Sexual Misconduct and Interpersonal Violence

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.