1.PURPOSE
The purpose of this policy is to articulate The University of North Carolina at Greensboro’s (“UNC Greensboro” or the “University”) opposition to unlawful discrimination, to lay out the scope, definitions, and key roles and responsibilities associated with implementation of this policy, to outline the University’s prohibition against retaliation, and to identify the University’s enforcement protocol. This policy prohibits specific forms of discriminatory behavior that violate Title IX of the Education Amendments of 1972 and its implementing regulation (“Title IX”).
2.SCOPE
This policy applies to all UNC Greensboro students, employees (full-time, part-time, and temporary employees), and visitors. This policy pertains to acts of Sex Discrimination, including Sexual Harassment, as defined herein, committed by or against students and/or employees when the conduct occurs:
- on University premises; or
- in the context of a UNC Greensboro employment or education program or activity, including but not limited to, locations, internships, placements, events, or circumstances over which UNC Greensboro has substantial control over both the Respondent and the context in which the Sex Discrimination or Sexual Harassment occurs; or
- in any building owned or controlled by a student organization that is officially recognized by UNC Greensboro.
3.DEFINITIONS AND ROLES AND RESPONSIBILITIES
3.1DEFINITIONS
3.1.1COMPLAINANT
An individual who is alleged to be the victim of conduct that could constitute Sex Discrimination or Sexual Harassment.
3.1.2CONFIDENTIAL EMPLOYEE
3.1.2.1
Any employee who is a licensed medical, clinical, or mental-health professional (e.g., physicians, nurses, physicians’ assistants, psychologists, psychiatrists, professional counselors and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services to a patient who is a student or an employee;
3.1.2.2
Any employee providing administrative, operational, and/or related support for such health care providers in their performance of such services; or
3.1.2.3
Any employee explicitly designated as Confidential by the University.
3.1.3CONSENT
Informed (knowing), voluntary (freely given), active (not passive), meaning that, through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity. Consent cannot be gained by taking advantage of the incapacitation of another and it cannot be obtained by force, including physical violence, threats, intimidation, and/or coercion. Consent, while applicable to students and employees alike, is more thoroughly explained in the Student Code of Conduct.
3.1.4FORMAL COMPLAINT
A document filed by a Complainant or signed by the Title IX Coordinator alleging Sex Discrimination or Sexual Harassment against a Respondent and requesting that UNC Greensboro investigate the allegation of Sex Discrimination or Sexual Harassment. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in UNC Greensboro’s education program. A Formal Complaint may be filed with the Title IX Coordinator by submitting an online form after meeting with the Title IX Coordinator, or their designees, or by submission of a signed document in person, by email, or by electronic mail, by using the contact information listed for the Title IX Coordinator.
3.1.5OFFICIAL WITH AUTHORITY
Any employee explicitly designated as an Official with Authority by the University given their authority to institute corrective measures (e.g. Deans, Associate Deans, Department Heads, Directors, Associate Directors, Lecturers, Faculty).
3.1.6PREGNANCY AND RELATED CONDITIONS
Student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.
3.1.7RESPONDENT
A person who is alleged to have violated UNC Greensboro’s prohibition on Sex Discrimination.
3.1.8SEXUAL HARASSMENT
Sexual Harassment, as defined by 34 C.F.R. 106.30, is conduct on the basis of sex that satisfies one or more of the following:
(1) An employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct; or
(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to UNC Greensboro’s education program or activity;
(3) Specific offenses:
(a) Sexual assault: an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
(b) Dating violence: violence committed by a person:
i. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
ii. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
1. The length of the relationship;
2. The type of relationship; and
3. The frequency of interaction between the persons involved in the relationship;
(c) Domestic Violence: a felony or misdemeanor crime committed by a person who:
i. Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of North Carolina, or a person similarly situated to a spouse of the victim;
ii. Is cohabiting, or has cohabited, with the victim as a spouse or intimate partner;
iii. Shares a child in common with the victim; or
iv. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of North Carolina; or
(d) Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
i. Fear for the person’s safety or the safety of others; or
ii. Suffer substantial emotional distress.
3.2ROLES AND RESPONSIBILITIES
3.2.1TITLE IX COORDINATOR
The employee responsible for coordinating UNC Greensboro’s efforts to comply with UNC Greensboro’s responsibilities under Title IX. The Title IX Coordinator oversees the dual investigation model, to the extent determined necessary by the Title IX Coordinator.
3.2.2TITLE IX INVESTIGATOR(S)
Official(s) appointed to investigate an alleged violation of this policy. Officials serving as Title IX Investigators may include both external individuals and employees. For matters involving staff employees, Human Resources may designate an employee to assist with the investigation. For matters involving faculty employees, the Office of the Provost may designate an employee to assist with the investigation.
3.2.3TITLE IX OFFICE RESPONSE
UNC Greensboro will provide complainants with options for resolution:
- Supportive Measures: Non-disciplinary, non-punitive individualized services offered to parties to restore or preserve that party’s access to UNC Greensboro’s employment or education program or activity or provide support during UNC Greensboro’s Title IX grievance procedures or informal resolution process.
- Informal Resolution: In lieu of resolving a complaint through the grievance procedures, the parties may instead elect to participate in an informal resolution process.
- Title IX Grievance Procedure: UNC Greensboro will provide for an adequate, reliable, and impartial investigation of complaints. The burden is on UNC Greensboro — not on the parties — to conduct an investigation that gathers sufficient evidence to determine whether Sex Discrimination or Sexual Harassment occurred. Following an investigation, the Title IX Office and/or their designee, will forward the Investigation Report to the Office of Student Rights and Responsibilities, Human Resources, and/or the Office of the Provost, depending on the respondent’s affiliation with the University, for evaluation of the evidence.
4.POLICY
UNC Greensboro does not discriminate on the basis of sex and prohibits Sex Discrimination, including Sexual Harassment, discrimination based on Pregnancy and Related Conditions, and retaliation, in any employment or education program or activity that it operates, as required by Title IX, including in admission and employment.
4.1RETALIATION PROHIBITED
No student, employee, or visitor may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured under this 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.
Charging an individual with a UNC Greensboro policy violation for making a materially false statement in bad faith in the course of a Title IX grievance procedure under this policy does not constitute retaliation, provided that a determination regarding responsibility for allegations in the underlying Title IX grievance procedure, in and of itself, is not sufficient to conclude that any party made a materially false statement in bad faith.
4.2REPORTING REQUIREMENTS
Current reporting requirements, defined by role, are available at titleix.uncg.edu.
4.2.1CONFIDENTIAL EMPLOYEE
Confidential Employees must explain, when receiving information from reporting parties, that they will not disclose information about Sex Discrimination or Sexual Harassment to the University’s Title IX Coordinator without permission of the reporting party. Confidential Employees will share the Title IX Coordinator’s contact information with the reporting party.
4.2.2OFFICIAL WITH AUTHORITY
Officials with Authority are required to report all known information, including identifying details, about Sexual Harassment to the Title IX Coordinator, regardless of permission from the reporting party.
4.2.3ALL OTHER EMPLOYEES
All employees who are not designated as Confidential Employees or Officials with Authority are encouraged, but not required, to:
- Notify the Title IX Coordinator when they have information about conduct that reasonably may constitute Sex Discrimination; and
- Provide the contact information for the Title IX Coordinator to anyone reporting information about conduct that reasonably may constitute Sex Discrimination.
4.3ANNUAL MANDATORY TRAINING
Training will be offered to all students, faculty, and staff. At minimum, all Officials with Authority and Confidential Employees must be trained annually on:
- UNC Greensboro’s obligation to address Sex Discrimination in its education program or activity;
- The scope of conduct that constitutes Sex Discrimination under Title IX, including the definition of Sexual Harassment; and
- All applicable notification and information requirements.
4.4NCAA COMPLIANCE
UNC Greensboro complies with the NCAA (National Collegiate Athletics Association) Board of Governors Policy on Campus Sexual Violence. All NCAA student-athletes must disclose any conduct that resulted in discipline through either a Title IX proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence. Transfer student-athletes must also disclose whether a Title IX proceeding was incomplete at the time of transfer. Failure to make a full and accurate disclosure could result in penalties, including loss of scholarship, inability to participate in athletics, and retraction of admission. Student-athletes with serious misconduct offenses may also be subject to penalties, at the discretion of UNC Greensboro.
5.COMPLIANCE AND ENFORCEMENT
The Office of Institutional Integrity and General Counsel, the Office of the Provost, and Human Resources, in cooperation with other UNC Greensboro administrators, will enforce this policy, and establish standards, procedures, and protocols in support of the policy.
Students who violate this policy may be subject to the Student Code of Conduct and related disciplinary action. Employees who violate this policy may be subject to disciplinary action subject to the employee’s status (i.e. SHRA, EPS Non-faculty, faculty, etc.). For a description of UNC Greensboro’s procedures, see titleix.uncg.edu.
6.ADDITIONAL INFORMATION
6.1SUPPORTING DOCUMENTS
6.2RELATED POLICIES AND RESOURCES
6.3APPROVAL AUTHORITY
Chancellor
6.4CONTACTS FOR ADDITIONAL INFORMATION AND REPORTING
Responsible Executive: Vice Chancellor for Institutional Integrity and General Counsel
Phone number: 336.256.0531; Location: Mossman Administration Building
Responsible Administrator: Title IX Coordinator (titleix@uncg.edu)
Phone Number: 336.256.0422; Location: 238 Elliott University Center
6.5CONCERNS
Concerns about UNC Greensboro’s application of Title IX may be addressed to the Title IX Coordinator by email titleix@uncg.edu, by phone 336.256.0422, or in person at 238 Elliott University Center and/or to the United States Department of Education, Office for Civil Rights at OCR@ed.gov or (800) 421-3481.
Revisions
| Revision Date | Revision Summary |
|---|---|
| 08/10/2020 | Replaced Policy on Sexual and Gender-Based Harrassment, Sex Discrimination, and Other Forms of Interpersonal Violence |
| 08/22/2022 | Revised to recognize resources and support for pregnant and parenting students; and to be consistent with Policy template |
| 08/01/2024 | Revised and Updated to Conform with Updated Federal Regulations |
| 04/28/2025 | Revised and Updated to Conform with Updated Federal Regulations |