and Definitions

The College adheres to all federal, state, and local civil rights laws and regulations prohibiting discrimination in private higher education institutions. Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discriminatory harassment. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial, or sensitive subject matters protected by academic freedom.

The sections below describe the specific forms of unlawful harassment that are also prohibited under the College’s policy. When speech or conduct is protected by academic freedom and the First Amendment, it will not be considered a violation of the College’s Policy, though supportive measures will be offered to those impacted. All offense definitions encompass actual and/or attempted offenses.

Upon receiving a report, the College will begin an investigation which will include providing supportive measures, informing the complainant of grievance process options, and providing a fair and timely grievance process.

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of North Carolina regard sexual harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice.

The College has adopted the following definition of sexual harassment in order to address the unique environment of an academic community.

Policy Definitions

Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved. Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:

Conduct on the basis of sex,³ or that is sexual in nature, that satisfies one or more of the following:

Quid Pro Quo

1. an employee of the College,
2. conditions⁴ the provision of an aid, benefit, or service of the College,
3. on an individual’s participation in unwelcome sexual conduct.

Sexual Harassment

1. unwelcome conduct,
2. determined by a reasonable person,
3. to be so severe, and
4. pervasive, and,
5. objectively offensive,
6. that it effectively denies a Complainant equal access to the College’s education program or activity.⁵

Sexual Assault, defined as:

1. Any sexual act⁶ directed against a Complainant,⁷
   • without their consent, or
   • instances in which the Complainant is incapable of giving consent.⁸
2. Incest:
   • Non-forcible sexual intercourse,
   • between persons who are related to each other,
   • within the degrees wherein marriage is prohibited by North Carolina state law.
3. Statutory Rape:
   • Non-forcible sexual intercourse,
   • with a person who is under the statutory age of consent of 16 (sixteen) years of age.

Dating Violence, defined as:

• violence,
• on the basis of sex,
• committed by a person,
• who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
  • The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
    • 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.

Domestic Violence,⁹ defined as:

• violence,
• on the basis of sex,
• committed by a current or former spouse or intimate partner of the Complainant,
• by a person with whom the Complainant shares a child in common, or
• by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
• by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of North Carolina, or
• by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws North Carolina.

Stalking, defined as:

• engaging in a course of conduct,
• on the basis of sex,
• directed at the Complainant, that
  1. would cause a reasonable person to fear for the person’s safety, or
  2. the safety of others; or
  3. Suffer substantial emotional distress.

For the purposes of this definition—

• Course of conduct means two or more acts, including, but not limited to acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

The College reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this Policy. The most serious offenses are likely to result in suspension/expulsion/termination.

As used in the offenses above, the definitions and concepts outlined in Appendices D and G apply.

Retaliation

Protected activity under this Policy includes reporting alleged misconduct that may implicate this Policy, participating in the Grievance Process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. VGCC will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.

VGCC and any member of the College’s community are prohibited from taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, 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 under this Policy and procedure.

Filing a complaint under EEO Affirmative Action/Nondiscrimination Statement could be considered retaliatory if those allegations could be subject to this Policy and procedure, when the EEO/Affirmative Action/Nondiscrimination Statement allegations are made for the purpose of interfering with or circumventing any right or privilege provided afforded within this Policy and procedure that is not provided by EEO/Affirmative Action Nondiscrimination Statement. Therefore, the College carefully vets all complaints to ensure this does not happen, and to ensure that complaints are routed to the appropriate process. The exercise of rights protected under the First Amendment does not constitute retaliation.

Pursuing a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy and procedure does not constitute retaliation, provided that the determination of responsibility, by itself, is not sufficient to
conclude that any party has made a materially false statement in bad faith.

Grievance Processes

Each set of procedures referenced in the attached Appendices is guided by the same principles of fairness and respect for all Parties. Resolution proceedings are private, and all persons present at any time during the Grievance Process are expected to maintain the privacy of the proceedings in accordance with the College’s Rules of Decorum.

Any Party may request Alternative Resolution in place of Formal Resolution. The Title IX Coordinator, however, has the discretion to determine whether Alternative Resolution is appropriate. Resolution proceedings are private. All persons present at any time during the Grievance Process are expected to maintain the privacy of the proceedings in accordance with College policy.

The College’s Title IX Coordinator will determine how to process complaints against student employees based upon the facts and circumstances of the complaint (such as which role predominates in the context of the Prohibited Conduct), and the Respondent may be subject to sanctions applicable to students or employees.

The College’s ability to take appropriate corrective action against a Third Party will be determined by the nature of the relationship of the Third Party to the College. The Title IX Coordinator will determine the appropriate manner of resolution consistent with the College’s commitment to a prompt and equitable process consistent with federal law, federal guidance, and this Policy.

Formal Resolution

The Formal Grievance Processes (Appendix B), are the College’s primary resolution approaches to complaints filed against College community members, unless Alternative Resolution is elected, in-writing, by all Parties and the College. A grievance process may be available regardless of the status of the Complainant.10

The resolution procedures designate specific timeframes for major stages of the process and provide for thorough and impartial investigations that afford all Parties notice and an opportunity to present witnesses and evidence, and to view the information that will be used in determining whether a policy violation has occurred.

Informal Resolution

The Informal Resolution (Appendix C) process is voluntary, and must be agreed upon, in-writing, by all Parties and the College. The College will not force a Complainant or Respondent to engage in Alternative Resolution or to directly confront each other. The College will allow a Complainant or Respondent to withdraw from Alternative Resolution at any time prior to signing the agreement. Alternative Resolutions are typically completed within thirty (30) days.

Three options for Informal Resolution are detailed in this section.

1. Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation.
2. Alternative Resolution. When the parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below, often before a formal investigation takes place.
3. Accepted Responsibility. When the Respondent accepts responsibility for violating policy, and desires to accept the recommended sanction(s) and end the Grievance Process.

Confidentiality/Privacy

Every effort is made by the College to preserve the confidentiality of reports. VGCC will not share the identity of any individual who has made a report or Formal Complaint of sexual harassment or retaliation; any Complainant; any individual who has been reported to be the perpetrator of sexual harassment or retaliation; any Respondent; or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA)¹¹ or its implementing regulations,¹² or as required by law; or to carry out the purposes of 34 C.F.R. Part 106, including any investigation, hearing, or grievance proceeding arising under these policies and procedures.

The College reserves the right to determine which College officials have a legitimate educational interest in being informed about incidents that fall under this Policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Confidentiality and mandated reporting are addressed more specifically in Appendix E.

Reporting Options

There are multiple channels for reporting Prohibited Conduct. Complainants may report to the College’s Title IX Coordinator, a Mandated Reporter, and/or to law enforcement. These reporting options are not exclusive. Complainants may simultaneously pursue criminal and administrative action, and the Title IX Coordinator will support Complainants in understanding and assessing these options.

Law Enforcement

Complainants have the right to notify or decline to notify law enforcement. Law enforcement agencies have the power to seek and execute search warrants, collect forensic evidence, make arrests, and assist in seeking Emergency Protective Orders. Although a police report may be made at any time, Complainants should be aware that a statute of limitations may apply to certain crimes in Michigan. The College will assist Complainants in notifying law enforcement if they choose to do so.

Emergencies: Call 911

Non-Emergencies

Campus Security/Police:

• Main Campus: (252) 438-0446
• South Campus: (919) 725-0067
• Franklin Campus: (919) 497-6509
• Warren Campus: (252) 213-2953

County Contacts:

• Franklin County Non-Emergency Number (919) 496-2511
• Vance/Henderson Non-Emergency Number (252) 492-0202
• Granville County Non-Emergency Number (919) 690-0444
• Warren County Non-Emergency Number (252) 257-3456

The College

Complainants have the right to notify or decline to notify the College. A Formal Complaint to the Title IX Coordinator may initiate a grievance process. There is no time limitation on providing notice/complaints to the Title IX Coordinator; however, the College’s ability to respond may diminish over time, as evidence may erode, memories may fade, and Respondents may no longer be affiliated with the College.

If the Respondent is no longer a student or an Employee, the College will provide reasonably appropriate remedial measures, assist the Complainant in identifying external reporting options, and take reasonable steps to eliminate Prohibited Conduct, prevent its recurrence,
and remedy its effects.

Notice or complaints of sexual harassment or retaliation may be made using any of the following options:^{13, 14}

1. File a report or Formal Complaint with, or give verbal notice to, the Title IX Coordinator identified below. Such a report or Formal Complaint may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail, to the office listed for the Title IX Coordinator.
2. Report online, using the reporting form for students or employees.

Title IX Coordinator Contact Information

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this Policy and procedures, may be made internally to the following individuals:

For Students: Dr. Antonio Jordan
Dean of Students, Equity, Retention & Success
Student Conduct Officer / Title IX Coordinator
Office of the Dean of Students
VGCC Main Campus, Building 8
200 Community College Drive, Henderson, NC 27536
252-738-3405
[email protected]

For Employees: Kevin Tompkins
Executive Director, Human Resources
Title IX Coordinator
Human Resources
VGCC Main Campus, Building 1
200 Community College Drive, Henderson, NC 27536
252-738-3440
[email protected]

Inquiries may be made externally to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: [email protected]
Web: www.ed.gov/ocr

For complaints involving employee-on-employee conduct, please contact the Equal Employment Opportunity Commission (EEOC):

EEOC Headquarters
131 M Street, NE
Washington, DC 20507
1-800-669-6820 (TTY)
1-844-234-5122 (ASL Video Phone)

Raleigh Area Office
434 Fayetteville Street, Suite 700
Raleigh, NC 27601
Phone: 1-800-669-4000
Fax: 919-856-4151
TTY: 1-800-669-6820
ASL Video Phone: 844-234-5122

Mandated Reporting

A “Mandated Reporter” is any College Employee who is not a Confidential Employee and therefore mandated to report actual or suspected Prohibited Conduct to the Title IX Coordinator. A Mandated Reporter is required to report all relevant details (obtained directly or indirectly) about an incident of Prohibited Conduct that involves any student, employee, or Third Party as a Complainant, Respondent, and/or witness, including dates, times, locations, and names of Parties and witnesses. Disclosures at public awareness events (e.g., “Take Back the Night”) and certain research-based disclosures (i.e., where a student is a subject in an Institutional Review Board-approved human subjects research protocol) will not trigger a mandated report of Prohibited Conduct, although such disclosures may inform the need for community-wide education and prevention efforts.

All VGCC community members are encouraged to report actual or suspected Prohibited Conduct; however, only College employees (faculty, staff, and administrators), with the exception of confidential employees, are required to report actual or suspected Prohibited Conduct to the Title IX Coordinator, immediately At the request of a Complainant, notice may be given anonymously (i.e., without identification of the Complainant) to the Title IX Coordinator by a Mandated Reporter. The Mandated Reporter cannot remain anonymous themselves.

If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Title IX Coordinator on that assessment without revealing personally identifiable information.

Anonymous notice will be investigated by the Recipient to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notice typically limits the Recipient’s ability to investigate, respond, and provide remedies, depending on what information is shared.

When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Title IX Coordinator. Mandated reporters may not be able to maintain requests for anonymity for Complainants who are minors, elderly, and/or disabled, depending on state reporting of abuse requirements.

Mandated Reporters and Formal Notice/Complaints

All VGCC employees (including student employees), with the exception of those who are designated as External Providers, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.

Employees must also promptly share all details of behaviors under this Policy that they observe or have knowledge of, even if not reported to them by a Complainant or third party.

Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.

Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from the College.

Supportive measures may be offered as the result of such disclosures without formal College action.

Failure of a Mandated Reporter, as described above in this section, to report an incident of sexual harassment or retaliation of which they become aware is a violation of this Policy and can be subject to disciplinary action for failure to comply/failure to report.

Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this Policy, they still have a duty to report their own misconduct, though the College is technically not on notice simply because a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.

Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

Advisors

Parties may have an Advisor of their choice present with them for all meetings, interviews (including Alternative Resolution proceedings), and hearings within the Grievance Process, and assist them to prepare for such meetings. Parties have the right to choose not to have an Advisor in the initial stages of the Grievance Process, prior to a hearing.

The Title IX Coordinator will also offer to assign a trained Advisor to any party if the party so chooses. Parties also have the right to choose not to have an Advisor in the initial stages of the Grievance Process, prior to a hearing, but must have their own or college-provided advisor at a hearing.

Please see Appendix J to review all rights available to parties.

Who Can Serve as an Advisor

The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the Resolution Process. The parties may choose Advisors from inside or outside of the College community.

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict of interest. A Party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker(s).

Resources and Support Services

The College offers a wide range of resources for both students and employees, whether as Complainants or Respondents, regardless of whether a Formal Complaint is filed, for support and guidance in response to any report of Prohibited Conduct. Parties should consult with the Title IX Coordinator for information related to accessing College and community resources, including emergency and ongoing assistance; health, mental health, advocacy services; options for reporting to the College and/or law enforcement; and available support with academics, housing, and employment.

External Providers

The College offers access to external providers for persons who are unsure about whether to report Prohibited Conduct or are seeking counseling or other emotional support in addition to (or without) making a report to the College. If a Party would like the details of an incident to be kept confidential, the Complainant may speak with:

• Counseling through the Student Assistance Program (SAP)
• Counseling through the Employee Assistance Program (EAP)
• Community-based (non-employees):
  • Licensed professional counselors and other medical providers
  • Local rape crisis counselors
  • Domestic violence resources
  • Local or state assistance agencies
  • Clergy/Chaplains
  • Attorneys

All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, professional credentials, or official designation, except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, or individual with a disability, or when required to disclose by law or court order. Employees who have confidentiality as described above, and who receive reports within the scope of their confidential roles will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, patient, or parishioner.

Anonymous Notice to Mandated Reporters

At the request of a Complainant, notice may be given anonymously (i.e., without identification of the Complainant) to the Title IX Coordinator by a Mandated Reporter. The Mandated Reporter cannot remain anonymous themselves.

If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Title IX Coordinator on that assessment without revealing personally identifiable information.

Anonymous notice will be investigated by the Recipient to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notice typically limits the Recipient’s ability to investigate, respond, and provide remedies, depending on what information is shared.

When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Title IX Coordinator. [Mandated reporters may not be able to maintain requests for anonymity for Complainants who are minors, elderly, and/or disabled, depending on state reporting of abuse requirements.

Supportive, Remedial, and Protective Measures

VGCC will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sexual harassment or retaliation. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. They are offered without fee or charge to the Parties to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all Parties and/or the College’s educational environment and/or to deter harassment, discrimination, and/or retaliation.

The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the College will inform the Complainant, in writing, that they may file a Formal Complaint with the College either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

The College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. VGCC will act to ensure as minimal an academic/occupational impact on the parties as possible. The College will implement measures in a way that does not unreasonably burden the other party.

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Providing transportation assistance
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non-Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no-contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing complaint under this Policy.

The College will provide reasonable remedial and protective measures to Third Parties as appropriate and available, taking into account the role of the Third Party and the nature of any contractual relationship with the College.

Amnesty

The VGCC community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to College officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the College community that Complainants choose to report misconduct to College officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process.

To encourage reporting and participation in the process, VGCC maintains a policy of offering parties and witnesses amnesty from minor policy violations–such as underage consumption of alcohol or the use of illicit drugs–related to the incident.

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty–the incentive to report serious misconduct–is rarely applicable to Respondent with respect to a Complainant.

Recordkeeping

The College will maintain any and all records in accordance with state and federal laws. The College will also maintain for a period of at least seven years following the conclusion of the Grievance Process, records of:

• Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation.
• Any disciplinary sanctions imposed on the Respondent
• Any remedies provided to the Complainant designed to restore or preserve equal access to the College’s education program or activity
• Any appeal and the result therefrom
• Any Informal Resolution and the result therefrom
• All materials used to train Title IX Coordinators, Investigators, Decision-makers, and any person who facilitates an Informal Resolution process. College will make these training materials publicly available on College’s website
• Any actions, including any supportive measures, taken in response to a report or Formal Complaint of sexual harassment, including:
  1. The basis for all conclusions that the response was not deliberately indifferent
  2. Any measures designed to restore or preserve equal access to the College’s education program or activity
  3. If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances

Revised September 16, 2024

Based on policy and procedures created by ATIXA © 2024. Used with contractual permission by Vance-Granville Community College.

APM 2J1 Appendices and Procedures (PDF)

¹ This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
² Conduct occurring before August 14, 2020 can be resolved using EEO/Affirmative Action/Nondiscrimination Statement.
³ Including gender identity, gender expression, sexual orientation, and sex stereotypes.
⁴ Implicitly or explicitly.
⁵ Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced. This definition is broad enough to potentially encompass forms of sex-based disparate treatment, even if not harassing in nature.
⁶ A ‘sexual act” is specifically defined by federal regulations to include one or more of the following:

• Rape:Penetration by the Respondent, no matter how slight, of the vagina or anus of the Complainant with any body part or object, or oral penetration by a sex organ of Respondent,
• without consent,
• including instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.”

Fondling:

• The touching of the private body parts of the Complainant (buttocks, groin, breasts),
• for the purpose of sexual gratification,
• forcibly, and/or
• against their will (non-consensually), or
• not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

⁷ This would include having another person touch you sexually, forcibly, and/or without their consent.
⁸ This definition set is not taken from NIBRS verbatim. ATIXA has substituted Complainant for “victim,” has removed references to his/her throughout, has defined “private body parts,” has removed the confusing and unnecessary term “unlawfully,” and has inserted language clarifying that the College interprets “against the person’s will” to mean “non-consensually.” These are liberties ATIXA thinks are important to take with respect to the federal definitions, but users should consult legal counsel before adopting them.
⁹To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
¹⁰ Informal Resolution of complaints is not available when the Complainant is a student, and the Respondent is an employee.
¹¹ 20 U.S.C. 1232g
¹² 34 C.F.R. § 99
¹³ Anonymous reports are accepted but can give rise to a need to investigate to determine if the parties can be identified. If not, no further formal action is taken, though measures intended to protect the community may be enacted. The College tries to provide supportive measures to all Complainants, which may be impossible with an anonymous report that does not identify the Complainant.
¹⁴ Because reporting carries no obligation to initiate a formal response, and because the College respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety, the Complainant is largely in control and should not fear a loss of confidentiality by making a report that allows the College to discuss and/or provide supportive measures.