Title IX Violation Student Procedures
The following summarizes Title IX procedures for sexual misconduct allegations that occur when both the complainant and respondent are UNC Asheville students. The UNC Asheville student disciplinary system responds to all violations of the Student Code of Conduct; therefore, the disciplinary system will respond to all violations of sexual offenses, forcible or non-forcible, that are campus inclusive.
Complainant: A person(s) bringing forth an allegation of sexual misconduct. An individual who reports a Title IX incident or someone who is the target of a reported incident.
Respondent: A person(s) responding to an allegation of sexual misconduct. An individual alleged to have violated the Sexual Misconduct and Interpersonal Violence Policy and who has been identified as such in a complaint.
1. Once a Title IX complaint has been received by the Title IX Office, the Title IX Office will seek to make contact with the complainant.
2. UNC Asheville’s procedures are driven by the reporting person or complainant. We only pursue an investigation at the complainant’s request. Under many circumstances, complainants may make their complaint with the assurance of confidentiality. However, the Title IX Office has a responsibility to protect the complainant, university, and community from an immediate threat to campus safety, and may take reasonable action to do so.The university may conduct a preliminary investigation into the alleged misconduct or assault, and weigh the request for confidentiality against the following factors:
- the severity of the alleged misconduct,
- whether there have been other complaints against the same accused, and the accused’s right to receive information about the allegations.
3. The complainant will be informed if the university is unable to maintain confidentiality.
4. Dependent upon the facts and severity of the case, remedial or interim measures will be put into place to ensure the safety of the complainant and the respondent during the process.
5. If an investigation ensues, a trained investigator(s) will speak with complainant, respondent, witnesses, collect facts, and submit an investigation report.
6. The Title IX Office reviews the investigation report to determine the facts of the case.
7. If the Title IX Office determines a policy violation has occurred;
a. A Sexual Misconduct Hearing Board may be conducted, or
b. Administrative Resolution (a.k.a. "informal resolution") may be conducted, and the policy violation(s) will be discussed with the respondent. The respondent agrees and accepts the policy violation and corresponding sanctions, AND
c. It is the choice of the respondent.
Both the complainant and respondent will:
- Be informed of the hearing date and time
- Be entitled to the same opportunity to have others present during disciplinary proceedings
- Be entitled to hear the information given from the opposite party
- Be informed of the entire outcome of the hearing, including the finding and any sanctions imposed.
- Be permitted to appeal an outcome.
If the respondent chooses to have their case heard through a hearing board, both parties once informed of the decision, have the right to appeal the decision within five business days to Dean of Students in writing. As with other Citizenship Education decisions, acceptable reasons for appeal include:
- Procedural violations which impacted the integrity of the hearing to the degree that the outcome was compromised.
- New information which could impact the outcome of the case which was not available at the time of the hearing.
Once notice is given, UNC Asheville is required to complete its entire process, including determining an outcome and remedy fairly and promptly.