Human Resources: FTCC & Title IX Compliance

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These procedures govern processes for filing a Title IX Grievance/Complaint based upon alleged Sex Discrimination or Sex-Based Harassment. These procedures apply to all FTCC students, employees, and campus visitors.

Persons wishing to file Title IX violation complaint may contact one of the following:

• Chief Joseph Bailer, Director of Public Safety and Security
  Title IX Investigator
  Office location: General Classroom Building Room GCB 102
  Phone: (910) 678-8433
  Email: bailerj@faytechcc.edu
• Captain Jonathan Fennema, Assistant Director of Public Safety and Security
  Title IX Investigator
  Office location: General Classroom Building Room GCB 102
  Phone: (910) 678-8433
  Email: fennemaj@faytechcc.edu
• Senior Lieutenant Summer Porter, Title IX Investigator/Case Manager
  Title IX Investigator/Case Manager
  Office location: General Classroom Building Room GCB 102
  Phone: (910) 678-8433
  Email: russells@faytechcc.edu

Filing a Grievance/Complaint

A. Complaints alleging Sex Discrimination or Sex-Based Harassment may be filed by the following persons:

1. A FTCC student or employee who believes they have been subjected to conduct that could constitute Sex Discrimination or Sex-Based Harassment under Title IX or its regulations.
2. A person other than a FTCC student or employee who is alleged to have been subjected to conduct that could constitute Sex Discrimination or Sex-Based Harassment under Title IX or its regulations and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged violation.
3. A parent, guardian, or other authorized legal representative with the legal authority to act on behalf of a FTCC student who is believed to have been subjected to conduct that could constitute Sex Discrimination or Sex-Based Harassment under Title IX.
4. The Title IX Coordinator or any FTCC employee serving in the role of a Responsible Employee.

B. Complaints alleging a violation of the Board of Trustee’s prohibition of Sex Discrimination and/or Sex-Based Harassment may be made orally or in writing. It is preferred that Complaints be directed to the Office of Public Safety and Security at (910) 678-8433. Complaints may also be received by the Title IX Coordinator or Deputy Title IX Coordinator.

C. Anyone filing a Complaint may consider pursuing criminal charges against the person alleged to have engaged in Sex Discrimination or Sex-Based Harassment in addition to any actions taken by the College.

Supportive Measures

FTCC will offer and coordinate Supportive Measures as appropriate for the Complainant and/or Respondent to restore or preserve that person’s access to FTCC’s education programs or activities, and/or provide support during FTCC’s Title IX complaint procedures or during the informal resolution process. For Complaints of Sex Discrimination and/or Sex-Based Harassment, these Supportive Measures may include:

• Referral to Student/Employee Assistance Program;
• Referral to rape crisis centers;
• Referral to other community support groups of systems;
• Voluntary student class schedule or employee work schedule modifications to include extension of deadlines;
• Limitations related to further contact with one another;
• Security escorts or increased security presence in specific areas of campus; and,
• Other reasonable assistance.

Note: No supportive measure(s), such as changing course sections or moving from a face-to-face class to an online class, or adjustment to College work hours and locations, can be to the detriment of either Party, unless the Party subjected to the detriment voluntarily agrees to the supportive measure; Supportive Measures cannot be unreasonably burdensome to a Party and cannot be imposed for punitive or disciplinary reasons.

Written Notice to Parties

Once the Complaint is received, the Title IX Investigator notifies all Parties of the allegations. The notice shall be sent to all Parties within 3 business days of the College’s receipt of the Complaint. The notice shall include:

• A description of the process FTCC will use to resolve Title IX Complaints;
• Sufficient information available at the time to allow the Parties to respond to the allegations, including the identities of the Parties involved in the incident(s), the conduct alleged to constitute Sex Discrimination or Sex-Based Harassment, and the date(s) and location(s) of the alleged incident(s);
• Notification that any form of Retaliation is strictly prohibited;
• Notification that the Respondent is presumed not responsible for the alleged Sex Discrimination or Sex-Based Harassment until a determination is made at the conclusion of the grievance procedures. Prior to such a determination, the Parties will have an opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial Title IX Investigator or decisionmaker;
• Notification that the Parties may have an advisor of their choice who may be, but is not required to be, an attorney. However, the College is not responsible for any costs the Parties incur from retaining an attorney or other advisor;
• Notification that the Parties are entitled to an equal opportunity to access the Relevant and not otherwise impermissible evidence including any investigative report that accurately summarizes this evidence;
• Notification that the Parties are prohibited from knowingly making false statements or knowingly submitting false information during the complaint procedures;
• Notification that if, in the course of an investigation, FTCC decides to investigate additional allegations of Sex Discrimination and/or Sex-Based Harassment by the Respondent toward the Complainant that are not included in the written notice or that are included in a consolidated Complaint, it will provide written notice of the additional allegations to the Parties; and
• Identification of the Institution’s Title IX Coordinator or Deputy Coordinator who is responsible for the coordination of the Title IX Process.

Dismissal of a Complaint

The Title IX Coordinator may dismiss a Complaint if:

• FTCC is unable to identify the Respondent after taking reasonable steps to do so;
• The Respondent is not employed by FTCC and is not participating in an FTCC education program or activity;
• FTCC obtains the Complainant’s voluntary withdrawal in writing of any or all of the allegations, the Title IX Coordinator declines to initiate a Complaint, and FTCC determines that, without the Complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex Discrimination or Sex-Based Harassment under Title IX even if proven;
• FTCC determines the conduct alleged in the Complaint, even if proven, would not constitute Sex Discrimination or Sex-Based Harassment under Title IX; or
• Before dismissing any Complaint, FTCC will make reasonable efforts to clarify the allegations with the Complainant.

Upon dismissal, FTCC will promptly notify the Complainant in writing of the basis for the dismissal. If the dismissal occurs after the Respondent has been notified of the allegations, then FTCC will notify the Parties simultaneously in writing.

FTCC will notify the Complainant that a dismissal may be appealed as outlined in the Appeals section of these procedures. If dismissal occurs after the Respondent has been notified of the allegations, then FTCC will also notify the Respondent that the dismissal may be appealed on the same basis. If a dismissal is appealed, FTCC will follow the procedures outlined in the Appeals section of this procedure.

When a Complaint is dismissed, FTCC will, at a minimum:

• Offer Supportive Measures to the Complainant as appropriate;
• If the Respondent has been notified of the allegations, offer Supportive Measures to the Respondent as appropriate; and
• Take other prompt and effective steps, as appropriate, through the Title IX Coordinator, to ensure that Sex Discrimination and/or Sex-Based Harassment does not continue or recur within FTCC’s education program or activity.

Investigation

FTCC is responsible for adequate, reliable, and impartial investigation of all Complaints of Sex Discrimination and Sex-Based Harassment. The burden is on FTCC—not on the Parties—to investigate and gather sufficient evidence to determine whether Sex Discrimination or Sex-Based Harassment occurred. Investigators shall:

1. Conduct the investigation in a timely manner. Except in unusual circumstances, the investigation should be substantially completed within 20 business days of the receipt of the Complaint by the Title IX Investigator;
2. Provide each Party an equal opportunity to identify witnesses – such as fact or expert witnesses – to the Investigator(s);
3. Provide each Party with an equal opportunity to share with Investigator(s) evidence, whether of an inculpatory or exculpatory nature;
4. Fully investigate the allegations of a violation of Title IX, including exploration of permissible evidence, if any, provided by the Complainant and Respondent;
5. FTCC will provide the Parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.
   • FTCC will not limit the choice or presence of the advisor for the Complainant or Respondent in any meeting or proceeding.
   • FTCC may establish restrictions regarding the extent to which the advisor may participate in these grievance procedures, as long as the restrictions apply equally to the Parties.
   • FTCC will not incur costs associated with retaining an attorney.
6. All interviews will be recorded, and the interviewee will be told the interview is being recorded;
7. Allow the Complainant and Respondent to discuss the allegations with others, but Investigators may request that information be held in confidence;
8. Allow each Party to hear a recording of each interview and recommend additional questions, if any, for the Investigator to ask of the person being interviewed. Questions must be submitted to the Investigator within 2 business days after the recording is made available;
9. Forward any questions submitted by the Parties to the appropriate decisionmaker for a determination of whether the proposed question(s) are Relevant and not impermissible. Those which are Relevant and not impermissible will be returned to the Investigator to be asked of the person(s) interviewed in another recorded interview subject to items 6, 7, and 8 above. Any question(s) determined by the decisionmaker to be irrelevant or impermissible will be explained to the Party posing the question so that Party may clarify or revise the question and resubmit for consideration;
10. Prior to the conclusion of the investigation, permit both Parties and their advisors an equal and reasonable opportunity to review all Relevant and permissible evidence related to the Complaint and collected by the Investigators, including evidence gathered that the Investigators do not intend to rely upon;
11. After inspection of the evidence, permit each Party at least 5 business days to provide Investigators with any response they may have as to the evidence gathered;
12. Consider any responses received to the evidence gathered, prepare a draft investigative report, and share the report with the Respondent, Complainant, and their advisors. The Complainant and the Respondent shall have 10 business days to submit any response they may have to the draft investigative report;
13. Consider any responses received to the draft investigative report and prepare a final investigative report. Provide a copy of the final investigative report that fairly summarizes all Relevant evidence to both the Respondent, Complainant, and their advisors at least 10 business days prior to any decision on the matter. The College reserves the right to redact from the investigative report any personally identifiable information, any irrelevant or impermissible evidence, and other material that could violate privacy laws;
14. Provide a copy of the final investigative report to the designated decisionmaker. The investigative report may include a recommendation for findings and/or resolution as the Investigator deems appropriate.

FTCC will provide to a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate.

Determination Whether Sex Discrimination and/or Sex-Based Harassment Occurred

Prior to making a final determination, the decisionmaker may question Parties and witnesses when necessary to adequately assess a Party’s or witness’s credibility to the extent credibility is both in dispute and Relevant to evaluating one or more allegations of Sex Discrimination and/or Sex-Based Harassment.

The decisionmaker may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible. The decisionmaker will not draw an inference about whether Sex-Based Harassment occurred based solely on a Party’s or witness’s refusal to respond to such questions.

Following an investigation and evaluation of all Relevant and not otherwise impermissible evidence, the decisionmaker will:

• Use the Preponderance of the Evidence Standard of proof to determine whether Sex Discrimination and/or Sex-Based Harassment occurred. The standard of proof requires the decisionmaker to evaluate Relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded by the Preponderance of the Evidence Standard that Sex Discrimination and/or Sex-Based Harassment occurred, the decisionmaker will not determine that Sex Discrimination and or Sex-Based Harassment occurred.
• Notify the Parties simultaneously in writing of the determination whether Sex Discrimination and/or Sex-Based Harassment occurred under Title IX including:
  • A description of the alleged Sex Discrimination and/or Sex-Based Harassment;
  • Information about the policies and procedures that FTCC used to evaluate the allegations;
  • The decisionmaker’s evaluation of the Relevant and not otherwise impermissible evidence and determination whether Sex Discrimination and/or Sex-Based Harassment occurred;
  • When the decisionmaker finds that Sex Discrimination and/or Sex-Based Harassment occurred, any Disciplinary Sanctions FTCC will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions will be provided by FTCC to the Complainant, and, to the extent appropriate, other students identified by FTCC to be experiencing the effects of the Sex Discrimination and/or Sex-Based Harassment; and
  • FTCC’s procedures and permissible bases for the Complainant and Respondent to appeal.
• FTCC will not impose discipline on a Respondent for Sex Discrimination and/or Sex-Based Harassment prohibited by Title IX unless there is a determination at the conclusion of the Title IX complaint procedures that the Respondent engaged in prohibited Sex Discrimination and/or Sex-Based Harassment.
• If there is a determination that Sex Discrimination and/or Sex-Based Harassment occurred, as appropriate, the Title IX Coordinator or Deputy Title IX Coordinator for Students will:
  • Coordinate the provision and implementation of Remedies to a Complainant and other people FTCC identifies as having had equal access to FTCC’s education program or activity limited or denied by Sex Discrimination and/or Sex-Based Harassment;
  • Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions; and
  • Take other appropriate prompt and effective steps to ensure that Sex Discrimination and/or Sex-Based Harassment does not continue or recur within FTCC’s education program or activity.
• Comply with the Title IX complaint procedures before the imposition of any Disciplinary Sanctions against a Respondent; and
• Not discipline a Party, witness, or others participating in the Title IX complaint procedures during the Title IX complaint process for making a false statement or for engaging in consensual sexual conduct.

Appeals

A Party not satisfied with the College’s dismissal or determination whether Sex Discrimination and/or Sex-Based Harassment occurred may appeal on any or all of the following bases:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the determination or dismissal was made; and
• The Title IX Coordinator, Deputy Title IX Coordinator, or Investigator had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.

How to Appeal:

Either the Respondent or Complainant may appeal the decision of the decisionmaker.

Any appeal must be submitted in writing within 10 business days after the written decision is e-mailed to the Parties. Appeals must be e-mailed to the Vice President for Legal and Administrative Services. If the Vice President for Legal and Administrative Services does not receive an appeal within the 10 business days, the decision shall be deemed final and no additional administrative appeal rights shall be available for either Party.

Upon receipt of any appeal, the Vice President for Legal and Administrative Services shall e-mail the appeal to the non-appealing Party. The non-appealing Party shall have 10 business days to respond to the appeal. Any response to the appeal shall be e-mailed to the Vice President for Legal and Administrative Services, who shall share a copy of the response with the appealing Party.

Once time has expired for the non-appealing Party’s response to the appeal, the Vice President for Legal and Administrative Services shall provide to the College President all materials related to the appeal and any other Relevant information.

The College President shall review all Relevant information and shall draft a final decision in the matter. That draft shall be shared with the Complainant and the Respondent by e-mail within 10 business days of the College President’s receipt of the appeal and associated information. The Complainant and the Respondent shall have 5 business days to review and make a statement of support of, or challenging, the draft outcome. The College President shall review any response received, shall make any changes to the draft, if warranted, and shall render a decision in the appeal to include the rationale for that decision. The decision of the College President shall not be appealable and no further administrative procedure in the matter shall be available to either Party.

Informal Resolution (Mediation)

In lieu of resolving a Complaint through FTCC’s Title IX complaint procedures, the Parties may instead elect to participate in an informal resolution process facilitated by the Title IX Investigator and/or the Title IX Coordinator/Deputy Title IX Coordinator.

Informal Resolution Process

FTCC will notify the Parties in writing of the informal resolution process that FTCC determines to be appropriate. FTCC will not offer informal resolution to resolve a Complaint when such a process would conflict with Federal, State, or local law. Additionally, the College will not permit an informal resolution process in instances where any student under the age of 18 complains of Sex Discrimination or Sex-Based Harassment by a College employee.

No face-to-face meeting is required during an informal resolution process, and participation in such a process must be voluntary. Both the Complainant and Respondent must consent in writing to an attempt to informally resolve the Complaint. Either Party may withdraw their consent to an informal process to resolve the Complaint by providing written notice to the Title IX Investigator, Title IX Coordinator or Deputy Title IX Coordinator. Any withdrawal of consent must be received by the Title IX Investigator, Title IX Coordinator or Deputy Coordinator before agreement is reached on the resolution of any Complaint, including agreement on sanctions and Remedies. Once an agreement is reached to informally resolve the Complaint, the Complaint shall be closed and no further action may be taken against the Respondent on the conduct identified in the Complaint. Agreement shall be deemed reached when both Parties agree in writing as to the informal resolution. If an informal resolution cannot be reached by any deadline set by the College, the formal complaint process will be initiated.

Before the initiation of an informal resolution process, FTCC will explain in writing to the Parties:

• The allegations;
• The requirements of the informal resolution process;
• That any Party has the right to withdraw from the informal resolution process and initiate or resume complaint procedures at any time before agreeing to a resolution;
• That if the Parties agree to a resolution at the end of the informal resolution process, they cannot initiate or resume complaint procedures arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
• What information FTCC will maintain and whether and how FTCC could disclose such information for use in Title IX complaint procedures if such procedures are initiated or resumed.

Disciplinary Sanctions and Remedies

Following a determination that Sex Discrimination and/or Sex-Based Harassment occurred, FTCC may impose Disciplinary Sanctions which may include:

• For College Employees: Counseling, Performance Improvement Plans, Probation, Suspension, Termination, and/or other disciplinary action as appropriate.
• For College Students: Transfer from one course section to another, Counseling, Probation, Suspension, Expulsion, and/or other disciplinary action as appropriate.

FTCC may also provide Remedies, which may include but are not limited to: referrals to counseling, advocacy, and support agencies such as the Employee/Student Assistance Program, security escorts while on College properties, schedule adjustments, and/or other remedial actions as appropriate.

Evidence

FTCC will objectively evaluate all evidence that is Relevant and not otherwise impermissible including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by FTCC to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are Relevant:

• Evidence that is protected under a privilege recognized by Federal or State law or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A Party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the Party or witness, unless FTCC obtains that Party’s or witness’s voluntary, written consent for use in its complaint procedures;
• Evidence that relates to the Complainant’s sexual interests or prior sexual conduct, unless evidence about the Complainant’s prior sexual conduct is offered to prove that someone other than the Respondent committed the alleged conduct or is evidence about specific incidents of the Complainant’s prior sexual conduct with the Respondent that is offered to prove Consent to the alleged Sex Discrimination and/or Sex-Based Harassment. The fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s Consent to the alleged Sex Discrimination and/or Sex-Based Harassment or preclude determination that Sex Discrimination and/or Sex-Based Harassment occurred.

Prohibition of Retaliation

As stated in the Board Policy, any form of Retaliation against anyone involved in a Title IX Complaint is prohibited.

Sanctions imposed against one found to have engaged in Sex Discrimination and/or Sex-Based Harassment shall not be considered Retaliation.

Title IX Officers

• Vice President for HR/IE serves as the Institution’s Title IX Coordinator and is the decisionmaker for Complaints when either the Complainant or Respondent is an employee of the College.
• Personnel Manager serves as a Deputy Title IX Coordinator and is the decisionmaker when the Institution’s Title IX Coordinator is not available.
• Associate Vice President for Student Services serves as a Deputy Title IX Coordinator for Students and is the decisionmaker for Complaints when the Complainant and Respondent are students of the College.
• Associate Vice President for Corporate and Continuing Education serves as a Deputy Title IX Coordinator and is the decisionmaker when the Associate Vice President for Student Services is not available.
• Director of Intercollegiate Athletics serves as Deputy Title IX Coordinator for student athletes and serves as a point of contact for all student athletes.
• Director of Public Safety and Security, Assistant Director of Public Safety and Security serve as Title IX Investigators.
• Senior Lieutenant of Public Safety and Security serves as Title IX Investigator and Case Manager.

Duties of Title IX Officers

• Maintain a working knowledge of Title IX Rules and Regulations, comply with Title IX Rules and Regulations, and ensure equitable treatment of Complainants and Respondents.
• Remove oneself from any involvement in a Title IX matter in which they have a conflict-of-interest and/or bias and notify all other Title IX Officers of self-removal from the process.
• Maintain reasonably prompt timeframes for all major states of the complaint process. If extensions are necessary, the College will determine such on a case-by-case basis. Written notification of any extension will be provided to the Parties.
• Engage in reasonable efforts to inform faculty, staff, vendors, students, and College visitors that Sex Discrimination and/or Sex-Based Harassment is prohibited and the procedures available for filing and seeking resolution to Complaints.
• Take reasonable steps to protect the privacy of the Parties and witnesses during the complaint resolution processes. These steps will not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the complaint procedures.
• Maintain objective evaluation of the Relevant evidence and the exclusion of impermissible evidence while assessing credibility when credibility is in dispute and Relevant.
• Ensure both Parties involved in a Title IX Complaint are offered Supportive Measures upon initial receipt of the Complaint and at any other appropriate time.
• Provide an equal opportunity for the Parties to present fact witnesses and other evidence and for the Parties to access the Relevant and not otherwise impermissible evidence or an accurate description of the evidence, including access to the underlying evidence upon the request of any Party; a reasonable opportunity to respond; and a requirement that the College take reasonable steps to prevent and address unauthorized disclosures.
• Maintain the confidentiality of all records of investigations to the fullest extent permitted under the law but acknowledging that such protections of confidentiality may be incomplete.
• Fulfill all duties and responsibilities in a manner that are fair and impartial to both the Complainant and the Respondent; including but not limited to maintaining a presumption that the Respondent is not responsible for the alleged misconduct until a determination is made at the conclusion of the grievance/complaint procedures.
• The Title IX Coordinator shall be responsible for ensuring the College effectively implements any sanctions and Remedies.
• Use of a Preponderance of the Evidence Standard of proof to determine whether Sex Discrimination and/or Sex-Based Harassment occurred and to identify Remedies for the Complainant or others; Disciplinary Sanctions for those found responsible; and other appropriate steps to prevent Sex Discrimination and/or Sex-Based Harassment.
• The Institutional Title IX Coordinator may approve consolidation of Complaints of Sex Discrimination and/or Sex-Based Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of Sex Discrimination and/or Sex-Based Harassment arise out of the same facts or circumstances.

Definitions

Complainant: a) A student or employee who is alleged to have been subjected to conduct that could constitute Sex Discrimination and/or Sex-Based Harassment under Title IX or its regulations; or, b) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute Sex Discrimination and/or Sex-Based Harassment under Title IX or its regulations and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged Sex Discrimination and/or Sex-Based Harassment.

Complaint (aka Grievance): an oral or written request to the College that objectively can be understood as a request for the College to investigate and make a determination about alleged discrimination under Title IX or its regulations.

Confidential Employee: a) An employee of the College whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this Title IX policy, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies. b) An employee of the College whom the College has designated as confidential under this part for the purpose of providing services related to Sex Discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about Sex Discrimination and/or Sex-Based Discrimination in connection with providing those services; or c) An employee of a post-secondary institution who is conducting an Institutional Review Board-Approved Human-Subjects research study designed to gather information about Sex Discrimination and/or Sex-Based Harassment, but the employee’s confidential status is only with respect to information received while conducting the study.

Consent: Clear words or actions that create the mutual understandable permission of all Parties to willingly engage in sexual activity and the conditions of such activity. Consent can only be given by one who has the mental and physical capacity to make such a decision, and it must be clear, knowing, and voluntary. Consent to engage in one form of sexual activity cannot automatically imply to Consent to engage in any other form of sexual activity. Previous relationships or prior Consent cannot imply Consent to future sex acts. Consent can be withdrawn at any time. Consent may not be granted by a person known to be, or by one who should be known to be, mentally or physically incapacitated. It should be recognized that the lack of protest or resistance is not, in and of itself, Consent and persons who are asleep, unconscious, or unable to communicate due to a mental or physical condition are not capable of granting Consent.

Disciplinary Sanctions: consequences imposed on a Respondent following a determination under Title IX that the Respondent violated the College’s prohibition on Sex Discrimination and/or Sex-Based Harassment.

Party or Parties: When the singular is used, either the Complainant or the Respondent; when the plural is used, both the Complainant and the Respondent.

Preponderance of the Evidence Standard: A finding that a claim or allegation is more likely than not to be true. This term does not refer to the quantity of evidence but rather to the quality of the evidence. It means that the fact finder must be persuaded, considering all the evidence, that the necessary facts to establish the allegation are more likely than not to exist.

Relevant: related to the allegations of Sex Discrimination and/or Sex-Based Harassment under investigation as part of these Grievance procedures. Questions are Relevant when they seek evidence that may aid in showing whether the alleged Sex Discrimination and/or Sex-Based Harassment occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether the alleged Sex Discrimination and/or Sex-Based Harassment occurred.

Remedies: measures provided, as appropriate, to a Complainant or any other person the College identifies as having had their equal access to the College’s education program or activity limited or denied by Sex Discrimination and Sex-Based Harassment. These measures are provided to restore or preserve that person’s access to the College’s education program or activity after the College determines that Sex Discrimination and/or Sex-Based Harassment occurred.

Respondent: an individual who is alleged to have violated FTCC’s prohibition on Sex Discrimination and/or Sex-Based Harassment.

Responsible Employee: any College employee who has been given the duty of reporting incidents of Sex Discrimination or Sex-Based Harassment to the Office of Public Safety and Security or the Title IX Coordinator.

Retaliation: intimidation, threats, coercion, or discrimination against any person by the institution, a student, or an employee or other person authorized by the institution to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the person has reported information, made a Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations.

Sex Discrimination: discrimination based on sex in education programs or activities that receive federal financial assistance.

Sex-Based Harassment: 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:

• Quid pro quo harassment. An employee, agent, or other person authorized by the College to provide an aid, benefit, or service under the College’s 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;
• 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 the College’s 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 the College’s education program or activity;
  • The type, frequency, and duration of the conduct;
  • The Parties’ ages, roles within the College’s 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;
  • Other Sex-Based Harassment in the College’s education program or activity;
• Specific offenses including:
  • Sexual assault meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;
  • Dating violence meaning 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:
      • the length of the relationship;
      • The type of relationship;
      • The frequency of interaction between the persons involved in the relationship.
  • Domestic violence meaning felony or misdemeanor crimes 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 the jurisdiction of the College, or a person similarly situated to a spouse of the victim;
    • Is cohabitating, or has cohabitated, 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 the jurisdiction;
  • Stalking meaning 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.

Supportive Measures

individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a Complainant or Respondent, not for punitive or disciplinary reasons, and without fee or charge to the Complainant or Respondent to:

• Restore or preserve that Party’s access to the College’s education program or activity, including measures that are designed to protect the safety of the Parties or the College’s educational environment; or
• Provide support during the College’s grievance procedures or during an informal resolution process.

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Pregnancy and Related Conditions (Students)

All students in need of modification(s) because of Pregnancy and/or Pregnancy-Related Conditions including lactation, should notify the Deputy Title IX Coordinator for Students.  Any employee of the College who learns of a student’s pregnancy must provide the student with the contact information of the Deputy Title IX Coordinator for Students.  However, if the employee reasonably believes the Deputy Title IX Coordinator for Students has already been notified, the employee need not provide the student with such information. 

Reasonable Modifications may include, but are not limited to: 

• providing modifications to protect the health and safety of the student and/or the pregnancy (such as allowing the student to maintain a safe distance from hazardous substances); 
• making modifications to the physical environment (such as accessible seating); 
• extending deadlines and/or allowing the student to make up tests or assignments missed for pregnancy-related absences; 
• offering remote learning options; 
• excusing Medically Necessary absences (this must be granted, irrespective of classroom attendance requirements set by a faculty member, department, division or College); 
• granting Leave of Absence(s) for so long a period of time as is deemed Medically Necessary by the student’s physician and then effectively reinstating the student to the same status as was held when the leave of absence began and without additional tuition to return to complete the class(es); 
• devising alternative paths to completion in situations such as clinical rotations, performances, labs, and group work if possible.  It may be a Reasonable Modification to permit the student to shift course order or substitute similar courses when returning from a leave of absence; 
• allowing incomplete grades for classes that can be resumed at a future date; 
• granting withdrawals up to the 90% date of the class;  
• allowing breastfeeding students reasonable time and space to pump breast milk in a location that is private, clean, and reasonably accessible. Bathroom stalls do not satisfy this requirement; 
• other Reasonable Modifications as agreed to by the student and the College. 

Nothing in this procedure requires modification(s) to the essential elements of any course or academic program due to Pregnancy and/or Pregnancy-Related Condition.  Reasonable Modifications end at the conclusion of the pregnancy or pregnancy-related condition.   

The Deputy Title IX Coordinator for Students will collaborate with the Title IX Coordinator to determine that such Reasonable Modification(s) are necessary and appropriate, and the Title IX Coordinator will inform faculty members of the need to adjust academic parameters accordingly. 

Faculty and staff will not require a student to take a Leave of Absence, or withdraw from, or limit their studies as the result of pregnancy, childbirth, or pregnancy-related conditions.  

College employees are prohibited from interfering with students’ right to take leave, seek Reasonable Modification, or otherwise exercise rights under this procedure. 

Students who believe they have been denied access to Reasonable Modification may file a Title IX Complaint (see Title IX: Sex Discrimination and Sex-Based Harassment Procedures). 

Lactation Room 

FTCC recognizes the importance of supporting students/employees who choose to breastfeed after the birth of a child.  Thus, we maintain a family-friendly space for those members of our campus community.  Lactation rooms have been established on campus, which allows mothers to breastfeed or express milk comfortably without interruption.  For one year after the birth of a child, students/employees may request a schedule modification to take reasonable break time each time such student/employee has need to express milk. 

Lactation rooms are located as follows and are available on a first-come, first-served basis: 

Building Room 

• • Collision Repair and Refurnishing Technology Building 103 
  • Collision-U, Spring Lake 111-C 
  • Education Center/Pauline Jones High School 24 
  • Fire and Rescue Training Center 124 
  • General Classroom Building 103
  • Horticulture Educational Center 102 
  • Neill Currie Building 9-A 
  • Nursing Education Simulation Center 139 
  • Tony Rand Student Center 13 
  • Spring Lake Center 127 

Privacy 

As with disability modifications, information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification. 

Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary. Administrative responsibility for these modifications lies with the Deputy Title IX Coordinator for Students, who will maintain all appropriate documentation related to any modification. 

Definitions 

Deputy Title IX Coordinator for Students:  Associate Vice President for Student Services 

Leave of Absence: An absence from the classroom or extracurricular activities because of a pregnancy and/or pregnancy-related condition and deemed necessary and documented by an appropriate health care provider. 

Medically Necessary: a determination made by a health care provider (of the student’s choosing) that a certain course of action is in the patient’s/student’s best health interests. 

Pregnancy and/or Pregnancy-Related Conditions: include, but are not limited to, pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, lactation, and recovery from any of these conditions. 

Pregnancy Discrimination: includes treating an individual affected by pregnancy or a pregnancy-related condition less favorably than similar individuals not so affected, and includes a failure to provide legally mandated leave or modification. 

Reasonable Modification: for the purpose of this procedure, changes in the academic environment or typical operations that accommodate and enable pregnant students or students with pregnancy-related conditions to continue to pursue their studies and enjoy the equal benefits of an education at Fayetteville Technical Community College. 

Title IX Coordinator: Vice President for Human Resources and Institutional Effectiveness