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Violence Against Women Act
History of the Violence Against Women Act
The Violence Against Women Act (VAWA) §304.
VAWA was originally enacted in 1994 to address concerns with violent crimes and violence against women. The goals of VAWA are to prevent violent crimes, respond to the needs of crime victims, learn more about crime, and change public attitudes through a collaborative effort made by a variety of organizations and systems. In 2013, President Obama signed the Violence Against Women Reauthorization Act, which, among many provisions, amended sections of the 1990 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).
VAWA requires the College to Maintain statistics about the number of incidents of dating violence, domestic violence, sexual assault, and stalking that meet the specific definition of those terms. VGCC’s Annual Security Report provides information about violence against women and other forms of violence at the College. VAWA also requires the College to provide prevention and awareness programs and prompt, fair and impartial disciplinary proceedings to resolve sexual misconduct incidents.
If you are experiencing an Emergency:
- Call Local Police by dialing 911. You may also call the closest local police department’s non-emergency line:
- 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
- Call Campus Security
- Franklin Campus
- Office Number: (252) 738-3634, or Ext. 3634
- Cell Number: (919) 497-6509
- Henderson (Main) Campus
- Office Number: (252) 738-3373, or Ext. 3373
- Cell Number: (252) 438-0446
- South Campus
- Office Number: (252) 738-3543, or Ext. 3543
- Cell Number: (919) 725-0067
- Warren Campus
- Office Number: (252) 738-3693, or Ext. 3693
- Cell Number: (252) 213-2953
- Franklin Campus
- Go to a Safe Location as soon as you are able.
- Seek immediate medical attention if you are injured, believe you may have been exposed to the risk of an STI/STD, or pregnancy.
For Immediate Assistance on Campus
Contact any of the following for immediate assistance on campus during regular business hours (Monday – Thursday 8:00am – 5:00pm; Friday 8:00am – 3:00pm):
Students
Dr. Antonio Jordan, Title IX Coordinator and Dean of Students
(252) 738-3405
Counseling, Accessibility and Support Services
Office: (252) 738-3350
Email: [email protected]
Office Location: South Campus
Employees
Kevin Tompkins, Title IX Coordinator and Executive Director Human Resources
(252) 738-3440
Definitions
Dating Violence
Violence, on the basis of sex, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, they type of relationship, and the frequency of interaction between the person involved in the relationship.
For the purposes of this definition:
- The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, they type of relationship, and the frequency of interaction between the person involved in the relationship.
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
For the purposes of complying with the requirements of this section and 34 CFR 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
In North Carolina, dating violence includes the criminal offense of Violation of a Domestic Violence Protection Order (NCGS 50B-4.1).
Domestic Violence
Violence committed on the basis of sex by:
- a current or former spouse or intimate partner of the victim;
- a person with whom the victim shares a child in common;
- a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
- a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
- 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 which the crime of violence occurred.
For the purposes of complying with the requirements of this section and 34 CFR 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
In North Carolina, Domestic Violence includes the following criminal offenses: Simple Assault (NCGS 14-33(a), Assault inflicting Serious Injury (NCGS 14-33(c)(1), Assault on a Female (NCGS 14-33(c)(2), Assault by Pointing a Gun (NCGS 14-34) or Violation of a Domestic Violence Protection Order (NCGS 50B-4.1).
Sexual Assault
A sexual assault offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, A sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
- Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Fondling: The touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
Sexual Assault in the State of North Carolina includes the following criminal offenses: Forcible Rape (NCGS 14-27.2/NCGS 14-27.3), Statutory Rape, (NCGS 14-27.2(a)(1)/NCGS 14-27.7A) Forcible Sexual Offense (NCGS 14-27.4/NCGS 14-27.5), Statutory Sexual Offense (NCGS 14-27.4 (a)(1) NCGS 14-27.7A(a)), Sexual Activity by a Substitute Parent/by a Custodian/with a Student (NCGS 14-27.7), Indecent Liberties with a Child/between Children/with a Student (NCGS 14-202.1/NCGS 14-202.2/NCGS 14-202.4), Sexual Battery (NCGS 14-27.5A), Solicitation of a Child by Computer to Commit an Unlawful Sex Act (NCGS 14-202.3).
Sexual Exploitation
One person taking non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.
Stalking
Engaging in a course of conduct on the basis of sex 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.
For the purposes of this definition:
- Course of conduct means two or more acts, including, but not limited to, acts which the stalker 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 victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
For the purposes of complying with the requirements of this section and 34 CFR 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
In North Carolina, stalking includes the following criminal offenses: Stalking (NCGS 14-277.3), Cyberstalking (NCGS 14-196.3) and Violation of a Domestic Violence Protective Order (NCGS 50B-4.1).
Reporting Sexual Misconduct
Any person may report concerns related to sexual misconduct to a Title IX Coordinator or VGCC employee. When reports are brought to the attention of VGCC Employees or Title IX Coordinators, or when these individuals suspect that sexual misconduct may be present, Coordinators are required to initiate and oversee timely investigations. Following a sexual misconduct incident, VGCC students and employees can choose how to proceed. Options for next steps are:
- Do nothing until you are ready
- Initiate a criminal case against the perpetrator
- Initiate a civic process against the perpetrator
- Seek resolution by VGCC – Those wishing to seek resolution by the College can ask any VGCC employee for assistance or contact the individuals below who will explain VGCC procedures:
- Employees
- Kevin Tompkins, Title IX Coordinator and Executive Director Human Resources, (252) 738-3440
- Students
- Dr. Antonio Jordan, Title IX Coordinator and Dean of Students, (252) 738-3405
- Employees
Options for Resolution Include
- informal resolution
- a formal complaint
- supportive measures
VGCC faculty and staff may pursue any combination of options best for them.
Note: All VGCC employees are required to report sexual misconduct. This means they are required to share information that you have disclosed to them with the Title IX Coordinator. This does not obligate you to any formal involvement. The Title IX Coordinator will simply offer support and the opportunity to file a formal complaint. You may request, however, that your identity remain anonymous. Your identity will be kept anonymous unless it is reasonable to believe that a compelling threat to health or safety may exist. The VGCC employee cannot remain anonymous themselves.
Those wishing to confidentially discuss a sexual misconduct incident should contact either the Student Assistance Program or the Employee Assistance Program by calling 704-529-1428 or 800-633-3353.
Formal Complaints
When a formal complaint is filed, Coordinators provide supportive measures to all parties and communicate updates regarding the investigation to the complainant and the respondent. In responding to a complaint, VGCC cannot deprive an individual of their rights guaranteed under the U.S. Constitution.
Use the links below to file a formal complaint:
The College strives to complete investigations of formal complaints within 30 days from the date the complaint is filed. If needed, an investigation timeline can be extended to ensure thorough consideration of all evidence. All faculty and staff are required to cooperate fully, truthfully, and expediently with investigations. In all investigations, the College maintains confidentiality to the fullest extent permitted by law and documents and retains records of all sexual misconduct reports and investigations.
VGCC Resolution Process
When an allegation of sexual misconduct is made, VGCC will:
Promptly contact the complainant through a Title IX Coordinator to discuss the availability of supportive measures, taking into consideration the complainant’s wishes with respect to supportive measures. Supportive measures are available whether or not the complainant decides to file a formal complaint. The Coordinator will explain to the complainant the process for filing a formal complaint and obtain voluntary, written permission before using any kind of informal resolution process.
Should the complainant decide to pursue a formal complaint, a fair and timely grievance process will:
- Give both parties written notice of the allegations, an equal opportunity to select an advisor of the party’s choice, and an equal opportunity to submit and review evidence throughout the investigation;
- Thoroughly and impartially investigate the allegation through trained Title IX personnel;
- Protect parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological, or similar treatment records during a grievance process;
- Apply a presumption that the respondent is not responsible during the grievance process so that the College bears the burden of proof and the standard of evidence is applied correctly. VGCC uses the ‘preponderance of the evidence standard’ in all investigations;
- Provide a live hearing and allow cross-examination by party advisors;
- Protect all complainants from inappropriately being asked about prior sexual history;
- Send both parties a written determination based on the preponderance of evidence standard, regarding responsibility explaining how and why the decision-maker reached conclusions;
- Effectively implement remedies for a complainant if a respondent is found responsible for sexual harassment, misconduct or discrimination;
- Offer both parties an equal opportunity to appeal; and
- Protect any individual, including complainants, respondents, and witnesses, from retaliation for reporting sexual harassment, misconduct or discrimination or participating (or refusing to participate) in any Title IX grievance process.