Sexual Assault Programs and Response Procedures

During the 2017-2018 academic year, the University continued to require all students and all new faculty and staff to complete an online course, “Title IX Awareness and Violence Prevention,” that provides information on how to recognize and respond to sexual violence and related misconduct, as well as how to access confidential medical care and support resources on campus and in the community. The course also provides detailed information about how to report an incident to the University and law enforcement.

The University also continued to provide mandatory training for those individuals designated as a “Responsible Employee” under the University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct and in compliance with Title IX. Those deemed Responsible Employees under the Policy are employees with administrative or supervisory responsibilities on campus or who have been designated as Campus Security Authorities. Confidential resources are not considered Responsible Employees. Responsible Employees safeguard an individual’s privacy, but are required by the University to immediately share all details about a report of prohibited conduct (including the known details of the incident [e.g., date, time, location], the names of the parties involved, a brief description of the incident, and if the incident has been previously reported) with the Equal Opportunity and Compliance Office or Title IX Compliance Coordinator in person, by telephone, electronically, or by email. Such reporting ensures timely support for all parties and enables an effective and consistent institutional response. The mandatory annual training for Responsible Employees outlines the types of conduct these individuals are expected to report and provides guidance on how to respond to disclosures of experiences of prohibited conduct, how to inform students and peers of these reporting responsibilities, and the procedures for reporting.

Delta Advocates are members of sororities who receive extensive training on how to respond compassionately to those who have experienced violence and connect them to appropriate campus and community resources. In 2016, the Delta Advocates program expanded to include women from all three Greek councils on campus.  The 2017 cohort consisted of 17 new and 2 returning members. The program was created by the Carolina Women’s Center, the Equal Opportunity and Compliance Office, the Office of Fraternity and Sorority Life and Community Involvement, and Student Wellness.

The Haven in-person training is designed to provide students, faculty, and staff with skills to serve as an ally and source of support peers impacted by sexual violence and related misconduct, including equipping them with the knowledge to connect those individuals to appropriate resources. The Equal Opportunity and Compliance Office has continued to expand the reach of the Haven training.

An online module required for all incoming students prior to arrival on campus that provides an appropriate and accurate understanding of alcohol and its associated risks, including legal, judicial, and health impacts.

An online module required for all incoming first year and transfer students prior to arrival on campus that provides information about policies, definitions, resources, and healthy relationships.

Bystander intervention skills trainings offered throughout the year that provide individuals and members of organizations with the knowledge, skills, and confidence to recognize the early warning signs of violence and harassment and information about how to take preventive action in everyday life. The trainings focus on the prevention of sexual assault, stalking, and interpersonal relationship violence through bystander engagement and are supported through bystander intervention messages that are posted annually around campus and on social media.

A bystander intervention skills training, which is taught in partnership with the Chapel Hill Police Department’s Alcohol Law Enforcement Officer and conducted in collaboration with campus and community volunteers, for staff at local bars and restaurants about the prevention of sexual harassment and drug facilitated sexual assault.

The Heels United for a Safe Carolina Awareness Campaign supports the University’s commitment to a safe and welcoming Carolina – a campus that is free from discrimination and harassment, sexual assault, interpersonal violence, and stalking. The campaign raises awareness of these issues, prevention efforts, available resources, and University policies. The campaign, which is led by the Equal Opportunity and Compliance Office with the support of key campus partners, includes a social media component as well as resources, events and programs, and the Heels United Project. Three of the campaign’s focus areas are addressed here in more detail.

• Resources
• Events and Programs
• Heels United Project

North Carolina General Statutes Chapter 14, Article 7B defines rape and sexual assault, which includes the crimes of sexual offense and sexual battery. More information can be found at North Carolina General Statutes Definition for Rape and Sexual Assault.

North Carolina General Statute Chapter 14 provides definitions for both stalking (14-277.3A) and cyberstalking (14196.3).  More information can be found at:

• North Carolina General Statutes Definition for Stalking
• North Carolina General Statutes Definition for Cyber Stalking

North Carolina does not have a state statute defining consent to sexual activity. North Carolina criminal law prohibits sexual acts that are by force and against the will of the other person or acts that are against people who are mentally disabled, mentally incapacitated, or physically helpless. In determining whether a person gave consent, or was capable of giving consent, the facts of the particular situation will be assessed. Physical resistance is not necessary to prove the lack of consent, nor is actual force. In North Carolina, consent is not submission due to fear, fright, coercion, or the realization that in the particular situation resistance is futile.

The University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct does provide a definition of consent. The policy states that:

• Consent is the communication of an affirmative, conscious and freely made decision by each participant to engage in agreed upon forms of Sexual Contact. Consent requires an outward demonstration, through understandable words or actions, that conveys a clear willingness to engage in Sexual Contact.
• Consent is not to be inferred from silence, passivity, or a lack of resistance, and relying on non-verbal communication alone may result in a violation of this Policy.
• Consent is not to be inferred from an existing or previous dating or sexual relationship, or from consent to sexual activity on any prior occasion.
• Consent cannot be obtained by Coercion or Force or by taking advantage of one’s inability to give Consent because of Incapacitation or other circumstances

As reflected in the University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct, the University strongly encourages all students and employees, whether they have experienced the conduct, witnessed the conduct, or otherwise have knowledge of sexual violence and related misconduct, to report any incidents to the appropriate law enforcement authorities and the University, as described below.  A report of sexual violence or related misconduct can be made to the University, the police, or to both. Details about reporting options are provided below. The University will honor orders of protection, no contact orders, restraining orders, and similar lawful orders issued by a criminal, civil, or tribal court. The University will also provide available interim support measures such as changes to housing or academic schedules regardless of the process chosen.

The individual who has experienced the violence has the right to notify law enforcement and the option to decline to notify law enforcement. In an emergency, a party who wishes to report this conduct to law enforcement should call 911 immediately so the appropriate law enforcement agency can respond to provide protection and to initiate a criminal investigation. When 911 is dialed on campus, UNC Police will respond and inform University staff of the incident when necessary.

For non-emergency situations, parties wishing to report conduct should call local law enforcement and ask to speak with an investigator. Local law enforcement agencies can be reached at the following non-emergency numbers:

• On campus – UNC Police at 919-962-8100
• In Chapel Hill – Chapel Hill Police Department at 919-968-2760
• In Carrboro – Carrboro Police Department at 919-918-7397
• In Orange County (outside city limits) – Orange County Sheriff’s Office at 919-245-2900

Those who have experienced sexual violence and related misconduct are strongly encouraged to seek immediate medical treatment.

The preservation of evidence is important in these cases. Evidence collected can be used to support a report and may be helpful in obtaining a protection order through the court system. In order to preserve evidence, an individual who has experienced sexual assault is encouraged not to change clothes, bathe, or use the bathroom prior to seeking medical assistance. The individual may have a forensic exam completed either at UNC Hospitals by a Sexual Assault Nurse Examiner or at Campus Health Services. A forensic exam can be completed up to five days after an assault.  If an individual first reports sexual violence to law enforcement, they can transport the individual to receive medical assistance. In many cases, the cost of treatment can be covered by UNC’s Survivor Assistance Fund.

If an individual seeks medical assistance, Campus Health Services or UNC Hospitals personnel will, at the individual’s request, contact law enforcement. It is the decision of the individual who has experienced sexual violence as to whether to speak with a law enforcement officer at the time the forensic exam is completed.  Under North Carolina law, an individual can opt to have evidence collected and have the evidence held while they decide when or if they wish to make a report to law enforcement.  Individuals are encouraged to consider preserving evidence as soon as possible after an incident regardless of whether the individual has made the decision to contact law enforcement and/or to report the incident to the University.

In addition to pursuing criminal charges through the legal system, an individual who has experienced sexual violence and related misconduct can choose to report the incident to the University, which provides the option of addressing the incident under the University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct. Reports of sexual violence and related misconduct are submitted to the University’s Equal Opportunity and Compliance Office, which includes the Title IX Compliance Coordinator and Report and Response Coordinators, or the Office of the Dean of Students:

• Equal Opportunity and Compliance Office
  • Franklin Street, Suite 404, 919-966-3576
• Title IX Compliance Coordinator
  • Franklin Street, Suite 23, 919-445-1577
• Report and Response Coordinators
  • 137 E. Franklin Street, Suite 23, 919-843-3878 or 919-445-1578
  • 450 Ridge Road, SASB North, Suite 3226, Room 3225A, 919-843-3878 or 919-445-1578
• Office of the Dean of Students
  • 450 Ridge Road, SASB North, Suite 1125, 919-966-4042

These resources will also assist employees and students in notifying UNC police and other local police authorities, as requested.

The University has several options for reporting an incident of sexual violence anonymously:

• Individuals can download the Anonymous Reporting Form and return it to the Dean of Students office. These reports are shared with the Title IX Compliance Coordinator, Office of the Dean of Students, and UNC police.
• Individuals can complete anonymous reporting cards at “comment boxes” located in restrooms in the Carolina Union, Student Recreation Center and Ram’s Head Recreation Center. These boxes are checked by the Gender Violence Services Coordinators and the Report and Response Coordinators in the Equal opportunity and Compliance Office.
• Individuals can submit an anonymous report of any crime, including sexual assault and interpersonal violence, via UNC police’s Silent Witness website. These reports are reviewed by UNC police, but will generally not result in an investigation.

A blind report is one where the individual provides personally identifying information on a police report, but asks that the report not be investigated.  The individual can change their mind at a later time and ask the report to be investigated.  The UNC Police department will take a blind report if requested, as will Chapel Hill and Carrboro Police departments.

There are different procedures depending on the status (student or employee) of the “reporting party” and the “responding party” under the University’s Policy on Prohibited Discrimination, Harassment, and Related Misconduct, adopted in August 2014. The University has assembled a campus-wide working group to review the procedures that apply when the responding party is an employee.

Under all procedures for investigations (“administrative review” for procedures involving employees as responding parties) for incidents of sexual violence and related misconduct, the Equal Opportunity and Compliance Office will first conduct an investigation and determine whether there has been a violation of the Policy on Prohibited Discrimination, Harassment and Related Misconduct using a preponderance of the evidence (“more likely than not”) standard; depending upon the outcome and preferences of the parties, there may be also be a hearing. The investigators and hearing panelists receive an annual training and ongoing training throughout the year on issues related to sexual violence and related misconduct. They are also provided training on how to conduct investigations and hearings in a fair and equitable manner that both protects the safety of those involved and promotes accountability.

Consistent with the goal to maximize educational opportunities and minimize the disruptive nature of the investigation and resolution, the Equal Opportunity and Compliance Office and Title IX Compliance Coordinator seek to resolve all reports involving a student as the responding party within one academic semester, depending on when the report is received. In general, an investigation may last up to 35 business days, from receipt of written notice from the reporting party of the intent to proceed with an investigation and sufficient information for the Equal Opportunity and Compliance Office or Title IX Compliance Coordinator to determine that the report raises a potential issue under the University’s Policy on Prohibited Discrimination, Harassment and Related Misconduct. Adjudication will generally take up to 25 business days from the date of the investigative finding. Business days do not include weekends or holidays. The Equal Opportunity and Compliance Office and Title IX Compliance Coordinator may set reasonable time frames for required actions under the policy. Those time frames may be extended for good cause as necessary to ensure the integrity and completeness of the investigation, comply with a request by external law enforcement, accommodate the availability of witnesses, accommodate delays by the parties, account for University breaks or vacations, or address other legitimate reasons, including the complexity of the investigation (including the number of witnesses and volume of information provided by the parties) and the severity and extent of the alleged conduct. Any extension of the timeframes, and the reason for the extension, will be shared with the parties in writing. Best efforts will be made to complete the process in a timely manner while also ensuring thoroughness and due process.

Under the procedures for reports involving students as the reporting party and a University employee as a responding party, concerns of EHRA Faculty and Non-faculty employees, and concerns of SHRA employees, the University encourages individuals to bring reports within 180 calendar days of the alleged prohibited conduct. The University expects that an administrative review will be performed within 45 calendar days of receiving the report unless an extension has been granted. The appropriate dean, director, or department chair will have no more than five calendar days to either accept or reject the recommendations provided in the administrative review report, subject to any appeal rights of the parties involved. The Equal Opportunity and Compliance Office will notify the parties, to the extent permitted by law, of the results of the administrative review and of the efforts to resolve the complaint within ten calendar days after the final report is issued. Time frames for appeals vary based on the individual’s status as an employee or student.

The Office for Civil Rights of the United States Department of Education requires decisions to be made using a preponderance of the evidence (“more likely than not”) standard, the standard the University is required to use for sexual violence reports. A decision is made based solely upon the evidence and testimony presented during the proceeding.

During the investigation and hearing, a reporting and responding student each have the right to a support person of the student’s choosing as well as an additional support person, non-attorney advocate, or attorney. The non-attorney advocate or attorney can participate in all meetings and proceedings to the same extent as the party.

The decision, which will be sent in writing, and simultaneously, to both reporting and responding parties, will include information consistent with Title IX, the Clery Act, VAWA, the Family Educational Rights and Privacy Act (FERPA), other applicable laws, and appeal procedures.

Sanctions and protective measures under the policy depend on the status of the responding party (student or employee) and can include, but are not limited to, expulsion or termination, suspension, probation, educational requirements, ‘no-contact’ orders, housing restrictions, and community service. In addition to any University-imposed sanction, the responding party may also separately face criminal charges.

Where a reporting party makes a report of sexual violence or related misconduct but requests that their name or other identifiable information not be shared with the responding party or that there be no investigation or adjudication, the Equal Opportunity and Compliance Office per the U.S. Department of Education’s Office for Civil Rights will balance this request against the following factors in reaching a determination about whether the request can be honored:

• The nature and scope of the alleged conduct, including whether the reported misconduct involves the use of a weapon;
• The respective ages and roles of the reporting and responding parties;
• The risk posed to any individual or to the campus community by not proceeding, including the risk of additional violence;
• Whether there have been other reports of misconduct by the responding party;
• Whether the report reveals a pattern of misconduct (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group;
• The reporting party’s wish to pursue disciplinary action;
• Whether the University possesses other means to obtain relevant evidence;
• Considerations of fundamental fairness and due process with respect to the responding party should the course of action include disciplinary action; and
• The University’s obligation to provide a safe and non-discriminatory environment.

Where possible based on the facts and circumstances, the Equal Opportunity and Compliance Office will seek action consistent with the reporting party’s expressed preference for manner of resolution, recognizing that the University must move forward with cases in which there appears to be a threat to any individual or the University as a whole. The University’s ability to fully investigate and respond to a report may be limited if the reporting party requests that their name not be disclosed to the responding party or declines to participate in an investigation.

Individuals disclosing sexual violence or related misconduct to the University are notified in writing of counseling, health, mental health, and victim advocacy services. Individuals may seek confidential emotional and psychological support as well as medical care from on-campus University resources for incidents of sexual violence and related misconduct by contacting:

• Campus Health Services (students): 919-966-2281
• CAPS (students) 919-966-3658
• ComPsych Employee Assistance Program Service (employees): 877-314-5841
• Gender Violence Services Coordinators (students and employees) 919-962-1343 or 919-962-7430
  • Confidential by University policy because it does not constitute a report to the University

• University Ombuds Office (students and employees) 919-843-8204
  • Confidential by University policy because it does not constitute a report to the University

Confidential off-campus resources include:

• Compass Center for Women and Families: 919-929-7122
• Emergency Department at UNC Hospitals: 919-966-4721
• Orange County Rape Crisis Center: 919-967-7273

Identifying information shared with a confidential resource will not be disclosed to anyone else, including the University, without the reporting party’s express permission, unless there is a continuing threat of serious harm or there is a legal obligation to reveal such information (e.g., suspected abuse of a minor). At the student’s request, the University offices

As reflected in the Policy on Prohibited Discrimination, Harassment and Related Misconduct, the University provides a collaborative course of action when an individual reports or discloses sexual violence or related misconduct. The following staff members work together to identify and provide support and interim protective measures in a confidential manner to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures:

• Equal Opportunity and Compliance Office
  • Title IX Compliance Coordinator
  • Report and Response Coordinators
• Gender Violence Services Coordinators
• Campus Health Services
• CAPS
• UNC Police Department
• Office of the Dean of Students
• Department of Housing and Residential Education
• Office of Human Resources
• Academic deans and advisors

These measures, which include no contact orders, counseling, workplace accommodations, and academic (e.g., extension of time to complete class work, withdrawal from a course, section or schedule change) and housing accommodations, are available regardless of whether the affected individual pursues adjudication under the University Policy or through criminal proceedings.

The Department of Housing and Residential Education also provides several safe spaces in campus housing for temporary use. These spaces are located in the residence halls and provide the option for a support person to accompany the affected individual until other arrangements are confirmed. Arrangements for safe spaces are made by contacting UNC Police at 919-962-8100, which will connect the affected individual to the live-in professional staff on-call.