Non-Discrimination Statement
Pamlico Community College does not discriminate in its educational programs, activities, admission, or employment on the basis of sex, age, disability, race, color, national origin, sexual orientation or religion. Title IX and U.S. Department of Education regulations require that the College not discriminate on the basis of sex.
For information about Title IX for employees, contact Lee Tillman, Vice President of Financial Services, at ltillman@pamlicocc.edu or 252-249-1851 ext. 3003. For Section 504 information and Title IX for students, contact Mr. Jamie D. Gibbs, Vice President of Student Services, at jgibbs@pamlicocc.edu or 252-249-1851 ext. 3021.
Campus Procedures & Regulations
Pamlico Community College provides an atmosphere free from sexual harassment for students, employees, and visitors.
Any employee or student who believes he or she has been subjected to sexual harassment has the right to file a complaint and to receive prompt and appropriate handling of the complaint. Further, all reasonable efforts shall be made to maintain the confidentiality and protect the privacy of all parties. For more information, refer to the Sexual Harassment Grievance Procedure.
The Title IX Coordinators shall be responsible for assisting employees and students in seeking guidance or support in addressing matters relating to sexual harassment or inappropriate behavior of a sexual nature. The Title IX Coordinators are also responsible for the investigation of any complaint alleging sexual harassment or sexual misconduct. For Title IX assistance involving employees, contact Lee Tillman, Vice President of Financial Services at ltillman@pamlicocc.edu or 252-249-1851 ext. 3003. For Title IX assistance involving students, contact Mr. Jamie Gibbs, Vice President of Student Services, at jgibbs@pamlicocc.edu or 252-249-1851 ext. 3021.
Sexual Misconduct/Sexual Harassment
Pamlico Community College (PCC)’s Board of Trustees (the Board) is committed to maintaining a campus environment free from sexual harassment, domestic violence, dating violence, sexual assault and stalking, collectively referred to as sexual misconduct.
The Board and PCC employees take seriously the obligations placed on colleges and universities by the Title IX civil rights laws and the federal Violence Against Women Reauthorization Act (VAWA) signed into law March 7, 2013. VAWA includes the Campus Sexual Violence Act (SaVE Act) provision, Section 304, which updates the 1990 Jeanne Clery Act.
The Board prohibits the crimes of dating violence, domestic violence, sexual assault, stalking or other harassment or discrimination against any person because of race, color, religion, gender, national or ethnic origin, genetic characteristics, gender identity, sexual orientation or any other category prohibited by law.
Sexual Misconduct reporting procedures, PCC’s response to allegation of sexual misconduct, Complainant/Respondent rights, interim interventions, potential sanctions, and definitions are published in PCC Procedures Chapter 6. The full text of the Board of Trustees policy may be found in Board Policies 2.86. The Title IX Coordinator will provide a hard copy upon request.
Title IX Complaint Process
The Title IX Complaint Process provides an aggrieved student or employee grievance procedures that provide for the prompt and equitable resolution of complaints related to sex discrimination. For any sex discrimination complaint that is not related to sexual harassment, the student or employee may follow the College’s Grievance Policy as outlined in Board Policies 2.88 and 2.89 or report a complaint of sex discrimination to the Regional Office of Civil Rights (OCR) for investigation. Contact the Title IX Coordinator for information or see How to File a Discrimination Complaint with the Office for Civil Rights. The OCR address for higher education for North Carolina is Office for Civil Rights, District of Columbia Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-1475 or Email: OCR.DC@ed.gov
For any sexual harassment complaint, the College adheres to the Sexual Harassment Grievance Procedure described below.
Sexual Harassment Grievance Procedure
The following procedure complies with the Title IX regulations promulgated in 2020 by the U.S. Department of Education addressing sexual harassment complaints in educational institutions. Although alleged victims of sexual harassment have options to pursue actions outside of this Sexual Harassment Grievance Procedure (such as filing an OCR complaint as described in the Title IX Complaint Process policy, pursuing civil litigation, or pressing criminal charges), this procedure addresses how Pamlico Community College (the “College”) will respond to allegations of sexual harassment that occur when an individual is participating in or attempting to participate in an educational program or activity by the College that occurs in the United States.
Under Title IX regulations, the College’s obligations are to:
1. Promptly respond to individuals who are alleged to be victims of sexual harassment by offering supportive measures;
2. Follow a fair grievance process to resolve sexual harassment allegations when a complainant requests an investigation or the Title IX Coordinator decides that an investigation is necessary; and
3. Provide remedies to victims of sexual harassment.
Definitions
Complainant – A student or employee who is alleged to be the victim of conduct that could constitute sexual harassment.
Respondent – An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
Sexual Harassment – Conduct on the basis of sex that satisfies one or more of the following:
a. A College employee conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct;
b. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or
c. Sexual assault as defined in 20 U.S.C. § 1092(f)(6)(A)(v), dating violence as defined in 34 U.S.C. § 12291(a)(10), domestic violence as defined in 34 U.S.C. § 12291(a)(8), or stalking as defined in 34 U.S.C. § 12291(a)(30).
Formal Complaint – A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the College investigate the allegation of sexual harassment. In order to file a formal complaint, the Complainant must be participating or attempting to participate in the College’s educational programs or activities in the United States. A formal complaint may be filed by submitting a written, signed document to the Title IX Coordinator via mail or email.
Supportive Measures – Non-disciplinary, non-punitive individualized services the College offers to a Complainant or Respondent without fee or charge to help restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party. Such measures may include counseling, extensions of deadlines, course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, or increased security and monitoring of certain areas of the campus.
Advisor – An individual of the party’s choice who accompanies the Complainant or Respondent during the grievance process, who may be, but is not required to be, an attorney.
Title IX Coordinator – An individual designated by the College to coordinate its efforts to comply with the College’s responsibilities under Title IX.
Investigator – An individual selected by the Title IX Coordinator to investigate a formal complaint. (The Title IX Coordinator may serve as the Investigator.)
Decision-maker – An individual selected by the Title IX Coordinator to adjudicate a formal complaint during the live hearing. The Decision-Maker cannot be the same person at the Title IX Coordinator or the Investigator.
Preponderance of the evidence – The standard of evidence used by the Decision-Maker to determine responsibility of a formal complaint. For the Decision-Maker to make a determination under the preponderance of the evidence standard, he or she must conclude that a fact is more likely than not to be true.
Reporting Sexual Harassment
The College’s Sexual Harassment Grievance Procedure will begin if an individual reports sexual harassment allegations to the College’s Title IX Coordinator, or to the College’s President or Vice President of Student Affairs. This report may be in person, by phone, email, or mail.
The Title IX Coordinator will promptly (within at least 3 business days) contact Complainant to (1) discuss availability of Supportive Measures; (2) explain that Supportive Measures are available regardless of whether a formal complaint is filed; (3) explain the process for filing a formal complaint.
Formal Complaint
A Complainant may choose to file a formal complaint by giving a written statement to the Title IX Coordinator in person or sending the complaint via mail or email. The Title IX Coordinator may choose to file a formal complaint on behalf of the Complainant (and against the Complainant’s wishes) only if doing so is not clearly unreasonable in light of the known circumstances.
If a formal complaint is filed, the Title IX Coordinator will provide written notice to the Respondent and Complainant regarding details of the allegations, this grievance procedure, informal resolution process (if appropriate), and other pertinent information.
Dismissal
The Title IX Coordinator may dismiss a formal complaint if the conduct alleged, even if true, (1) would not constitute sexual harassment as defined above (and in 34 C.F.R. § 106.30); (2) did not occur in the College’s education program or activity; or (3) did not occur against a person in the United States. If any of these three circumstances exist, then the College must dismiss the formal complaint for purposes of Title IX sexual harassment, but such dismissal does not prevent the College from taking action under its other policies.
The College also may dismiss a formal complaint if the Complainant chooses to withdraw the allegations; the Respondent is no longer enrolled or employed by the College; or specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
Upon dismissal of a formal complaint, the College will promptly send written notice of dismissal and reasons for the dismissal to all parties.
Informal Resolution
Except when allegations involve a College employee sexually harassing a student, the Title IX Coordinator may offer the parties the opportunity to informally resolve a formal complaint at any time prior to a final determination of responsibility. The Title IX Coordinator must obtain the parties’ voluntary, written consent to the informal resolution process. Either party has the right to withdraw from the informal resolution process and resume the grievance process at any time.
Investigation of Formal Complaint
Following submission of a formal complaint and notice to the parties, the Title IX Coordinator or the assigned Investigator will conduct an investigation of the allegations and gather evidence sufficient to reach a determination regarding responsibility. As part of the investigation, the Investigator may hold hearings, investigative interviews, or other meetings. A party whose participation is invited or expected in any of these activities will be provided with written notice of the date, time, location, participants, and purpose, and given sufficient time to prepare to participate. All parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
Toward the end of the investigation, the Investigator will send to each party (and Advisor) the evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint. Each party will then have 10 calendar days to submit a written response, which the Investigator will consider prior to completion of the investigative report. The Investigator will then create an investigative report that fairly summarizes relevant evidence. The investigative report will be sent to the parties (and Advisors) at least 10 calendar days prior to the live hearing.
Hearing Regarding Formal Complaint
Once an investigation has been conducted, all parties will be asked to be present for a live hearing that will be facilitated by the Decision-Maker. The Title IX Coordinator will provide notice of the date, time, and location of the live hearing. During the hearing, the Decision-Maker(s) will allow each party’s Advisor to ask the other party and any witnesses all relevant questions and follow-up questions. Cross-examination must be conducted orally and in real time by the party’s Advisor, and not by a party personally. If a party does not have an Advisor, the College will provide one without charge to that party.
Any cross-examination questions an Advisor plans to ask the Complainant or Respondent must be submitted to the Decision-Maker no later than five (5) calendar days prior to the scheduled hearing. The Decision-Maker will review all proposed cross-examination questions prior to the hearing to determine if they are appropriate. During the hearing, the Decision-Maker also must determine whether questions asked of other witnesses (if any) are relevant and explain any decision to exclude a question.
Either party may request that the live hearing occur with the parties located in separate rooms with technology enabling the Decision-Maker(s) and parties to simultaneously see and hear the party or the witness answering questions.
The College will arrange for a transcription or other recording of the live hearing and make it available to the parties for review afterward.
The Decision-Maker(s) will conduct an objective evaluation of all relevant evidence, determine whether there is a preponderance of evidence that sexual harassment occurred, and issue simultaneously to both parties a written decision regarding responsibility, including any sanctions imposed on Respondent and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided to Complainant.
Disciplinary Sanctions and Remedies
Following are the disciplinary sanctions the Decision-Maker(s) may impose following a determination of responsibility:
1. Suspension (unpaid for employees)
2. Termination or expulsion
Following are potential remedies the Decision-Maker(s) may award following a determination of responsibility:
1. Counseling
2. Course-related adjustments
3. Campus escort services
4. Restrictions on contact between the parties
5. Changes in work or housing locations
6. Leave of absence
7. Increased security and monitoring of certain areas of the campus.
While the disciplinary sanctions must be disclosed in the Decision-Maker’s determination, the remedies may be kept confidential and separately determined between the Complainant and Title IX Coordinator.
Appeals
A party may appeal from a determination regarding responsibility or the College’s dismissal of a formal complaint (or any allegations therein) for the following reasons:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made,
that could affect the outcome of the matter; or
3. The Title IX Coordinator, Investigator, or Decision-Maker(s) had a conflict of interest or bias for or against complainants or
respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
A party may file an appeal by submitting a written request for appeal to the Title IX Coordinator within 10 calendar days of the rendered outcome of the case. Upon receipt of an appeal, the College will notify the other party in writing.
The College will then appoint an appellate Decision-Maker(s), who cannot be the Title IX Coordinator, Investigator, or the Decision-Maker(s) who reached the determination regarding responsibility. Each party will have 10 calendar days from the date the College informs both parties of the appeal to submit a written statement in support of, or challenging, the outcome.
The appellate Decision-Maker(s) will then issue a written decision simultaneously to both parties describing the result of the appeal and the rationale for the result.
Important Notes
1. The Respondent is presumed to not be responsible for the alleged conduct until a determination regarding responsibility is made
at the conclusion of the grievance process.
2. The College will not impose discipline on a Respondent or take other actions that are not Supportive Measures unless and until a
determination of responsibility for sexual harassment has been made against the Respondent.
3. At all times during the grievance process, all parties may be accompanied by the Advisor of their choice, who may be, but is not
required to be, an attorney.
4. The College will keep confidential the identity of all parties involved in the Sexual Harassment Grievance policy, except as may be
permitted by FERPA or otherwise required by law.
5. Nothing in this procedure prevents the College from pursuing the immediate removal of an individual if sexual harassment
allegations justify such removal and the College provides the Respondent with notice and opportunity to challenge the emergency removal decision immediately following the removal.
Prohibition of Retaliation
The College will not retaliate against any individual because he or she made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing as required by these Title IX procedures. However, violating the College’s Code of Conduct for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute retaliation.
Any questions regarding the Sexual Harassment Grievance Procedure should be directed to the Title IX Coordinator.
From the Pamlico Community College Website
Pamlico Community College does not discriminate in its educational programs, activities, or employment on the basis of sex, age, disability, race, color, national origin, sexual orientation or religion.
For information about Title IX for employees contact the Human Resources Title IX Coordinator, Lee Tillman, at ltillman@pamlicocc.edu or 252-249-1851 ext. 3003. For Section 504 of the Rehabilitation Act of 1973 and the Americans with Disability Act information and Title IX for students, contact the Vice President of Student Services, Jamie Gibbs, at jgibbs@pamlicocc.edu or 252-249-1851 ext. 3021.
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