Title IX Policy

1. A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination; or
2. A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination and who was participating or attempting to participate in UNC Greensboro’s employment or education program or activity at the time of the alleged sex discrimination.

An oral or written request to UNC Greensboro that objectively can be understood as a request for UNC Greensboro to investigate and make a determination about alleged sex discrimination.

1. An employee of UNC Greensboro whose communications are privileged or confidential under Federal or state law. The employee’s confidential status, for purposes of this part, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
2. An employee of UNC Greensboro whom UNC Greensboro has designated as confidential for the purpose of providing services to persons related to sex discrimination. The employee’s confidential status is only with respect to information received about sex discrimination in connection with those services when the employee also has a duty not associated with providing those services; or
3. An employee of UNC Greensboro who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination. This confidential status is only with respect to information received while conducting the study

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.

1. Pregnancy, childbirth, termination of pregnancy, or lactation, and/or medical conditions, and/or recovery; or
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

A person who is alleged to have violated UNC Greensboro’s prohibition on sex discrimination.

Discrimination, including Sex-Based Harassment, on the basis of sex, sex stereotypes, sex characteristics, sexual orientation, gender, gender identity, and pregnancy and related conditions.

Sex-Based Harassment, is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

1. Quid pro quo harassment: An employee, agent or other person authorized by UNC Greensboro to provide an aid, benefit, or service under UNC Greensboro’s employment or education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct; or
2. Hostile environment harassment: Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from UNC Greensboro’s employment or education program or activity (i.e. creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
   • The degree to which the conduct affected the complainant’s ability to access UNC Greensboro’s employment or education program or activity;
   • The type, frequency, and duration of the conduct;
   • The parties’ ages, roles within UNC Greensboro’s employment or education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct;
   • The location of the conduct and the context in which the conduct occurred; and
   • Other sex-based harassment in UNC Greensboro’s employment or education program or activity;
3. Specific offenses:
   • a. Sexual assault: an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
   • b. Dating violence: violence committed by a person:
     • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
     • 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:
     • 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;
     • Is cohabiting, or has cohabited, with the victim as a spouse or intimate partner;
     • Shares a child in common with the victim; or
     • 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:
     • Fear for the person’s safety or the safety of others; or
     • Suffer substantial emotional distress.

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.

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.

UNC Greensboro will provide Title IX complainants with options for resolution:

1. 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.
2. Informal Resolution: In lieu of resolving a complaint through the grievance procedures, the parties may instead elect to participate in an informal resolution process.
3. 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 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.