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Equal Opportunity, Harassment, and Nondiscrimination Policy
2.J.2 – Equal Opportunity, Harassment, and Nondiscrimination Policy for All Faculty, Students, Employees, and Third Parties
(Hereinafter, “the Policy”)
Effective Date: August 1, 2024
Purpose
Vance-Granville Community College (VGCC) is committed to providing an educational and employment environment that is free from discrimination based on protected characteristics, harassment, and retaliation for engaging in 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 resolution process during what is often a difficult time for all involved.
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 for prompt, fair, and impartial resolution of allegations of protected characteristic discrimination, harassment or allegations of retaliation.
Notice of Nondiscrimination
VGCC seeks to comply with all federal, state, and local laws, regulations, and ordinances prohibiting discrimination in public post-secondary education institutions.
VGCC does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of actual or perceived:
- Age (40 years and over in the employment context)
- Citizenship status
- Creed
- Disability (physical or mental)
- Domestic violence victim status
- Ethnicity
- Family responsibilities
- Gender expression
- Gender identity
- Genetic information (including family medical history)
- Height
- Marital status
- National origin (including ancestry)
- Personal appearance
- Place of business
- Political belief or affiliation
- Pregnancy or related conditions
- Race
- Religion
- Residence
- Sex
- Sexual orientation
- Source of income
- Veteran or military status (including disabled veteran, recently separated veteran,
active-duty, wartime, or campaign badge veteran, and Armed Forces Service Medal
veteran) - Weight
- or any other protected characteristic under applicable local, state, or federal law,
including protections for those opposing discrimination or participating in any
grievance process within the institution, with the Equal Employment Opportunity
Commission, and/or other human/civil rights agency.
This Policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the VGCC community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, and/or social access, benefits, and/or opportunities of any member of the VGCC community, guest, or visitor on the basis of that person’s actual or perceived protected characteristic(s), is in violation of this Policy.
VGCC will promptly and effectively address any such discrimination of which it has Knowledge/Notice using the resolution process in the Equal Opportunity, Harassment, and Nondiscrimination Procedures.
Nondiscrimination Team Contacts
The VGCC has appointed the Nondiscrimination Team, comprised of the following individual(s), to coordinate the VGCC’s compliance with federal, state, and local civil rights laws and ordinances:
For employee discrimination and sex-based harassment allegations (Title VII, Title IX, and ADA):
Kevin Tompkins
Executive Director of Human Resources
Title IX Deputy Coordinator
VGCC Main Campus, Building 1, Henderson, NC
200 Community College Drive, Henderson, NC 27536
252-738-3440
[email protected]
For student discrimination and sex-based harassment allegations:
Administrator
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 disability-based allegations
Cathy Davis
Coordinator of Counseling, Accessibility and Support Services
G1108, South Campus
1547 South Campus Drive, Creedmoor, NC 27522
252-738-3350
[email protected]
Collectively, these individuals are responsible for providing comprehensive nondiscrimination education and training; coordinating the VGCC’s timely, thorough, and fair response, investigation, and resolution of all alleged prohibited conduct under this Policy; and monitoring the effectiveness of this Policy and related procedures to ensure an education and employment environment free from discrimination, harassment, and retaliation.
VGCC recognizes that allegations under this Policy may include multiple forms of discrimination and harassment as well as violations of other VGCC policies; may involve various combinations of students, employees, and other members of the VGCC community; and may require the simultaneous attention of multiple VGCC departments. Accordingly, all VGCC departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable VGCC policies, to provide uniform, consistent, efficient, and effective responses to alleged discrimination, harassment, or retaliation.
External Contact Information
Concerns about the VGCC’s application of this Policy and compliance with certain federal civil rights laws may also be addressed 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: Equal Employment Opportunity Commission (EEOC)
Mandated Reporting and Confidential Employees
All VGCC faculty and employees (including student-employees) are Mandated Reporters and are expected to promptly report all known details of actual or suspected discrimination, harassment, retaliation, and/or Other Prohibited Conduct to appropriate officials immediately.
Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Administrator. Complainants may speak with individuals unaffiliated with VGCC without concern that Policy will require them to disclose information to the institution without permission:
- Licensed professional counselors and other medical providers
- Local rape crisis counselors
- Domestic violence resources
- Local or state assistance agencies
- Clergy/Chaplains
- Attorneys
If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these employees will immediately pass Notice to the Administrator (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.
Failure of a Mandated Reporter, as described above in this section, to report an incident of discrimination, harassment, or retaliation of which they become aware is a violation of VGCC Policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a harasser is a Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under this Policy.
A Mandated Reporter who is themselves a target of discrimination, harassment, or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.
Disability-based Grievances and Complaints
Grievances related to disability status and/or provision of accommodations are addressed using the General Grievance Procedures. This includes allegations of discrimination on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect.
Scope
This Policy is only applicable to alleged incidents that occur on or after August 1, 2024. For alleged incidents of sex discrimination or sexual harassment occurring prior to August 1, 2024, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the Administrator.
This Policy applies to all faculty, employees, students, and other individuals participating in or attempting to participate in VGCC’s program or activities, including education and employment.
This Policy prohibits all forms of discrimination on the basis of the protected characteristic(s), and may be applied to incidents, to patterns, and/or to the internal unit culture/climate, all of which may be addressed in accordance with this Policy.
Jurisdiction
This Policy applies to the VGCC’s education programs and activities (defined as including locations, events, or circumstances in which the VGCC exercises substantial control over both the Respondent and the context in which the conduct occurred), and circumstances where the VGCC has disciplinary authority.
This Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to VGCC’s education program or activities. The VGCC may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial VGCC interest.
A substantial VGCC interest includes:
- 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. - Any situation in which it is determined that the Respondent poses an imminent and
serious threat to the health or safety of any student, employee, or other individual. - Any situation that significantly impinges upon the rights, property, or achievements
of others, significantly breaches the peace, and/or causes social disorder. - Any situation that substantially interferes with the VGCC’s educational interests or
mission.
For disciplinary action to be issued under this Policy, the Respondent must be a VGCC faculty member, student, or employee at the time of the alleged incident. If the Respondent is unknown or is not a member of the VGCC community, the Administrator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). The VGCC can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.
All vendors serving the VGCC through third-party contracts are subject to the policies and procedures of their employers and/or to these policies and procedures to which their employer has agreed to be bound by their contracts.
When a party is participating in a dual enrollment/early college program, VGCC will coordinate with the party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the complaint under the appropriate policy and procedures based on the allegations and identities of the Parties.
When the Respondent is enrolled in or employed by another institution, the Administrator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.
Similarly, the Administrator may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to VGCC where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a student or employee’s work or educational environment, those effects can often be addressed remedially by the Administrator if brought to their attention.
Supportive Measures
VGCC will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged discrimination, harassment, and/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 VGCC’s education program or activity, including measures designed to protect the safety of all Parties and/or VGCC’s educational environment and/or to deter discrimination, harassment, and/or retaliation.
The Administrator promptly makes supportive measures available to the Parties upon receiving Notice/Knowledge or a Complaint. At the time that supportive measures are offered, if a Complaint has not been filed, VGCC will inform the Complainant, in writing, that they may file a Complaint with VGCC either at that time or in the future. The Administrator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.
VGCC will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair VGCC’s ability to provide those supportive measures. VGCC will act to ensure as minimal an academic/occupational impact on the Parties as possible. VGCC will implement measures in a way that does not unreasonably burden any party.
These actions may include, but are not limited to:
- Referral to counseling, medical, and/or other healthcare services
- Referral to the Employee Assistance Program or Student 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 restrictions (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 Parties are provided with a timely opportunity to seek modification or reversal of VGCC’s decision to provide, deny, modify, or terminate supportive measures applicable to them. A request to do so should be made in writing to the Administrator. An impartial employee other than the employee who implemented the supportive measures, who has authority to modify or reverse the decision, will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the Title IX regulatory definition of supportive measures. VGCC will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances materially change. VGCC typically renders decisions on supportive measures within seven (7) business days of receiving a request and provides a written determination to the impacted party(ies) and the Administrator.
Online Harassment and Misconduct
VGCC policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on VGCC’s education program and activities, or when they involve the use of VGCC networks, technology, or equipment.
Although VGCC may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to VGCC, it will engage in a variety of means to address and mitigate the effects. These means may include use of the Resolution Process to address off-campus conduct whose effects contribute to limiting or denying a person access to VGCC’s education program or activity.
Nothing in this Policy is intended to infringe upon or limit a person’s rights to free speech. Any online posting or other electronic communication by students, including technology-facilitated bullying, stalking, harassment, etc., occurring completely outside of the VGCC’s control (e.g., not on VGCC networks, websites, or between VGCC email accounts) will only be subject to this Policy when such online conduct can be shown to cause (or will likely cause) a substantial in-program disruption or infringement on/harm to the rights of others. Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided.
Off-campus harassing speech by employees, whether online or in person, may be regulated by the VGCC only when such speech is made in an employee’s official or work-related capacity.
Inclusion Related to Gender Identity/Expression
VGCC strives to ensure that all individuals are safe, included, and respected in their education and employment environments, regardless of their gender identity or expression.
VGCC is committed to fostering a climate where all identities are valued, contributing to a more vibrant and diverse community. Discrimination and harassment on the basis of gender identity or expression are not tolerated by VGCC. If a member of VGCC community believes they have been subjected to discrimination under this Policy, they should follow the appropriate reporting process described herein.
VGCC uses a number of interventions to address concerns that are raised related to gender- based harassment or discrimination, including problem-solving, intervention, confrontation, investigation, and Policy enforcement. When conflicts arise between the right of members of the community to be free from gender-identity discrimination and those exercising their right to religious freedom, VGCC will try to balance rights and interests to find mutually agreeable outcomes or compromises. When that is not possible, VGCC will offer remedial solutions or enforce its Policies while also respecting the rights of all members of its community.
Prohibited Conduct
Students and employees are entitled to an educational and employment environment that is free of discrimination, harassment, and retaliation. 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 legally prohibited discrimination, harassment, and retaliation that are also prohibited under VGCC Policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of VGCC Policy, though supportive measures will be offered to those impacted.
All offense definitions below encompass actual and/or attempted offenses.
Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents where the proof of one could make it more likely that the other(s) occurred, and vice versa. Patterns may exist based on target selection, similarity of offense, or other factors. Where a pattern is found, it can be the basis to enhance sanctions, accordingly.
Violation of any other VGCC policies may constitute discrimination or harassment when motivated by actual or perceived protected characteristic(s), and the result is a limitation or denial of employment or educational access, benefits, or opportunities.
Discrimination
Discrimination is different treatment with respect to a person’s employment or participation in an education program or activity based, in whole or in part, upon the person’s actual or perceived protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.
Discrimination can take two primary forms:
- Disparate Treatment Discrimination:
- Any intentional differential treatment of a person or persons that is based on a person’s s actual or perceived protected characteristic and that:
- Excludes a person from participation in;
- Denies the person benefits of; or
- Otherwise adversely affects a term or condition of a person’s
participation in a VGCC program or activity.
- Any intentional differential treatment of a person or persons that is based on a person’s s actual or perceived protected characteristic and that:
- Disparate Impact Discrimination:
- Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
- Excludes a person from participation in;
- Denies the person benefits of; or
- Otherwise adversely affects a term or condition of a person’s
participation in a VGCC program or activity.
- Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
Discriminatory Harassment
- unwelcome conduct on the basis of actual or perceived protected characteristic(s), 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 VGCC’s education program or activity
Sex-based Harassment (Applicable under Title IX, Title VII, and the Fair Housing Act)
Sex-based Harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex,15 including sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; sexual assault, dating violence, domestic violence, and stalking.
Quid Pro Quo
- an employee of the College,
- conditions the provision of an aid, benefit, or service of the College,
- on an individual’s participation in unwelcome sexual conduct.
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 VGCC’s education program or activity
VGCC reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. Addressing such conduct will not result in the imposition of discipline under VGCC Policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms.
For assistance with Alternative Resolution and other Informal Resolution techniques and approaches, contact the Administrator.
Sexual Assault16
- Rape
- 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 Complainant.
- Fondling
- The touching of the private body parts of the Complainant (buttocks, groin, breasts),
- for the purpose of sexual gratification,
- without the consent of the Complainant,
- including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental incapacity.
- Incest
- Sexual intercourse,
- between persons who are related to each other,
- within the degrees wherein marriage is prohibited by North Carolina law.
- Statutory Rape
- Sexual intercourse,
- with a person who is under the statutory age of consent.
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,17 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
- would cause a reasonable person to fear for the person’s safety, or
- the safety of others; or
- suffer substantial emotional distress with fear of continued harassment.
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.
Sexual Misconduct
Sexual Exploitation:18
- an person taking non-consensual or abusive sexual advantage of another, that does not constitute Sex-based Harassment as defined above,
- for their own benefit or for the benefit of anyone other than the person being exploited.
Examples of Sexual Exploitation include, but are not limited to:
- Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
- Invasion of sexual privacy (e.g., doxxing)
- Knowingly making an unwelcome disclosure of (or threatening to disclose) a person’s sexual orientation, gender identity, or gender expression
- Taking pictures, video, or audio recording of another person in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
- Prostituting another person
- Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
- Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
- Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
- Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
- Knowingly soliciting a minor for sexual activity
- Engaging in sex trafficking
- Knowingly creating, possessing, or disseminating child sexual abuse images or recordings
- Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)
Other Prohibited Conduct
- Bullying19
- repeated and/or severe aggressive behavior
- that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant,
- that is not speech or conduct that is otherwise protected by the First Amendment.
- Endangerment
- threatening or causing physical harm;
- extreme verbal, emotional, or psychological abuse; or
- other conduct which threatens or endangers the health or safety of any person or damages their property.
- Hazing
- any act or action which does or is likely to endanger the mental or physical health or safety of any person as it relates to a person’s initiation, admission into, or affiliation with any VGCC group or organization.
- For the purposes of this definition:
- It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of hazing to be upheld.
- It shall not constitute an excuse or defense to a hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.
- The actions of alumni, active, new, and/or prospective members of a student group or student organization may be considered hazing.
- Hazing is not confined to the student group or student organization with which the person subjected to the hazing is associated.
- Retaliation
- Adverse action, including intimidation, threats, coercion, or discrimination,
- against any person,
- by VGCC, a student, employee, or a person authorized by VGCC to provide aid, benefit, or service under VGCC’s education program or activity,
- for the purpose of interfering with any right or privilege secured by law or Policy, or
- because the person has engaged in protected activity, including reporting information, making a Complaint, testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under the Procedures, including an Informal Resolution process, or in any other appropriate steps taken by VGCC to promptly and effectively end any sex discrimination in its education program or activity, prevent its recurrence, and remedy its effects.
- The exercise of rights protected under the First Amendment does not constitute retaliation. It is also not retaliation for VGCC to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under this policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
- Unauthorized Disclosure20
- Distributing or otherwise publicizing materials created or produced during an investigation or Resolution Process except as required by law or as expressly permitted by VGCC; or
- publicly disclosing institutional work product that contains personally identifiable information without authorization or consent.
- Failure to Comply/Process Interference
- Intentional failure to comply with the reasonable directives of Administrator in the performance of their official duties, including with the terms of a no contact order
- Intentional failure to comply with emergency removal or interim suspension terms
- Intentional failure to comply with sanctions
- Intentional failure to adhere to the terms of an Informal Resolution agreement
- Intentional failure to comply with mandated reporting duties as defined in this Policy
- Intentional interference with the Resolution Process, including, but not limited to:
- Destruction of or concealing of evidence
- Actual or attempted solicitation of knowingly false testimony or providing false testimony or evidence
- Intimidating or bribing a witness or party
Sanction Ranges
The following sanction ranges apply for Prohibited Conduct under this Policy. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the Respondent’s cumulative conduct record.
- Discrimination: warning through expulsion or termination.
- Discriminatory Harassment: warning through expulsion or termination.
- Quid Pro Quo Harassment: warning through expulsion or termination.
- Hostile Environment Harassment: warning through expulsion or termination.
- Rape: suspension through expulsion or termination.
- Fondling: warning through suspension (termination for employees).
- Incest: warning through probation.
- Statutory Rape: warning through suspension (termination for employees).
- Stalking: probation through expulsion or termination.
- Dating/Domestic Violence: probation through expulsion or termination.
- Sexual Exploitation: warning through expulsion or termination.
- Bullying: warning through expulsion or termination.
- Endangerment: warning through expulsion or termination.
- Hazing: warning through expulsion or termination.
- Retaliation: warning through expulsion or termination.
- Unauthorized Disclosure: warning through expulsion or termination.
- Failure to Comply/Process Interference: warning through expulsion or termination.
Consent, Force, and Incapacitation
As used in this Policy, the following definitions and understandings apply:
Consent
Consent is defined as:
- knowing, and
- voluntary, and
- clear permission
- by word or action
- to engage in sexual activity21.
Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.
If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.
For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. Reasonable reciprocation can establish consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to be kissed back.
Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, sexual activity should cease within a reasonably immediate time.
Silence or the absence of resistance alone should not be interpreted as consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.
Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of sexual assault.
Proof of consent or non-consent is not a burden placed on either party involved in a Complaint. Instead, the burden remains on VGCC to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.
Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sex, those acts may constitute dating violence or sexual assault 22.
Force
Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non- consensual sexual activity is not necessarily forced. Force is conduct that, if sufficiently severe, can negate consent.
Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).
Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.
Incapacitation
Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including because of alcohol or other drug consumption.
This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.
Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.
If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of this Policy. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.
Standard of Proof
VGCC uses the preponderance of the evidence standard of proof when determining whether a Policy violation occurred. This means that the VGCC will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent is in violation of the alleged Policy violation(s).
Reports/Complaints of Discrimination, Harassment, and/or Retaliation
A Report provides notice to the VGCC of an allegation or concern about discrimination, harassment, or retaliation and provides an opportunity for the Administrator to provide information, resources, and supportive measures.
Reporting carries no obligation to initiate a Complaint, and in most situations, VGCC is able to respect a Complainant’s request to not initiate a resolution process. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where VGCC may need to initiate a resolution process. If a Complainant does not wish to file a Complaint, VGCC will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of confidentiality by giving Notice that allows the VGCC to discuss and/or provide supportive measures, in most circumstances. Complainants may make a report to any VGCC employee.
A Complaint provides notice to VGCC that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Complaint. Reports or Complaints of discrimination, harassment, and/or retaliation may be made by filing a Complaint with, or giving verbal Notice directly to, the Administrator or to any member of the Nondiscrimination Team. Such a Complaint may be made at any time (including during non-business hours) by using the telephone number, email address, or by mail to the office of the Administrator or any other Nondiscrimination Team member listed in this Policy.
Time Limits on Reporting
There is no time limitation on providing Notice/Complaints to the Administrator. However, if the Respondent is no longer subject to the VGCC’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.
Acting on Notice/Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Administrator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.
False Allegations and Evidence
Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a Policy violation.
Additionally, witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate VGCC policies.
Confidentiality/Privacy
VGCC makes every effort to preserve the Parties’ privacy. The VGCC will not share the identity of any individual who has made a Complaint of discrimination, harassment, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of discrimination, harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.23,24 Additional information regarding confidentiality and privacy can be found in Appendix E.
Unauthorized Disclosure of Information
Parties and Advisors are prohibited from disclosing information obtained by VGCC through the Resolution Process, to the extent that information is the work product of VGCC (meaning it has been produced, compiled, or written by VGCC for purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of VGCC Policy to publicly disclose institutional work product that contains a party or witness’s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions.
Emergency Removal/Interim Actions/Leaves
VGCC can act to remove a student Respondent accused of Sex Discrimination or Sex-based Harassment from its education program or activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an imminent and serious threat to the health or safety of any student or other individual justifies removal. This risk analysis is performed by the Administrator and may be done in conjunction with the Behavioral Intervention Team using its standard objective violence risk assessment procedures. Employees are subject to existing procedures for interim actions and leaves.
Federal Timely Warning Obligations
VGCC must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the VGCC community. VGCC will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.
Amnesty
VGCC community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to give Notice to VGCC officials or participate in resolution 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 VGCC community that Complainants choose to give Notice of misconduct to VGCC 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 offers Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by VGCC, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.
Preservation of Evidence
The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders, and it is particularly time sensitive. VGCC Complainants should be aware of the importance of preserving evidence.
During the initial meeting between the Complainant and Administrator, the importance of taking these actions will be discussed, if timely.
Federal Statistical Reporting Obligations
Certain institutional officials (those deemed Campus Security Authorities) have a duty to report the following for federal statistical reporting purposes (Clery Act):
- All “primary crimes,” which include criminal homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson
- Hate crimes, which include any bias-motivated primary crime as well as any bias- motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property
- Violence Against Women Act (VAWA-based crimes), which include sexual assault, domestic violence, dating violence, and stalking25
- Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations
All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on- or off-campus or in the surrounding area, but no addresses are given) must be shared with Campus Police for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include student affairs/student conduct staff, campus law enforcement/public safety/security, local police, coaches, athletic directors, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.
Independence and Conflicts of Interest
The Administrator manages the Nondiscrimination Team and acts with independence and authority, free from bias and conflicts of interest. The Administrator oversees all resolutions under this Policy and these procedures. The members of the Resolution Pool are vetted and rained to ensure they are not biased for or against any party in a specific Complaint, or for or against Complainants and/or Respondents, generally.
To raise any concern involving bias, conflict of interest, misconduct, or discrimination by the Administrator, contact the VGCC College President. Concerns of bias, misconduct, discrimination, or a potential conflict of interest by any other Resolution Pool member should be raised with the Administrator.
Revision of this Policy
This Policy succeeds previous policies addressing discrimination, harassment, sexual misconduct, and/or retaliation, though previous policies and procedures remain in force for incidents occurring before August 1, 2024. The Administrator reviews and updates these policies and procedures regularly. VGCC reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.
If government laws or regulations change or court decisions alter the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws, regulations, or court holdings.
This document does not create legally enforceable protections beyond the protections of the background state and federal laws that frame such policies and codes, generally.
Policy Approved: September 16, 2024
Based on 1 Policy, 1 Procedure (1P1P) Model created by ATIXA © June 2024. Used with contractual permission by Vance-Granville Community College.
15 Throughout this Policy, “on the basis of sex” means conduct that is sexual in nature, or that is directed to the Complainant because of his/her/their actual or perceived sex or gender identity.
16 This would include having another person touch you sexually, forcibly, and/or without their consent.
17 To 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.
18This offense is not classified under Title IX as “Sex-based Harassment,” but it is included here in this Policy as a tool to address a wider range of behaviors.
19For Bullying, Hazing, and Endangerment, these offenses can be applied when the conduct is on the basis of protected characteristics but is not a form of Sex-based Harassment.
20Nothing in this section restricts the ability of the Parties to: obtain and present evidence, including by speaking to witnesses (as long as it does not constitute retaliation under this Policy), consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the Resolution Process.
21The state definition for lack of consent is “against the will of the other person” (NCGS 14-27.20(1a)), which is applicable to criminal prosecutions for sex offenses in North Carolina but may differ from the definition used by the Recipient to address Policy violations.
22Consent in relationships must also be considered in context. When Parties consent to BDSM (bondage, discipline, sadism, masochism) or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual.
2320 U.S.C. 1232g
2434 C.F.R. § 99
2542 U.S.C. Sections 13701 through 14040.