1. Associate General Counsel
Helping UNC Charlotte Respond to Sexual Misconduct, Relationship Violence, and Stalking
August 15, 2016
Sarah O. Edwards
Associate General Counsel

2. Title IX Federal law requires the university to:
Investigate allegations of sex discrimination, including sexual harassment/sexual violence, relationship violence, and stalking
Take prompt and effective steps to . . .
end the harassment/violence,
eliminate the hostile environment,
prevent its recurrence, and
remedy its effects

3. What That Means for You Responsible Employees:
All faculty members are responsible employees and must share information about the incident with the Title IX Coordinator or a Deputy Coordinator
Students need to know that you cannot keep this information confidential (standard syllabus language available at
Contact Jennifer Newell, Title IX Coordinator
7-6130,

4. Incidents to report
Sexual harassment = unwelcome conduct of a sexual nature that creates a hostile environment (severe, persistent, or pervasive)
Gender-based harassment = unwelcome conduct based on an individual’s actual or perceived gender that creates a hostile environment (severe, persistent, or pervasive)
Sexual assault = sexual act (intercourse or oral sex) or sexual contact (touching of intimate parts) without consent
Sexual exhibitionism = engaging in sex or exposing one’s intimate parts (buttocks, genitalia, groin, breast (unless breastfeeding)) in the presence of others
Sexual exploitation = taking abusive sexual advantage of someone (e.g. non- consensual explicit photographs, prostituting someone, voyeurism, etc.)

5. Incidents to report
Stalking = two or more acts directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or (b) suffer substantial emotional distress
Relationship violence =
* physical or sexual violence, or threat of such violence, against current or former dating partner (dating violence)
* crime of violence against current or former spouse, cohabitating intimate partner, child, parent, or other parent of child (domestic violence)
Retaliation = threats/intimidation/harassment against someone who engaged in protected activity (e.g. filed a complaint, is participating as a witness, etc.)
* All of these violations (except harassment, stalking, and retaliation) include attempts to commit the acts and assisting someone else in committing the acts.

6. Confidentiality
Only these places on campus can provide confidentiality:
Counseling Center
Student Health Center
Center for Wellness Promotion
psychologists in Athletics Department
Graduate School ombuds (not faculty ombuds)
Title IX Coordinator will keep information as private as possible, only involving individuals who need to know
Victims/survivors are very much in control of the process even once their incident has been reported (including decision of whether to involve police)

7. Incident Report

8. Interpersonal Violence Resource Guide
• Give victim/survivor a printed copy
(if not handy, it as soon as possible)
• Available at
• Information on resources,
confidentiality, DV protection, evidence preservation, relevant contact info,
student conduct process, etc.

9. Student Support Process
Resources:
counseling
health or mental health
victim advocacy
Accommodations:
academic
University housing
transportation
University employment

10. Student Conduct Process
(1) Complaint (2) Meetings to discuss resources, accommodations, process (3) Complainant decides next steps (4) Title IX investigation (5) Mutual resolution (if offered and accepted by both Respondent and Complainant) (6) Hearing by single trained hearing officer (7) Decision communicated to both parties (8) Both parties can appeal (9) Both parties are kept informed of changes

11. Another Note
Recent federal guidance is clear that universities must treat students consistently with their gender identities.
Using “Mr.” or “he” when addressing a transgender female (and vice versa) could be considered harassment under Title IX.
Faculty should use a student’s preferred name even if it does not conform to the class roster and regardless of whether the name has been legally changed.
University is working on a preferred name policy.

12. Campus SaVE Act Think About It online module
distributed to all incoming students
includes interactive scenarios discussing sexual assault, relationship violence, stalking, and consent as well as warning signs, risk reduction, and bystander intervention
What if a faculty member is a victim of these offenses?
PowerPoint distributed to you soon
Lori McMahon, Associate Provost for Academic Budget and Personnel, is contact person for investigations and resolutions
If student perpetrator, process goes through Title IX Office (investigation) and Office of Student Conduct (adjudication)

13. Contact Us! Office of Legal Affairs Counseling Center (for students)
3rd floor Cato, 7‑5732
Jennifer Newell (TIXC)
119 King,
Lori McMahon (Associate Provost)
515 Reese,
Dean of Students Office
217 King,
Counseling Center (for students)
158 Atkins,
Center for Wellness Promotion
290 Student Health Center, 7‑7407