FAQs for Respondent

Yes. For both students and employees, Title IX applies to online behavior, including posts made on all social media platforms.  

Athletics is one of the key areas addressed under Title IX.  However, Title IX applies to every aspect of education, including admission, recruitment, comparable facilities, access to course offerings, access to schools of vocational education, counseling and counseling materials, financial assistance, student health and insurance benefits and/or services, housing, marital and parental status, physical education and athletics, education programs and activities, and employment. 

Review University Policy 207, Title IX Sex-Based Misconduct and the Title IX Reporting, Intake, and Investigation Process – Appendix A to University Policy 207, Title IX Sex-Based Misconduct to understand your rights and responsibilities. The Title IX Coordinator can explain the University’s grievance procedures for addressing sex-based misconduct complaints. If you are a student, you should consider getting confidential counseling through the Counseling Center or a provider of your choice. If you are an employee, you should consider getting free confidential counseling through the Employee Assistance Program or a community provider of your choice. 

No, your case will not be dismissed based solely on your accuser and you being the same sex (gender). Anyone can engage in sex-based misconduct. Your gender and the gender of your accuser are irrelevant to the issue of whether you are responsible for the conduct alleged. Students and employees should report all incidents of sex-based misconduct regardless of the gender of the accused and accuser. 

What may happen to me if someone files a Formal Complaint accusing me of sex-based misconduct or relationship violence?  

The Title IX Office will investigate the allegations and draft a Final Investigation Report that will outline the evidence gathered. Both you and the Complainant will have an opportunity to receive periodic updates and provide witnesses and other evidence during the Title IX investigation. If you are a student, the Title IX Office will refer the matter to the Office of the Dean of Students for resolution under the Student Conduct Regulations. If you are a student and your complaint involves a staff member, the Title IX Office will refer your matter to the Division of Human Resources for resolution through the applicable disciplinary and grievance process for SHRA or EHRA employees. If you are a faculty member, the Title IX Office will refer your matter to the Office of the Provost and Executive Vice Chancellor for Academic Affairs for resolution through the applicable faculty disciplinary and grievance process.

If you are a student, you can talk to a counselor at Counseling Services on campus. Counselors cannot share the information that you discuss during counseling.  If you are an employee, you should contact the Employee Assistance Program, which also provides confidential counseling. If you want help understanding your options regarding an incident of sex-based misconduct or relationship violence, you should contact the Title IX Office. However, be aware that the Title IX Office’s confidentiality requirements are limited.   

Communications from the Title IX Office will usually be in writing by email or letter. Meetings will usually be conducted using a virtual platform or by telephone. Occasionally, the Title IX Office may contact you by text message. You will receive an email summarizing the discussion after telephone and text conversations. 

The Title IX Coordinator is the individual designated by the University to coordinate the University’s compliance with Title IX, including overseeing all sexual harassment and sex discrimination complaints, and identifying and addressing patterns or systematic problems identified from reviewing those complaints. The Title IX Coordinator is available to meet with students, employees, and other individuals to conduct training and presentations, or to discuss the University’s obligations under Title IX and the Title IX policy. The Title IX Coordinator is also responsible for determining whether complaint allegations are prohibited misconduct under the Title IX policy; appointing investigators to conduct investigations in cases where a formal complaint was filed; ensuring that reports and complaints are handled properly in a prompt and timely manner; informing students, employees, and witnesses of their rights before and during a formal investigation and what campus and community support resources are available to them; monitoring the University’s compliance with Title IX; ensuring appropriate education and training for Title IX Office staff, students, and employees; and maintaining information and documentation related to complaints and investigations in a secure manner, consistent with the University’s obligations to disclose information as required by law. 

The Title IX Coordinator will send you written notice of the allegations.  

You will receive a letter from the Title IX Coordinator notifying you about the complaint. The letter will contain:  

  • The Complainant’s name;  
  • The specific policy violation alleged; 
  • Date(s) of the alleged policy violation(s); 
  • Location(s) of alleged policy violation(s); 
  • Brief description of allegation(s);  
  • Whether an investigation will be conducted by a Title IX Investigator; 
  • Information about the applicable University grievance process; 
  • Notice that you may have an advisor of choice, and that the advisor can accompany you to any meeting or hearing; 
  • Notice that you have a right to inspect and review evidence; 
  • A statement and specific reference to any provision in the University’s codes of conduct or policies that prohibit knowingly making false statements or submitting false information during the Title IX process; and 
  • Notice that you have the right to discuss the allegations being investigated, and to gather and present evidence relevant to the allegations. 

 

The letter will also instruct you to contact the Title IX Office to schedule a meeting with the Title IX Coordinator.  

Whether you should hire a lawyer at your own expense is a very personal decision. Anyone accused of sex-based misconduct must determine whether to hire an attorney to help them with criminal charges or civil lawsuits. The University does not require you to retain an attorney. The University will provide an Advisor to assist you through the Title IX process if you do not have your own Advisor. 

There are various resources available on campus and in the community (Campus Resources .and Community Resources) Counseling Services is a free resource on campus for students. The Employee Assistance Program (EAP) is a free benefit for employees.  

Every case is different.  However, the initial meeting usually takes about one hour. 

The Title IX Coordinator will explain the Title IX process, the University’s disciplinary process that would apply to your case, and your rights and responsibilities during the process. The Title IX Coordinator will discuss the availability of supportive measures such as changes to courses, work assignments, activities, living arrangements, or other steps that may be necessary during the complaint resolution process. The Title IX Coordinator will also provide you with the name(s) of the Title IX investigator(s) assigned to investigate the matter, and talk to you about resources available at the University and services that you may be able to receive in the community.  You have the right to have an Advisor of your choice present during the meeting. The University will provide an Advisor to assist you through the Title IX process if you do not have your own Advisor. 

The Advisor can be anyone you choose, who may or may not be an attorney (e.g. friend, attorney, parent, pastor, neighbor, etc.). You can bring an Advisor to any meeting, interview, or hearing regarding the allegations of sex-based misconduct. The Advisor cannot be a witness, potential witness, or character witness in the case, and your Advisor cannot answer questions for you. However, your Advisor can observe and consult with you in meetings and hearings. During hearings, your Advisor must conduct cross-examination of witnesses if you or your Advisor have questions for the witnesses. 

The Title IX Office will conduct a thorough investigation and make every attempt to gather all relevant information. The Title IX Office will provide the information to the relevant disciplinary authorities to determine whether the facts show that you were falsely accused. If someone knowingly or recklessly provides false or misleading information to gain a personal advantage, or with the intention to harm or get back at someone, their actions may result in sanctions under the University’s Student Conduct Regulations or disciplinary action under the appropriate employee disciplinary policy. However, if they provide information in good faith that they really believed was true (e.g., not knowingly or recklessly providing false information) that later proves false, they will not likely face sanctions or disciplinary action through the University.  You always have the right to contact a lawyer at your own expense to discuss potential legal action. 

The Title IX Coordinator will work with you to assess your need for supportive measures. The Title IX Investigator will contact you to schedule a time to talk with you about your case. 

 

If you plan to bring your own advisor, please complete the FERPA form online. Gather any evidence that you think is relevant to the case. This includes text messages, pictures, videos, social media messages, and any other information that you have. Bring a list of witnesses if you have any. 

The Title IX Investigator will try to talk to witnesses who have a better memory and review other evidence (text messages, Facebook messages, videos, etc.) to try to determine what happened. It would be helpful for you to provide as much information as you can remember. 

 During the investigation, the parties will have an equal opportunity to explain what happened from their point-of-view, to submit information and evidence, to identify witnesses who may have relevant information, and to submit questions for the Title IX Investigator to ask the other party or witnesses. The Title IX Investigator will notify and meet separately with the Complainant, Responding Party, and other witnesses to gather information about what happened. The Title IX Investigator will want all relevant information, including, without limitation, electronic or other communications between the parties or witnesses (via voice-mail, text message, email, social media sites), photographs (including those stored on computers and smartphones), and medical records (if the person to whom the medical records belong consent). If law enforcement is involved, the Title IX Investigator may coordinate efforts with law enforcement officers to conduct an efficient investigation and avoid the parties having to explain the events multiple times. You can have your Advisor present with you for the interview.  

Title IX investigations take time, and can be complex or straight forward, which can create variations with the timeline. The length of the process depends on the facts of each case (e.g. the number of witnesses, any college breaks, etc.). Many schedules have to be coordinated. The University is committed to a complete and fair investigation of reports involving Title IX issues. Title IX investigators try to talk to witnesses and gather evidence at a reasonable pace while ensuring a prompt, thorough, and fair process. It is not possible to create a strict timeline that will apply to every case. 

If you are a student and withdraw from the University, the investigation will continue. Once you withdraw and are no longer a student, the University may not be able to compel you to comply with sanctions. Undergraduate and Graduate Admissions and the University Registrar will be notified.  If you later seek readmission, the University will take steps to address the misconduct allegations that were pending when you withdrew. If you are an employee and resign from the University, the investigation will continue. Depending on the outcome of the investigation, any attempt to obtain employment at another UNC System institution or North Carolina State agency may be affected. 

A No Contact Letter is a directive issued by the University that gives specific instructions regarding whom the student or employee should not contact. Contact includes phone calls, emails, text messages, interaction through social media, in-person encounters, or asking others to take the action for you that the order prohibits you from doing. Having another person contact the person named in the No Contact Letter for you will usually be a violation of the directive. You also risk violating the directive if the person named in the letter asks a friend or family member to contact you and you respond. If the University issues a No Contact Letter, you should comply or risk sanctions or disciplinary action. A No Contact Letter does not mean that an investigation is taking place; however, the University may issue a No Contact Letter in conjunction with an investigation. 

An interim suspension is an immediate suspension that remains in effect until a student conduct hearing takes place and the Dean of Students and/or other University officials determine that the interim suspension is no longer necessary. The University issues interim suspensions when the alleged behavior shows that students may pose a threat to themselves, others, or to property. Interim suspensions are sometimes necessary to maintain the safety of the University community, and is limited to situations where a student poses a serious and immediate danger or threat to persons or property. Students under an interim suspension are typically not allowed to access campus services without first obtaining permission from the Office of the Dean of Students. Interim suspensions can temporarily affect a student’s ability to live on campus, access dining services, attend class, participate in other student services and events on campus, or even otherwise be present on University property. If a student under an interim suspension needs to access certain support services, they must contact the Office of the Dean of Students to facilitate the request. 

Investigatory leave is an immediate removal of an employee from work status to investigate allegations of performance or conduct deficiencies that would constitute just cause for disciplinary action; to avoid disruption of the work place and to protect the safety of persons or property; to facilitate a management-directed referral or fitness-for-duty/risk evaluation to ensure the employee’s safety and the safety of others; and/or to obtain medical or psychological information regarding the employee’s fitness to perform essential job functions; and/or to provide time within which to schedule and conduct a pre-disciplinary conference or hearing, if necessary.  Employees on investigatory leave are typically not allowed to access campus services without first obtaining permission from the Division of Human Resources. Investigatory placement can temporarily affect an employee’s ability to contact other employees, attend classes (if also a student), engage in University-sponsored or campus activities, or even otherwise be present on University property.

No. The University will not expel or discharge you solely because of an accusation. There are no predetermined sanctions or discipline for sexual misconduct. First, there must be a determination of whether you are responsible for the alleged conduct. The severity of any sanctions or discipline will depend on the severity, frequency and/or nature of the offense, history of disciplinary actions, past discriminatory, harassing, or retaliatory conduct, your willingness to accept responsibility, any mitigating or aggravating circumstances, the University’s previous responses to similar conduct, and the University’s interests. If you are later found responsible for the conduct alleged, one of the sanctions or discipline may be expulsion or discharge.

The University respects the sensitive nature of incidents involving alleged sexual misconduct and takes care to protect the privacy of all parties involved in an incident, to the extent allowed by law and University policies. The Title IX Office only shares information on a need-to-know basis with individuals involved in the investigation and/or resolution of a complaint, and certain University administrators. Those individuals usually include Title IX Office staff and staff in the Office of Legal Affairs.  The Title IX Office may also share complaints involving students with the Student Conduct Office, and complaints involving employees with the Division of Human Resources. During the formal process to resolve the complaint, witnesses will be asked to provide information about the allegations. If an investigation results in a hearing, the individuals involved in the hearing (hearing panel members, staff members, advisors, witnesses) will learn more about the incident; however, these individuals received clear instructions regarding confidentiality and have agreed not to share information about an incident outside the conduct process.  

 Under the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act), the University must provide the public with statistics regarding sexual misconduct and certain other crimes on and near campus in an annual safety report. The annual report must include crime statistics for the prior three years, policy statements regarding safety and security measures, campus crime prevention program descriptions, and procedures for investigating and prosecuting alleged sex offenses. However, the University does not post the names of individuals involved in the various matters.

Maybe. In DTH Media Corp. v. Folt, a UNC student newspaper asked that the school “release the names, offenses and disciplinary actions taken by the University against faculty or students who committed instances of sexual misconduct.”  When UNC refused, the paper took the case to court. The North Carolina Supreme Court ruled that schools must release those records when requested. N.C. A&T will not publicly release details about your case unless a proper legal request is made and the law allows releasing the information. The University will also take steps to notify you before any disclosure as allowed by law. 

 

The University’s primary relationship is to you, the student, and not to your parent/guardian. Generally, the University does not contact the parents of students involved in sex-based misconduct or relationship violence incidents. You are strongly encouraged to tell your parents/guardians about these types of incidents. University officials will only speak with your parents/guardians or share details about your case if you request it and complete a FERPA release online for your parent or guardian, when there is a significant threat to your health or safety, or when you are a minor.

Student respondents sometimes request academic measures such as extensions on assignments and rescheduled exams. In order to preserve the privacy of students, the Title IX Office will submit academic flexibility requests to faculty on behalf of the Title IX Office. Employee respondents sometimes request changes to work assignments and/or schedules. In those cases, the Title IX Office will submit flexibility requests to managers and/or supervisors on behalf of the Title IX Office.

The University defines retaliation as intimidating, threatening, coercing, or discriminating against any person for the purpose of interfering with any right or privilege secured by Title IX or another policy because the person made a report or complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing. The University strictly prohibits retaliation against anyone who initiates a sexual misconduct or relationship violence complaint, participates in an investigation, or pursues legal action. N.C. A&T takes all allegations of retaliation seriously, and will not only take steps to prevent retaliation, but will take strong responsive action if it occurs. Please document and contact the Title IX Office immediately to share any incidents or behaviors that you believe may be retaliation so that the University can take appropriate action. Any student or employee found to have retaliated against an individual in violation of University policies are subject to sanctions or disciplinary action. 

Yes. The University takes all complaints involving Title IX and other misconduct seriously, whether or not the accuser was drinking or using drugs. Generally, a Complainant will not get in trouble for voluntary, personal use of drugs or alcohol.

Yes. You are still responsible for your actions even if you were drunk or high at the time that you engaged in sex-based misconduct. Your voluntary intoxication does not excuse your conduct.  

A Draft Investigation Report (DIR) is a written summary of the information that the Title IX Investigator gathered during the investigation.  The DIR outlines the information that the parties agree on, and the information that they disagree on. The DIR does not include any conclusions as to responsibility. The Complainant and Responding Party are provided with a copy of the DIR and given an opportunity to review the DIR; meet with the Title IX Investigator; submit additional comments and information to the Title IX Investigator; identify any additional witnesses or evidence for the Title IX Investigator to pursue; and submit additional questions that they believe that the Title IX Investigator should ask the other party or witnesses.

A Final Investigation Report (FIR) is a written report which includes, subject to confidentiality protections provided by law: details of the allegations in the complaint; a summary of witness statements; identification of relevant evidence examined; a summary of consistency in parties’ or witness statements and evidence; and a summary of inconsistencies in parties’ or witness statements and evidence. 

 

Yes. Complainants have the right to pursue campus resolution of a complaint, as well as criminal and/or civil resolution independent of the University. The University’s processes will move forward whether or not the Complainant takes criminal or civil legal action regarding the same incident. 

Students: A hearing officer or panel will make a decision regarding responsibility through the Student Conduct hearing process. The Dean of Students determines discipline for anything less than suspension. The Vice Chancellor for Student Affairs determines discipline that involves suspension. The Chancellor determines discipline when expulsion is recommended.  

SHRA Employees: The Vice Chancellor for Human Resources or designee may consult with your manager and/or direct supervisor to determine responsibility and discipline in accordance with Office of State Human Resources and University policies.  

EHRA Employees: The Vice Chancellor for Human Resources or designee may consult with your manager and/or direct supervisor to determine responsibility and discipline in accordance with the UNC Code and Policy Manual and University policies. 

Faculty: The Provost and Executive Vice Chancellor for Academic Affairs or designee may consult with the Dean or Department Chair to determine responsibility and discipline in accordance with the UNC Code and Policy Manual and University policies. 

Question of Responding Party’s Status: If there is a question as to your relationship with the University as a student or SHRA or EHRA employee, the Vice Chancellor for Student Affairs, and the Vice Chancellor for Human Resources will work together to determine responsibility and discipline. 

Complaints can be resolved in one of several formal or informal ways. It depends on the allegations in the complaint, evidence available, the desires of the parties, and the University’s policies. For students, potential outcomes include dismissing the complaint outright, dismissing the complaint under the Title IX policy but pursuing disciplinary action under another policy, completing training/educational modules, probation, suspension, or expulsion.  For employees, potential outcomes include dismissing the complaint outright, or resolving it through the applicable grievance process for faculty, employees Subject to the State Human Resources Act (SHRA), and employees Exempt from the State Human Resources Act (EHRA). The Title IX Coordinator can review the options that are available in your case. 

Yes. You have a right to appeal a decision that found you responsible. The appeal process that applies to your case will be included with the written notice of responsibility and discipline.