Sexual Misconduct and Interpersonal Violence

University Policy 502

Institutional Integrity

Executive Summary

The University of North Carolina at Charlotte is committed to providing a respectful, safe, and inclusive environment for all University community members and guests of the University. Unlawful discrimination and discriminatory harassment, including any form of sexual misconduct or interpersonal violence, undermine the mission of the University and will not be tolerated. The University also strictly prohibits retaliation against individuals for reporting sexual misconduct or interpersonal violence or for cooperating in the University’s investigation of sexual misconduct or interpersonal violence. This Policy sets forth expectations for creating and maintaining an environment free of sexual misconduct and interpersonal violence. The procedures applicable to specific complaints of violations of this Policy, including but not limited to retaliation, are available on the Office of Civil Rights and Title IX website.

I. Statement of Policy

Sexual misconduct (including but not limited to sexual harassment and sexual exploitation) and interpersonal violence (including sexual assault, dating violence, domestic violence, and stalking) are violations of both law and University policy and will not be tolerated in the University community. Such behaviors are particularly sensitive issues that could affect any member of the University community, and as such, reports of sexual misconduct and interpersonal violence will be dealt with promptly and equitably by the University administration, regardless of whether the allegations are made formally, informally, in writing, or verbally.

The University may be obligated to investigate allegations of sexual misconduct or interpersonal violence even when, for example, (1) an individual reports a concern involving sexual misconduct or interpersonal violence, but does not wish to file a complaint; (2) an individual reports a concern involving alleged sexual misconduct or interpersonal violence and asks that either the individual’s identity or the information provided be kept confidential; or (3) an individual anonymously reports alleged sexual misconduct or interpersonal violence.

II. Scope

A. This Policy applies to all University community members, including faculty, SHRA and EHRA staff, and students, as well as certain non-University community members such as contractors/affiliates and visitors. The University will consider complaints by or against non-University community members on a case-by-case basis, when the reported concerns impact access to University programs or activities or affect the University work environment.

B. This Policy applies to all complaints alleging sexual misconduct, interpersonal violence, or retaliation in relation to one of those complaints unless the complaint alleges conduct that meets the definitions and jurisdiction of University Policy 504, Title IX Grievance Policy, which will be processed according to that policy and not this Policy.

III. Reporting Responsibilities

A. Supervisors/Administrators

University administrators and supervisors have special responsibilities to create and maintain an environment free of sexual misconduct and interpersonal violence. Should an administrator or supervisor have knowledge of conduct involving sexual misconduct or interpersonal violence or receive allegations of sexual misconduct or interpersonal violence, they must report what they know, including all relevant details, to the Director of Civil Rights and Title IX, regardless of whether the impacted individual or individuals have expressed an interest in engaging the complaint process. Failure to report may result in disciplinary action, up to and including dismissal.

B. All Other Employees, Students, and Any Other Person

It is expected that every University employee will report incidents that implicate this Policy to the Director of Civil Rights and Title IX via an online form or as described below. Failure to report may result in disciplinary action, up to and including dismissal.

Any person may report sexual misconduct or interpersonal violence, whether or not the person reporting is the person alleged to be the victim of the conduct. Reports may be made in person, by mail, by telephone, or by electronic mail, to the Director of Civil Rights and Title IX, or by any other means that results in the Director of Civil Rights and Title IX receiving the person’s verbal or written report. The Director of Civil Rights and Title IX’s contact information is available at civilrights.charlotte.edu.

The Director of Civil Rights and Title IX will review all reports, and in collaboration with the appropriate offices, will determine which University policy applies.

IV. University Response to Reports of Sexual Misconduct and Interpersonal Violence

The University’s response to reports of sexual misconduct and interpersonal violence is managed by the Office of Civil Rights and Title IX. To address the sensitive nature of situations involving sexual misconduct and interpersonal violence and to assure prompt and equitable resolution of these issues, the University has established two response options, following receipt of a complaint: (1) a mutual resolution process, which is available but not required before initiating an investigation, and (2) an investigation. Both processes are described in more detail in the procedure documents available at civilrights.charlotte.edu. If at any time during the process, the respondent is no longer enrolled at or employed by the University, the University may decide not to continue with the process. Even if it discontinues the formal process, the University will take appropriate action to rectify and prevent the recurrence of any alleged sexual misconduct or interpersonal violence.

Following receipt of a complaint, the Office of Civil Rights and Title IX will ensure that the complainant is provided with information required by federal law, as applicable, which information may include, but is not limited to, information about academic, housing, transportation, and employment accommodations; information about support resources and services both on- and off-campus; and information about available grievance procedures.

The Director of Civil Rights and Title IX is authorized, upon receiving the complaint, to take immediate action, where such action appears necessary, to protect the interests of the complainant or the respondent or others impacted by the reported behaviors. Such actions may include, but are not limited to, temporary adjustment of schedules, temporary adjustment of supervisory relationships, interim removal from University housing or other campus locations, or other appropriate interim measures.

If the Director of Civil Rights and Title IX determines that the reported behaviors would, if substantiated, violate this Policy or other related policies, the Office of Civil Rights and Title IX will inform the complainant of the right to proceed with a mutual resolution, if deemed appropriate by the Director of Civil Rights and Title IX, or an investigation. The University may be compelled to proceed with an investigation even if the complainant does not elect to participate. If the resolution or investigation process moves forward, the Office of Civil Rights and Title IX will ensure that the respondent is provided with information required by federal law, as applicable.

V. Retaliation Prohibited

The University strictly prohibits retaliation against individuals for reporting alleged violations of federal law or for cooperating in the University’s investigation of alleged violations of federal law. Retaliation includes threatening, intimidating, or coercive behaviors and other adverse actions that would deter a reasonable person in the same or similar circumstances from reporting alleged violations of federal law or cooperating in the University’s investigation of any such report, even if the behaviors do not ultimately have that effect.

VI. Other Rights and Obligations

Nothing in this Policy shall be interpreted to infringe on rights protected by other laws and policies, including but not limited to the First, Fifth, and Fourteenth Amendments to the U.S. Constitution; academic freedom; and the Americans with Disabilities Act.

Related Resources

Authority

Chancellor

Policy Revisions

Revised July 1, 2022

University Policy 502, Sexual Misconduct and Interpersonal Violence, has been simplified, and many of the definitions and other procedural pieces have been removed. This Policy applies to students, faculty, and staff. All employees are required to report alleged violations of the Policy. The Office of Civil Rights and Title IX will have more detailed procedural documents available on its website for different classes of respondents.

Revised November 9, 2020

This Policy has been revised and rewritten as necessary to ensure compliance and consistency with the new University Policy 504, Title IX Grievance Policy.

Updated July 14, 2014

February 26, 2001

Revised May 18, 1998

This University’s sexual harassment policy and grievance procedures have been revised to create a single comprehensive resource for addressing sexual harassment matters at the University. First, two new sexual harassment grievance procedures have been added to cover members of the University community who were previously covered only by generic procedures not specifically aimed at sexual harassment. Second, the general sexual harassment policy and all associated grievance procedures have been consolidated to make the policy and procedures easier to find and apply. The procedures previously known as University Policy 302 and University Policy 303 will no longer be separately identified as policy statements. Instead, they are simply attachments to the sexual harassment policy, University Policy 502.

The two new procedures are entitled "Grievance Procedure for Certain Employees Exempt from the State Personnel Act Alleging Sexual Harassment," and "Grievance Procedure for Students Alleging Sexual Harassment by Another Student." They provide specific methods for addressing sexual harassment claims made by certain EPA employees, and claims of sexual harassment of one student by another. The addition of these new procedures means that all students and all exempt employees now have access to procedures designed specifically for sexual harassment grievances. (SPA employees are covered by procedures set forth in UNC Charlotte Personnel Information Memorandum #35 (PIM-35), in accordance with the State Personnel Act.)

Finally, because the University Policy Series is now available primarily online, a hyperlinked index to University Policy 61 has been added at the beginning of the policy so that it is easier to navigate, and a specific grievance procedure can be located quickly.

Initially Approved May 18, 1998

Replacing former Sexual Harassment Prevention Policy, initially approved June 9, 1980; revised November 4, 1985; revised March 26, 1993; revised May 21, 1997.