Every effort is made to provide accurate information. It is possible that a policy has been amended since posting on the web or that a more current version of a policy exists. If you have questions or need help locating a specific change, contact the Accreditation and Compliance Office at [email protected].
Students have a right to use all resources and facilities of the college during normal operating hours with the proper authorization. Students may not utilize resources and facilities of the college after hours without prior official approval and without faculty supervision. The college police must be notified under these unusual circumstances.
All rules and regulations of Wake Technical Community College apply at off-campus instructional sites and distance education, in addition to any rules and regulations specified by those sites or modalities.
The purpose of this policy is to outline the acceptable use of the College's Information Resources, as well as the expected behavior of all Users on the network. The computing, digital technology and digital Information Resources at Wake Technical Community College are reserved for the educational, instructional, research and administrative computing needs of the faculty, students, staff and other individuals authorized by the College. As a User of these Information Resources, you may have access to valuable Information Resources, to sensitive and critical data and to internal and external networks. Consequently, it is important for all Users to understand their responsibilities and act in an ethical and legal manner.
Applicability
This policy applies to all Users of Information Resources owned or managed by the College. Individuals covered by the policy include (but are not limited to) full-time employees, part-time employees, students, contractors, interns, partners, external individuals and organizations.
Policy statement
Wake Tech strives to provide the most secure environment possible for its employees and students, while simultaneously allowing them adequate ability to perform their expected job(s) or academic studies. This policy is compliant with the requirements of several federal and state laws and regulations that apply to educational institutions and institutions that process payment information, including, but not limited to: Gramm-Leach-Bliley Act (GLBA), Payment Card Industry (PCI), Federal Trade Commission (FTC) and Family Educational Rights and Privacy Act (FERPA). This policy will outline what activity is deemed acceptable and unacceptable on any Wake Tech network or computer system.
Definitions
It is not possible for the College to articulate all acceptable or unacceptable behaviors or uses of College Information Resources by its Users. Each User is responsible for reading the list below, as well as other College policies, and ensuring their conduct is acceptable. To assist Users, the following contains a non- exhaustive list of guidelines that Users will need to follow to remain compliant with this policy:
Unacceptable use
Privacy and personal rights
Users do not have an expectation of privacy regarding their use of the College's Information Resources, and by accessing and using the Information Resources, Users expressly consent to the College's monitoring of, access to and use of information regarding their use of the College's Information Resources. All information transmitted on or from, received or accessed by or residing on the Information Resources is monitored by the College through ordinary course of business. Information contained on the Information Resources and in College accounts, including but not limited to email, files and other documents, may be subject to inspection under the Public Records Law of the State of North Carolina.
The College monitors access to these Information Resources and reserves the right, without prior notice to Users, to access the Information Resources and to use any and all information retrieved from the Information Resources.
Non-completion of annual Security Awareness Training
Security Awareness Training is conducted annually (typically between February and April) for all faculty and staff members. This training is essential to be in compliance with PCI, GBLA, FERPA and other regulations, in addition to being an important part of our overall cyber risk reduction program.
Users who fail to complete the annual security awareness within two weeks of the training campaign will have their account locked and will need to contact the Service Desk to have their account unlocked. The user will then have two weeks to complete the annual Security Awareness Training, or their account will be locked again and their supervisor will need to contact the Service Desk to have the account unlocked. The intent is to encourage all users to accomplish their training in a timely fashion and to reduce risk to the college.
Repeat phishing campaign failures
All faculty and staff members are subject to continuous simulated phishing campaigns. The purpose is to help users successfully identify attempts to gain access or gain account credentials through phishing emails. These campaigns consist of two levels: expert and beginner. All users start in the expert group and move to the beginner group only after failing a simulated phishing campaign. Failures consist of clicking a malicious link or opening an attachment in the phishing email. Users in the beginner group receive more frequent tests, but the simulated phishing emails are designed to be easier to spot then the ones sent to the expert group. After a user successfully passes three consecutive beginner phishing emails, they will be returned to the expert group.
Users who continue to fail the phishing campaign simulations will undergo remedial training and will have disciplinary actions imposed on them. If a user has repeated failures within a one-year time period, the following actions will be initiated:
The intent of the escalating actions are to ensure all users are educated and aware of their responsibility to protect the college. Users who go three months without failing a phishing campaign any time after their first failure will reduce their total failure count by one. The same is true if a User successfully reports a phishing campaign email as suspicious through the Phish Alert button.
Incidental Use
Wake Tech acknowledges that there are a vast amount of resources available to employees, often outside the realm of being directly work-related. Therefore, Wake Tech allows employees and students the benefit of utilizing the College's infrastructure for incidental personal use, with the following constraints:
Incidental Use is considered a privilege and benefit of employees and students. If it is determined that it is being used to the detriment of the College or other individuals, Incidental Use privileges and access to the network and Information Resources may be revoked at any time in the College's sole discretion. Additionally, should the College equipment be used to develop intellectual property, the College will retain rights and ownership of a portion of that intellectual property, consistent with the College's Copyright Infringement and Intellectual Property policy, North Carolina Community College System regulations, state and federal law.
Legal and regulatory considerations
Users of Wake Tech's resources are expected to abide by all applicable laws, regulations, statutes and ordinances and shall:
Compliance
Individuals found to be in violation of this policy or engaging in any conduct that violates applicable law shall be subject to disciplinary action, including restriction or possible loss of privileges, suspension, termination or referral to law enforcement.
Students violating this policy are subject to disciplinary actions as set forth in the Student Code of Conduct.
The Office of the CIO shall verify compliance with this policy through various methods, including (but not limited to) business tool reports, internal and external audits and feedback to the policy owner. Additionally, this policy will be reviewed as a part of annual compliance submissions as well as internal and external audits.
Any exception to this Policy must be approved by the Office of the CIO in advance.
All Users have the responsibility to stay up-to-date on any changes to this policy as well as other College policies.
Related policies, procedures, references, forms or terms
Contact
Information Technology Services: 919-866-5100 or [email protected]
Ref #E1002a / C1424
Students are not allowed in any campus facility without shoes and shirts. Students are expected to dress and groom themselves in an appropriate manner while on campus or participating in classes and activities sponsored by the college. Additionally, students must meet the specific dress requirements of their programs of study, including uniforms or personal protective equipment, such as goggles, shields, etc., required in laboratory and shop settings.
Display of personal undergarments, lingerie, provocative dress or clothing with profane language or subject matter is not appropriate attire for a college environment. Violations of this policy may result in disciplinary action, including dismissal from the college.
Pets, including dogs and cats, create several conditions the college is not equipped to handle. Pets may carry and spread parasites. Pets of any type may not be brought on campus. This policy is in no way intended to restrict access to the campus for animals specifically trained to aid individuals with disabilities.
The college provides common areas for the consumption of regular meals. Light food and drinks with a cover or lid are allowed in campus instructional areas at the discretion of the supervising faculty or staff member under the following conditions:
The college reserves the right to prohibit food and drink in any area (e.g., labs) for safety reasons and to ask anyone who disregards procedures to remove the food or drink from the area.
Contact information
Ref #C1433
Students, college employees, volunteers, visitors, contractors, vendors or any other persons on college property are permitted to smoke or use tobacco products only in designated areas. College property includes any building, facility or vehicle owned or leased by Wake Technical Community College and college grounds, including athletic fields and parking lots.
Definitions
For the purposes of this policy, "tobacco products" include cigarettes, e-cigarettes, vaporizers, cigars, blunts, pipes, smokeless tobacco products such as chewing tobacco and snuff and hookahs, as well as any items containing or intended to mimic tobacco or tobacco products. "Tobacco use" includes smoking, chewing, dipping, ingesting or any other use of tobacco products or the smoking of any other substance.
Exceptions
Tobacco products may be included in instructional or research activities in college buildings if the activity is conducted or supervised by the faculty member overseeing the instruction or research and if the activity does not include "tobacco use" as defined above.
Signage
Signs that indicate "Smoking/Tobacco Use in Designated Areas Only" will be posted in a manner and location to provide sufficient notification to students, employees and visitors.
Violations
Students may not engage in any activity that is disruptive to orderly classroom instruction, without limitations to the use of cellphone. Students are therefore required to disengage all such devices when in a classroom.
The college does not have housing facilities.
Wake Technical Community College is supported by public bus service at all campuses except for Western Wake Campus. All routes servicing Wake Tech campuses, including GoRaleigh's Route 40X, can be found in the Green Trek section of Wake Tech's website.
Wake Tech offers free regional GoPasses for students and employees. These bus passes are valid on any GoRaleigh, GoTriangle, GoDurham or GoCary bus route. To qualify for a GoPass, individuals must be actively enrolled or employed at Wake Tech.
Through Wake Tech's Green Trek program, the college encourages sustainable transportation and equitable access. To learn more about the alternative transportation options at Wake Tech, please visit the Green Trek section of the college website.
Skateboarding, rollerblading and the use of any type of scooter are not allowed on any Wake Technical Community College campus or site.
Publications are defined to include the following: newspapers, pamphlets, newsletters, brochures, fliers, books, posters or magazines. Publications may not be printed or distributed without official approval of the dean of Student Activities and Athletics. Approved campus organizations may post and distribute their publications if said publications have been approved by the president of the organization, the organization's advisor and the dean of Student Activities and Athletics.
All publications (print, electronic or other) containing URLs or references to the Wake Tech website must be sent to the Communications & Marketing Department ([email protected]) prior to finalization to ensure that URLs are listed correctly.
Publications containing profanity, language that is offensive with regard to race, sex or creed, grammatically incorrect statements and misspelled words will be subject to disapproval. All publications must represent the dignity, mission and standards of the college. Organizational publications must also be consistent with the philosophy and mission of the organization.
The college reserves the right to rescind approval for on-campus activity for any organization that violates this policy. Individuals found guilty of not conforming to this policy will face disciplinary action, including suspension from the college.
This policy does not apply to off-campus groups and individuals. Off-campus groups and individuals are allowed to distribute publications in the designated areas of Southern Wake Campus and Scott Northern Wake Campus in accordance with the college's Solicitation Policy.
Solicitations occur in numerous forms, formats and techniques. For the purposes of this policy, solicitations are deemed to include attempts to address all or portions of the college community to express social, political, religious or other views, disseminate written materials or to request, accept or collect donations or contributions.
Any individual, organization, agency or group that desires to solicit on any property owned, leased or operated under the jurisdiction of the college is required to comply with the following procedures:
A. Expressive activities
Off-campus groups and individuals
a. General provisions
Speakers will be granted access to designated areas so long as notice has been provided consistent with this policy, granting access will not conflict with any previously scheduled events and the designated area is not temporarily inaccessible or unsafe due to construction, act of God or similar cause.
Access will not be denied because of a speaker’s viewpoint or the content of his or her speech.
Access will be granted on a first-come, first-served, space-available basis.
Gross, multiple or continued violation of this solicitation policy will result in the soliciting parties loss or suspension of future solicitation privileges on property owned, leased or operated under the jurisdiction of the college.
b. Notice requirement
Speakers must provide written notice to the Office of the Executive Vice President of Operations through a Solicitation Request form three business days in advance of an intent to speak.
Upon arriving on campus, speakers must check in with Wake Tech's College Police Security Services office.
c. Information requirement
Speakers must provide the names of the persons who intend to speak on campus, the anticipated size of the group that will visit campus with the speaker and the name, address and phone number of a responsible contact person who will be present on campus during the event.
Disclosure of this information is required to permit proper planning and will not be grounds for denying or abridging the right to engage in expressive activities in the designated area.
d. Designated areas
The following areas are designated for expressive activities by off-campus groups and individuals:
e. Scheduling limitations
At the beginning of the academic year, the president or designee shall establish a schedule of two days per week for expressive activities by off-campus groups and individuals. These areas will be made available to any off-campus group or individual for up to three hours per day between 10 a.m. and 4 p.m.
In order to promote opportunities for a diversity of speakers, a speaker may not reserve the forum more than two weeks in advance.
Grounds for denial of access or removal from Wake Tech property
Speakers will be denied access or will be removed from Wake Tech property for the following:
B. Distribution of written materials
Pamphlets, publications, advertisements and any other such materials may not be distributed through any form of the college‘s internal mail system. Such materials may, however, be distributed by hand at such time(s) and at such location(s) as may be designated in writing by the college president or designee, so long as the group or individual has complied with the requirements of Section A above. Distribution of written materials will not be denied based solely on the content or the viewpoints expressed in the materials.
Any individual, organization, agency or group that distributes written materials on any property owned, leased or operated under the jurisdiction of the college shall reimburse the college for any of the college‘s internal or external clean-up costs associated with the distribution of such materials.
C. Posting of messages or materials
It is expressly prohibited for any individual, agency, organization or group not officially affiliated with the college to use any surface, such as walls, bulletin boards, trees or the like, on any property owned, leased or operated under the jurisdiction of the college to display any written or otherwise visual materials.
D. Commercial use of bulletin boards
The college provides some bulletin board space for its students and employees to advertise or request goods and services. Other than such limited use by the college‘s students and employees, bulletin boards located on any property owned, leased or operated under the jurisdiction of the college may not be used for commercial purposes.
E. Donations and contributions
On-campus individuals, organizations and groups may solicit, accept or collect donations or contributions on property owned, leased or operated under the jurisdiction of the college for not-for-profit activities only. Prior to engaging in any such activities, individuals, organizations and groups desiring to solicit, accept or collect donations or contributions shall request permission in writing from the Office of the Executive Vice President of Operations.
F. Goods and services
Students who desire to solicit on any property owned, leased or operated under the jurisdiction of the college to provide goods or services must make their request in writing to the Dean of Student Life. The request must contain a full description of the activity as to time, benefit, etc., in order to be considered. The decision as to whether such request will be allowed or denied and any conditions attached thereto shall be within the Dean‘s discretion. The Dean shall respond to all such requests in writing within five working days from the date the request is received. All other individuals, organizations, agencies or causes are prohibited from canvassing, selling, offering for sale, soliciting or promoting the sale or advancement of any goods or services on any property owned, leased or operated under the jurisdiction of the college.
Contact information
As a public, tax-supported community college, Wake Technical Community College complies with public information law and works with news media to provide coverage of news about the college. Occasionally, media representatives may visit Wake Tech classrooms to interview and photograph students.
The college welcomes these opportunities while respecting the rights of students who may not wish to be interviewed or photographed. Students may be excused from classroom activities, without question, while photographs or video images are being recorded.
The Board of Trustees of Wake Technical Community College has adopted policy statements in compliance with the dictates of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).
The college's police chief is primarily responsible for developing rules and regulations to implement these policies. Crimes on all campuses are reported to the College Police Department, which investigates on-campus murder, criminal sexual assault, criminal sexual abuse, robbery, aggravated assault, aggravated battery, burglary, motor vehicle theft, liquor law violations, drug abuse violations, weapons possession and other emergencies on campus considered to be a threat to safety. Timely reports of such occurrences are made to employees and students. In the event the perpetrator of a violent crime is subject to discipline by the college, the victim of the crime shall, at the discretion of the college's administration, be permitted to obtain results of the disciplinary proceeding.
The College Police Department prepares, publishes and distributes statistical reports that identify the occurrence of campus crimes and the number of campus arrests involving liquor law violations, drug abuse violations and weapons violations. The policy statements and statistical reports are available upon request to students and employees, as well as prospective students and the higher education community, at Building L, Room 233, Wake Technical Community College, 9101 Fayetteville Road, Raleigh, NC 27603.
Some security patrol and traffic control matters are handled by a private security company under contract with the college. This company is responsible to the college's police chief, whose office is on Southern Wake Campus, in Building L, Room 233, and whose telephone number is 919-866-5532. The college police chief also can be contacted by dialing the college's main switchboard number, 919-866-5000 (from off-campus). Students, employees and visitors are encouraged to report criminal activity and other emergencies on any campus at the college's emergency number, 919-866-5911.
Students and employees are prohibited from bringing onto campus or using alcohol or illegal drugs on campus or during any college activity. Limited exceptions to this policy may be granted by the college president or designee. The college has a Drug and Substance Abuse Council, which offers help to students and employees seeking counseling and/or assistance programs. From time to time, workshops and seminars are conducted on campus relating to the following subjects:
Other information is periodically published in the student newsletter, The Eagle's Eye. The student newspaper, The Student Voice, discusses and debates health, safety, self-defense, etc., issues.
Campus safety means protecting people and property. People working together can make our campuses safe and secure working and learning environments. Report suspicious persons, vehicles and activities to the College Police Department at 919-866-5911. Students attending classes in the evenings should walk in well-lighted areas with someone or near other people. Extra precaution should be taken by using sidewalks and crosswalks and by avoiding isolated areas. Personal valuables should be marked and not left unattended. Vehicles should be parked in a well-lighted area and locked.
Presentations by local law enforcement personnel
Wake Tech College Police officers can conduct presentations concerning robbery, motor vehicle theft and drugs and alcohol.
Annual report of criminal offenses
Wake Tech complies fully with the Clery Act, which requires the college to gather statistics about crime on campus and publish them in an annual report by October 1 each year. Read the current Annual Security Report.
Wake Technical Community College is committed to providing students, employees, contractors and visitors with a safe and secure environment that is free from threats, intimidation and violence. To that end, the college considers the following behaviors unacceptable:
This policy will be enforceable at any property, building or other facility that is owned, leased or used by Wake Technical Community College for any college activity. Violators will be subject to Wake Tech disciplinary policies or North Carolina General Statutes as appropriate, including NCGS 14-33 Assault, NCGS 14-277.3A Stalking, 14-277.1 Communicating Threats, 14-269.2 Possession of Weapons on School Grounds, 14.160 Injury to Personal Property, 14.35 Hazing and 50.B1 Domestic Violence.
Definitions
Note: Certain Wake Tech policies predate the establishment of the process outlined below. They remain official college policies. Employees and students will be expected to comply with the process in the future.
Responsibilities
Crisis Management Team – The Threat Assessment Team will recommend activation of Wake Tech's Crisis Management Team in the following instances:
The Crisis Management Team will consider the impact of the incident on the campus community and initiate appropriate debriefing, counseling and support for victims, co-workers, students and families.
Principle
An educational setting in which everyone respects everyone else promotes safety. It provides a place for open discussion in which diversity and differences are respected, communication is encouraged and supported and conflict is managed and mediated constructively. Problems come to light earlier and can be addressed before they become serious or lead to violence; consequently, the potential for violence diminishes.
Procedures
For the safety of the college community, it is imperative that anyone aware of concerning behavior or perceived threats – from firsthand knowledge, written or verbal communications or any other source – report it immediately to the Wake Tech College Police at 919-866-5911 (65911 from any campus phone). Those reporting may identify themselves or remain anonymous. To the extent allowed by law and policy, any identification provided will remain confidential and will be used only by security officials for follow-up, if necessary. Those choosing to leave an anonymous report should include as much detail as possible to make sure security officials can proceed with an investigation. The police chief will address all reports as quickly as possible and convene the Threat Assessment Team when appropriate. If a report suggests that a law has been violated or that violence is imminent, the chief will immediately refer it to the College Police Department for investigation and crisis response measures, as they deem appropriate.
The Threat Assessment Team will focus its efforts on formulating strategies for preventing targeted violence in two principle areas:
If the team determines through inquiry that an identified behavior involving a student is non-threatening, the matter will be referred to the Conduct Officer for appropriate action. A Behavior of Concern Intervention Team (BIT) has been implemented to assess student behaviors of concern and low-level threats. Non-threatening incidents involving college employees will be directed to the Executive Director of Human Resources. If the team concludes that a law has been violated or that violence is imminent, it will immediately refer the matter to the Chief of Police.
Threat assessment will be fact-based, relying primarily on the appraisal of behaviors, rather than on stated threats or traits, as the basis for determining if there is cause for concern. The fact-based assessment considers every aspect of the person of concern and is based on the totality of what is known about that person, in four major areas: personality, family dynamics, school dynamics (and the person's role in those dynamics) and social dynamics.
Examples of concerning behaviors
A report should be made to the Conduct Officers if a student displays behaviors that indicate a concern, including but not limited to:
NOTE: If the behavior constitutes an emergency or needs immediate attention, contact College Police at 919-866-5911 (65911 from any campus phone).
If the behavior is clearly a Student Code Violation, complete the Student Code Violation Form.
When a student behavior of concern takes place in which a student is alleged to have shown concerning behaviors, these steps must be followed by the reporting individual:
1. If the behavior of concern that the student is displaying or has displayed is not an emergency, search for the Behavior of Concern and Threat Report form, then complete and submit the form electronically.
2. A Conduct Officer will review the report and make a determination on the referral of the report. If the report is a behavior of concern and not a conduct code violation, members of the BIT will schedule a meeting to discuss the case within five business days.
3. Within two business days, a Conduct Officer will notify the person who submitted the report that the information has been received.
4. The student will be contacted, and a determination of the submitted report will be made by the BIT; information will be given to pertinent individuals.
5. If the report is found to be only a conduct code violation, the report will be forwarded to the appropriate Conduct Officer, who will handle the case under the guidelines of the Student Code of Conduct.
In order to assist students in becoming more productive citizens of our community and to provide guidance in addressing behaviors of concern, the following are actions that the BIT may consider (but is not restricted):
The recommendations of the BIT are final; however, the student may appeal any sanction given by a Conduct Officer.
Confidentiality
Wake Technical Community College understands the sensitivity of information obtained, provided and/or alleged in such reports as it pertains to an individual’s reputation, privacy and anonymity. Any report of concerning behaviors or threats of violence will be handled in a confidential manner, with information released only on a need-to-know basis. When appropriate, legal guidance will be requested.
Records retention
All Behavior of Concern reports (documents, files, etc.) related to a threat assessment will be maintained by the Conduct Officers in the Maxient system. All criminal reports relating to a threat assessment will be maintained by the College Police.
Wake Technical Community College adheres to all federal, state and local civil rights laws prohibiting discrimination in employment and education. The college does not discriminate in its admissions practices (except as permitted by law), in its employment practices or in its educational programs or activities on the basis of sex.
Title IX of the Education Amendments of 1972 (Title IX) states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
As a recipient of federal financial assistance for education activities, the college is required by Title IX to ensure that all of its education programs and activities do not discriminate on the basis of sex. Sex includes sex, sex stereotypes, gender identity, gender expression, sexual orientation and pregnancy or parenting status. Sexual harassment, sexual assault, dating and domestic violence and stalking are forms of sex discrimination, which are prohibited under Title IX and by college policy.
Any member of the campus community, guest or visitor who acts to deny, deprive or limit the educational, employment or social access, opportunities and/or benefits of any member of the college community on the basis of sex is in violation of the Title IX Policy.
The college values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.
When the Respondent is a member of the college community, a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the college community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff and third parties such as guests, visitors and volunteers.
For the purpose of this policy, the college refers to "student" as an individual moved to the status of student by the college’s Admissions Department and/or the Workforce Continuing Education Registrar Office’s process and maintains an ongoing relationship with the college in one or more of the following categories:
The procedures below may be applied to incidents, patterns and/or the campus climate, all of which may be addressed and investigated in accordance with this policy.
Definitions
Training materials
The following link offers training materials for the college’s Title IX Team inclusive of training and certification events, select webinars and online trainings provided by the Association of Title IX Administrators (ATIXA). The Title IX Team has participated in training relevant to each member’s responsibilities and designated roles.
Title IX Coordinator
Laura Bethea serves as the Title IX Coordinator and oversees coordination and implementation of Wake Technical Community College’s efforts related to the intake, investigation, resolution and implementation of supportive measures to stop, remedy, remediate and prevent discrimination, harassment and retaliation prohibited under this policy. All parties will be provided with a comprehensive (electronic) brochure detailing options and resources, which the Title IX Coordinator may also go over in person with the parties, as appropriate.
Independence and conflict-of-interest
The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures. The members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific case or for or against Complainants and/or Respondents generally.
To raise any concern involving bias or conflict of interest, reports of misconduct,or discrimination by the Title IX Coordinator, contact Vice President of Human Resources and College Safety Benita Clark at [email protected] or 919-866-7894 or other designee.
Concerns of bias, a potential conflict of interest or reports of misconduct or discrimination by any other Title IX Team member should be reported to the Title IX Coordinator.
Administrative contact information
Complaints or notice of alleged policy violations or inquiries about or concerns regarding this policy and procedures may be made internally to the Office of Title IX:
Title IX Coordinator
Title IX Deputy Coordinators/Pool
Title IX Investigators/Pool
Wake Tech Campus Police & Security
[email protected]
919-866-5911
The College has determined that the College President, Executive Vice President and Vice Presidents are Officials with Authority (OWA) to address and correct harassment, discrimination and/or retaliation. In addition to the Title IX Team members listed above, the OWA listed below may also accept notice or complaints on behalf of the college:
The college has also classified all employees as Mandated Reporters of any knowledge they have that a member of the community is experiencing harassment, discrimination and/or retaliation. The section below on Mandated Reporting details which employees have this responsibility and their duties, accordingly.
Inquiries may be made externally to the following:
Notice/complaints of Sex Discrimination, Harassment and/or Retaliation
Notice or complaints of sex discrimination, harassment and/or retaliation may be made using any of the following options:
Supportive measures
The College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination and/or retaliation.
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered without fee or charge to the parties to restore or preserve access to the Recipient’s education program or activity, including measures designed to protect the safety of all parties and/or the Recipient’s educational environment and/or to deter harassment, discrimination and/or retaliation.
The Title IX Coordinator promptly makes supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the college will inform the Complainant, in writing, that they may file a formal complaint with the college either at that time or in the future, if they have not done so already. The Title IX Coordinator works with the Complainant to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.
The college will maintain confidentiality of the supportive measures, provided that confidentiality does not impair the college’s ability to provide those supportive measures. The college will act to ensure as minimal an academic/occupational impact on the parties as possible. The college will implement measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to:
Violations of no-contact orders or other restrictions will be referred to appropriate student or employee conduct processes for enforcement.
Emergency removal
The college can act to remove a student Respondent entirely or partially from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in conjunction with the Behavioral Assessment Team (also known as BAT) using its standard objective violence risk assessment procedures.
In all cases in which an emergency removal is imposed, the student or employee will be given notice of the action and the option to request to meet with the Title IX Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified.
This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested in a timely manner, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so.
This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title IX.
There is no appeal process for emergency removal decisions.
A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.
The Title IX Coordinator has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline within the student or employee conduct processes, which may include expulsion or termination.
The college will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these actions could include but are not limited to temporarily reassigning an employee, restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student to withdraw or take grades of incomplete without financial penalty, authorizing an administrative leave and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership or intercollegiate/intramural athletics.
At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.
When the Respondent is an employee, existing provisions for interim action are applicable instead of the above emergency removal process.
Promptness
All allegations are acted upon promptly by the college once it has received notice or a formal complaint. Complaints can take 60 to 90 business days to resolve, typically. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the college will avoid all undue delays within its control.
Any time the general time frames for resolution outlined in the college’s procedures will be delayed, the college provide written notice to the parties of the delay, the cause of the delay and an estimate of the anticipated additional time that will be needed as a result of the delay.
Confidentiality/privacy
Every effort is made by the college to preserve the confidentiality of reports. The college will not share the identity of any individual who has made a report or complaint of harassment, discrimination or retaliation, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing or grievance proceeding arising under these policies and procedures.
For the purpose of this policy, privacy and confidentiality have distinct meanings.
Privacy means that information related to a complaint will be shared with a limited number of college employees who "need to know" in order to assist in the assessment, investigation and resolution of the report. All employees who are involved in the college’s response to notice under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with FERPA, as outlined in college policy. The privacy of employee records will be protected in accordance with Human Resources policies.
Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses and others with their patients, clients, parishioners and spouses. The college has designated individuals who have the ability to have privileged communications as Confidential Resources as noted in the glossary.
When information is shared by a Complainant with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when the individual gives written consent for its disclosure, there is a concern that the individual will likely cause serious physical harm to self or others or the information concerns conduct involving suspected abuse or neglect of a minor under age 18, elders, or individuals with disabilities. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.
Reporting to law enforcement, child protective services and/or a similar agency of sexual abuse of a minor by faculty, staff or volunteers affiliated with the institution is required by the Title IX Office personnel, including the Title IX Coordinator, Deputy Coordinators and/or Investigators as designated by the Title IX Coordinator.
The college reserves the right to designate which college officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to FERPA.
Only a small group of officials who need to know will typically be told about the complaint, including but not limited to college police, Curriculum Education Services, Wellness Services and the Behavioral Assessment Team. Information will be shared as necessary with Title IX Investigators, Hearing Panel members/Decision-makers, witnesses and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.
The college may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will usually consult with the student first before doing so.
Confidentiality and mandated reporting are addressed more specifically in the mandating reporting section.
Jurisdiction of Wake Technical Community College
This policy applies to the educational programs and activities of the college, to conduct that takes place on the campus or on property owned or controlled by the college, at college-sponsored events and in buildings owned or controlled by the college’s recognized student organizations. The Respondent must be a member of the college’s community in order for this policy to apply.
This policy can also be applicable to the effects of off-campus misconduct that effectively deprives a person of access to the college’s educational program. The college may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial interest to the college.
Regardless of where the conduct occurred, the college will address notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial interest to the college includes:
If the Respondent is unknown or is not a member of the college community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options. If criminal conduct is alleged, the college can assist in contacting local or campus law enforcement if the individual would like to file a police report.
Further, even when the Respondent is not a member of the college community, supportive measures, remedies and resources may be provided to the Complainant by contacting the Title IX Coordinator.
In addition, the College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from the college’s property and/or events.
All vendors serving the college through third-party contracts are subject to the policies and procedures of their employers and/or to these policies and procedures to which their employer has agreed to be bound by their contracts.
When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies.
Similarly, the Title IX Coordinator may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program or other environment external to the college where sexual harassment policies and procedures of the facilitating or host organization may give recourse to the Complainant.
Time limit on reporting
There is no time limit on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the college’s jurisdiction and/or significant time has passed, the ability to investigate, respond and provide remedies may be more limited or impossible.
Acting on notice/complaints significantly impacted by the passage of time is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or provide remedies and/or engage in informal or formal action, as appropriate.
When a notice/complaint is affected by a significant time delay, the college will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of notice/complaint. Typically, this policy is applied only to incidents that occurred after August 14, 2020. For incidents that occurred prior to August 14, 2020, previous versions of this policy will apply. Those versions are available from the Title IX Coordinator.
Online harassment and misconduct
The policies of Wake Technical Community College are written and interpreted broadly to include online and cyber manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the college’s education program and activities or when they involve the use of the college’s networks, technology or equipment.
Although the college may not control websites, social media and other venues through which harassing communications are made, when such communications are reported to the college, it will engage in a variety of means to address and mitigate the effects.
Members of the college community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites, sharing inappropriate content via Snaps or other social media, unwelcome sexual or sex-based messaging, distributing or threatening to distribute revenge pornography, breaches of privacy or otherwise using the ease of transmission and/or anonymity of the internet or other technology to harm another member of the college community.
Any online posting or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc., occurring completely outside of the college’s control (e.g., not on the college’s networks, websites or between college email accounts) will be subject to this policy only when such online conduct can be shown to cause a substantial in-program disruption or infringement on the rights of others.
Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided, but protected speech cannot legally be subjected to discipline.
Off-campus harassing speech by employees, whether online or in person, may be regulated by the college only when such speech is made in an employee’s official or work-related capacity.
Wake Technical Community College is committed to full compliance with the Americans With Disabilities Act of 1990 (ADA), as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal, state and local laws and regulations pertaining to individuals with disabilities.
Under the ADA and its amendments, a person has a disability if they have a physical or mental impairment that substantially limits a major life activity.
The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the college, regardless of whether they currently have a disability. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking or caring for oneself.
Angelita Ragland has been designated as Wake Technical Community College's ADA Coordinator/504 Officer and responsible for overseeing efforts to comply with these disability laws, including responding to grievances and conducting investigations of any allegation of noncompliance or discrimination based on disability.
Grievances related to disability status and/or accommodations will be addressed using the procedures below. For details relating to disability accommodations in the college’s resolution process, see previous section.
a. Students with disabilities
Wake Technical Community College is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the academic programs, facilities, and activities of the college.
All accommodations are made on an individualized basis. A student requesting any accommodation should first contact Angelita Ragland, the director of Disability Support Services, who coordinates services for students with disabilities.
The Director of Disability Support Services reviews documentation provided by the student and, in consultation with the student, determines which accommodations are appropriate for the student’s particular needs and academic program(s) in accordance with the college’s applicable policies.
b. Employees with disabilities
Pursuant to the ADA, the college will provide reasonable accommodation(s) to all qualified employees with known disabilities when their disability affects the performance of their essential job functions, except when doing so would be unduly disruptive or would result in undue hardship to the college.
An employee with a disability is responsible for submitting a request for an accommodation to the ADA Coordinator/504 Officer and providing necessary documentation. The ADA Coordinator/504 Officer will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform those duties.
The Department of Education's Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC) and the state of North Carolina regard sexual harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice.
The college has adopted the following definition of sexual harassment in order to address the unique environment of an academic community, which consists not only of employer and employees, but of students as well.
Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation and/or gender identity of those involved.
Sexual harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence and stalking, and is defined as conduct on the basis of sex/gender or that is sexual in nature that satisfies one or more of the following:
Sexual assault, defined as the following:
The College reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this policy. The most serious offenses are likely to result in suspension/expulsion/termination, where warranted.
Force, coercion, consent and incapacitation
As used in the offenses above, the following definitions and understandings apply:
Other civil rights offenses
In addition to the forms of sexual harassment described above, which are covered by Title IX, the College additionally prohibits the following offenses as forms of discrimination that may be within or outside of Title IX when the act is based upon the Complainant’s actual or perceived membership in a protected class.
Sexual exploitation, defined as: an individual taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this Policy. Examples of sexual exploitation include, but are not limited to, the following:
Violation of any other College policies may constitute a Civil Rights Offense when a violation is motivated by actual or perceived membership in a protected class, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities.
Sanctions for the above-listed Civil Rights Offenses range from reprimand through expulsion/termination.
There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty member and student or supervisor and employee). These relationships may, in reality, be less consensual than perceived by the individual whose position confers power or authority. Similarly, the relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Circumstances may change, and conduct that was once welcomed may, at some point in the relationship, become unwelcomed.
The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the College. However, for the personal protection of members of this community, relationships are prohibited in which power differentials and professional responsibility are inherent.
Employees may refer to the College's Employee Handbook for further details regarding personal relationships with others in the College community.
Retaliation
Protected activity under this policy includes reporting an incident that may implicate this policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.
Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. The College will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.
The College and any member of the College community are prohibited from taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy and procedure.
Filing a complaint within Process B could be considered retaliatory if those charges could be applicable under Process A, when the Process B charger are made for the purpose of interfering with or circumventing any right or privilege provided afforded within Process A that is not provided by Process B. Therefore, the College vets all complaints carefully to ensure this does not happen, and to ensure that complaints are routed to the appropriate process.
Charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
The exercise of rights protected under the First Amendment does not constitute retaliation.
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
Mandated reporting
All College employees (faculty, staff, and administrators) are expected to report actual or suspected discrimination, harassment, and/or retaliation to appropriate officials immediately, although there are some limited exceptions.
In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality and are not required to report actual or suspected discrimination or harassment in a way that identifies the parties. They may offer options and resources without any obligation to inform an outside agency or campus official unless a Complainant has requested the information be shared.
If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report crimes and/or policy violations, and these employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.
The following sections describe the reporting options at the College for a Complainant or third-party (including parents/guardians when appropriate):
a. Confidential resources
If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:
All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, or official designation, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.
College licensed professional counselors associated with the College’s Wellness Services (students) are available to help free of charge and may be consulted on an emergency basis during normal business hours as outlined below.
Wellness Services (students and student referrals only)
[email protected]
College employees who have confidential privilege as described above, and who receive reports within the scope of their confidential roles will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their service participant or client.
b. Anonymous notice to mandated reporters
At the request of a Complainant, notice may be given by a Mandated Reporter to the Title IX Coordinator anonymously, without identification of the Complainant. The Mandated Reporter cannot remain anonymous themselves.
If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Title IX Coordinator on that assessment without revealing personally identifiable information.
Anonymous notice will be investigated by the College to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided.
However, anonymous notice typically limits the College’s ability to investigate, respond, and provide remedies, depending on what information is shared.
When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Title IX Coordinator. Mandated reporters may not be able to maintain requests for anonymity for Complainants who are minors, elderly, and/or disabled, depending on state reporting of abuse requirements.
c. Mandated reporters and Formal Notice/Complaints
All employees the College (including student employees), with the exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.
Employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.
Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.
Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, events, marches, or speak-outs do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from the College.
Supportive measures may be offered as the result of such disclosures without formal action by the College.
Failure of a Mandated Reporter, as described above in this section, to report an incident of harassment or discrimination of which they become aware is a violation of the College’s policy and can be subject to disciplinary action for failure to comply.
Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this policy, they still have a duty to report their own misconduct, though the College is technically not on notice when a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.
Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this policy is not required to report their own experience, though they are, of course, encouraged to do so.
When a Complainant Does Not Wish to Proceed
If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, and/or does not want a formal complaint to be pursued, they may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and to comply with state or federal law.
The Title IX Coordinator has ultimate discretion over whether the College proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process usually upon completion of an appropriate violence risk assessment.
The Title IX Coordinator’s decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires the College to pursue formal action to protect the community.
A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. The College may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes.
The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and the College’s ability to pursue a Formal Grievance Process fairly and effectively.
When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy.
When the College proceeds, the Complainant (and/or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant, though this does not extend to the provision of evidence or testimony.
Note that the College’s ability to remedy and respond to notice may be limited if the Complainant does not want the College to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the College’s obligation to protect its community.
In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow the College to honor that request, the College may offer informal resolution options (see below), supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action.
If the Complainant elects to take no action, they can change that decision if they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by the College, and to have the incidents investigated and properly resolved through these procedures. Please consider that delays may cause limitations on access to evidence, or present issues with respect to the status of the parties.
Federal Timely Warning Obligations
Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that under the Clery Act, the College must issue timely warnings for incidents reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the campus community.
The College will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.
False Allegations and Evidence
Deliberately false and/or malicious accusations under this policy, are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination.
Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under the appropriate College policies.
Amnesty for Complainants and Witnesses
The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to College officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.
It is in the best interests of the College community that Complainants choose to report misconduct to College officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process.
To encourage reporting and participation in the process, the College maintains a policy of offering parties and witnesses amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident.
Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty – the incentive to report serious misconduct – is rarely applicable to Respondent with respect to a Complainant.
Students: The College maintains a policy of amnesty for students who offer help to others in need. Although policy violations cannot be overlooked, the College may provide purely educational options with no official disciplinary finding, rather than punitive sanctions, to those who offer their assistance to others in need.
Employees: The College may, at its discretion, offer employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident. Amnesty may also be granted to Respondents and witnesses on a case-by-case basis.
Federal Statistical Reporting Obligations
Certain campus officials – those deemed Campus Security Authorities – have a duty to report the following for federal statistical reporting purposes (Clery Act):
All personally identifiable information is kept private, but statistical information must be shared with campus police regarding the type of incident and its general location (on or off-campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log.
Campus Security Authorities include: student services/student conduct staff, campus law enforcement, local police, coaches, athletic directors, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities.
Preservation of Evidence
The preservation of evidence in incidents of sexual assault is critical to potential criminal prosecution and to obtaining restraining orders and is particularly time sensitive. The College will inform the Complainant of the importance of preserving evidence by taking the following actions:
1. Overview
The College will act on any formal or informal notice/complaint of violation of the policy that is received by the Title IX Coordinator or any other Official with Authority by applying these procedures, known as "Process A."
The procedures below apply only to qualifying allegations of sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) involving students, staff, administrators, or faculty members.
If other Policy definitions are invoked, such as policies on protected class harassment or discrimination as defined above, the procedures will be applicable to the resolution of such offenses, known as "Process B."
Process B can also apply to sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) when jurisdiction does not fall within Process A, as determined by the Title IX Coordinator.
The procedures below may be used to address collateral misconduct arising from the investigation of or occurring in conjunction with reported misconduct (e.g., vandalism, physical abuse of another), when alleged violations of the Policy are being addressed at the same time. All other allegations of misconduct unrelated to incidents covered by the Policy will be addressed through procedures described in the student, faculty, and staff handbooks.
2. Notice/Complaint
Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged violation of the Policy, the Title IX Coordinator initiates a prompt initial assessment to determine the next steps the College needs to take.
The Title IX Coordinator will initiate at least one of three responses:
1) Offering supportive measures because the Complainant does not want to file a formal complaint and/or
2) An informal resolution (upon submission of a formal complaint); and/or
3) A Formal Grievance Process including an investigation and a hearing (upon submission of a formal complaint);
The College uses the Formal Grievance Process to determine whether or not the Policy has been violated. If so, the College will promptly implement effective remedies designed to ensure that it is not deliberately indifferent to harassment or discrimination, their potential recurrence, or their effects.
3. Initial Assessment
Following receipt of notice or a complaint of an alleged violation of this Policy, the Title IX Coordinator engages in an initial assessment, typically one to five business days. The steps in an initial assessment can include:
3a. Risk assessment tool for behaviors of concern
In some cases, the Title IX Coordinator may determine that a risk assessment tool for behaviors of concern should be conducted by the Behavioral Intervention Team (BIT) as of the initial assessment. Threat assessment is the process of evaluating the actionability of violence by an individual against another person or group following the issuance of a direct or conditional threat.
This assessment can aid in critical and/or required determinations, including the following:
The risk assessment tool requires specific training and are typically conducted by psychologists, clinical counselors, social workers, case managers, law enforcement officers, student conduct officers or other BIT members. The risk assessment authorized by the Title IX Coordinator should occur in collaboration with the BIT. Where a risk assessment is required by the Title IX Coordinator, a Respondent refusing to cooperate may result in a charge of failure to comply within the appropriate student or employee conduct process.
For the purpose of this policy, the risk assessment tool is not an evaluation for an involuntary behavioral health hospitalization nor is it a psychological or mental health assessment. A risk assessment assesses the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement, criminology, human resources and psychology.
3b. Dismissal (mandatory and discretionary)
These dismissal requirements are mandated by the 2020 Title IX Regulations, 34 CFR Part 106.45. The College must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
The College may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:
A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.
Upon any dismissal, the College will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.
This dismissal decision is appealable by any party under the procedures for appeal below. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate. A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.
4. Counterclaims
The College is obligated to ensure that the grievance process is not abused for retaliatory purposes. The College permits the filing of counterclaims but uses an initial assessment, described above, to assess whether the allegations in the counterclaim are made in good faith. Counterclaims by the Respondent may be made in good faith, but are, on occasion, also made for purposes of retaliation. Counterclaims made with retaliatory intent will not be permitted.
Counterclaims by a Respondent may be made in good faith, but are, on occasion, made for purposes of retaliation, instead. Counterclaims made with retaliatory intent will not be permitted.
Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur.
Counterclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the Title IX Coordinator. When counterclaims are not made in good faith, they will be considered retaliatory and may constitute a violation of this policy.
5. Right to an Advisor
The parties may each have an Advisor of their choice present with them for all meetings, interviews and hearings, within the resolution process, if they so choose. The parties may select whoever they wish to serve as their Advisor as long as the Advisor is eligible and available.
Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the hearing Decision-maker(s).
The College may permit parties to have more than one Advisor upon special request to the Title IX Coordinator. The decision to grant this request is at the sole discretion of the Title IX Coordinator and will be granted equitably to all parties.
5a. Who Can Serve as an Advisor
The Advisor may be a friend, mentor, family member, attorney or any other individual a party chooses to advise, support and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the College community.
The Title IX Coordinator will also offer to assign a trained Advisor to any party if the party so chooses. If the parties choose an Advisor from the pool available from the College, the Advisor will have trained by the College and be familiar with the College's resolution process.
If the parties choose an Advisor from outside the pool of those identified by the College, the Advisor may not have been trained by the College and may not be familiar with College policies and procedures.
Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, prior to a hearing.
5b. Advisor's role in meetings and interviews
The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. The College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney. Where applicable under state law or College policy, Advisors or attorneys are permitted to fully represent their advisees or clients in resolution proceedings, including all meetings interviews, and hearings. Although the College prefers to hear from parties directly, in these cases, parties are entitled to have evidence provided by the chosen representatives.
5c. Advisors in hearings/college-appointed advisor
Under U.S. Department of Education regulations for Title IX, a form of indirect questioning is required during the hearing, but must be conducted by the parties' Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any questioning of the other party(ies) and witness.
5d. Pre-Interview Meetings
Advisors and their advisees may request to meet with the investigators conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and College’s policies and procedures.
5e. Advisor violations of the college's policy
All Advisors are subject to the same College policies and procedures, whether they are attorneys or not, and whether they are selected by a party or assigned by the Recipient. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address the College’s officials or investigators in a meeting or interview unless invited to do so (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or other Decision-maker(s) except during a hearing proceeding, during questioning.
The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although the Advisor generally may not speak on behalf of their advisee, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any resolution process meeting or interview. For longer or more involved discussions, the parties and their Advisors should ask for breaks to allow for private consultation.
Any Advisor who oversteps their role as defined by this Policy will be warned only once. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.
5f. Sharing information with the advisor
The College expects that the parties may wish to have the College share documentation and evidence related to the allegations with their Advisors. Parties may share this information directly with their Advisor or other individuals if they wish. Doing so may help the parties participate more meaningfully in the resolution process.
The College also provides a consent form that authorizes the College to share such information directly with their Advisor. The parties must either complete and submit this form to the Title IX Coordinator or provide similar documentation demonstrating consent to a release of information to the Advisor before College is able to share records with an Advisor.
If a party requests that all communication be made through their attorney or Advisor, the College will not comply with that request. The College will engage in communicate directly with a party's Advisor.
5g. Privacy of records shared with advisor
Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly or used for purposes not explicitly authorized by the College. Advisors will be asked to sign Non-Disclosure Agreements (NDAs). The College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College's privacy expectations.
5h. Expectations of an advisor
The College generally expects an Advisor to adjust their schedule to allow them to attend the College's meetings when planned, but the College may change scheduled meetings to accommodate an Advisor's inability to attend, if doing so does not cause an unreasonable delay.
The College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.
5i. Expectations of the parties with respect to advisors
A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least three (3) business days before the date of their first meeting with Investigators (or as soon as possible if a more expeditious meeting is necessary or desired).
The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated, and a release for the new Advisor should be secured. Parties are expected to inform the Title IX Coordinator of the identity of their hearing Advisor at least three (3) business days before the hearing.
5j. Assistance in securing an advisor
Parties may choose their own Advisors. The College does not endorse any attorney or legal team.
Resources for Complainants and Respondents
6. Resolution Processes
Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accordance with the College’s Policy. Although there is an expectation of privacy around what Investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose, with the expectation of information the parties agree not to disclose related to Informal Resolution, discussed below. The College encourages parties to discuss with their Advisors any sharing of information before doing so.
The Formal Grievance Process is the Recipient’s primary resolution approach, unless Informal Resolution is elected by all parties and the Recipient. Three options for Informal Resolution are detailed in this section, and the Formal Grievance Process is detailed starting in the next section.
6a. Informal resolution
Informal resolution can include three different approaches:
To initiate informal resolution, a Complainant must to submit a formal complaint, as defined above. A Respondent who wishes to initiate Informal Resolution, they should contact the Title IX Coordinator. The parties may agree as a condition of engaging in Informal Resolution that statements made or evidence shared during the Informal Resolution process will not be considered in the Formal Grievance Process unless all parties consent.
It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process.
Prior to implementing Informal Resolution, the College will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by the College.
The College will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.
6b. Alternative resolution approaches
Alternative resolution is an informal approach (including mediation, restorative practices, facilitated dialog, etc.) by which the parties reach a mutually agreed upon resolution of an allegation. All parties must consent to the use of alternative resolution approach.
The Title IX Coordinator may look to the following factors to assess whether Alternative Resolution is appropriate, or which form of alternative resolution may be most successful for the parties:
The ultimate determination of whether alternative resolution is available or successful is to be made by the Title IX Coordinator. The Title IX Coordinator is authorized to negotiate a resolution that is acceptable to all parties, and/or to accept a resolution that is proposed by the parties, usually through their Advisors. The Title IX Coordinator maintains records of any resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of complaints resolved by Informal Resolution or Alternative Resolution are not appealable.
6c. Respondent accepts responsibility for alleged violations
The Respondent may accept responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether Informal Resolution can be used according to the criteria in that section above.
If informal resolution is applicable, the Title IX Coordinator will determine whether all parties and the College are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of the College's Policy and implements agreed-upon sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary.
This result is not subject to appeal once all parties indicate their written assent to all agreed upon terms of resolution. When the parties cannot agree on all terms of resolution, the Formal Grievance Process will resume at the same point where it was paused.
When a resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.
6d. Negotiated resolution
The Title IX Coordinator, with the consent of the parties, may negotiate and implement an agreement to resolve the allegations that satisfies all parties and the College. Negotiated Resolutions are not appealable.
7. Grievance process pool
The Formal Grievance Process relies on a pool of administrators (“the Pool”) to carry out the process. This pool is comprised of the College’s Title IX Investigators and Deputy Coordinators. Other pool members may be included as deemed appropriate by the Title IX Coordinator. Members of the Pool are announced in an annual distribution of this Policy to all students, parents/guardians of students, employees, prospective students, and prospective employees.
7a. Pool member roles
Members of the Pool are trained annually, and can serve in in the following roles, at the direction of the Title IX Coordinator:
7b. Pool member appointment and membership
The Title IX Coordinator appoints the Pool, which acts with independence and impartiality. This Pool may undergo an application and/or interview/selection process. Although members of the Pool are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different cases, the College can also designate permanent roles for individuals in the Pool, using others as substitutes or to provide greater depth of experience when necessary. This process of role assignment may be the result of particular skills, aptitudes, or talents identified in members of the Pool that make them best suited to particular roles.
Pool members are usually appointed to semester-to-semester basis. Individuals who are interested in serving in the Pool are encouraged to contact the Title IX Coordinator.
7c. Pool member training
The Pool members receive annual training. This training includes, but is not limited to:
Specific training is also provided for all Pool members. All Pool members are required to attend these trainings annually.
7d. Pool membership
A typical Pool may includes the following:
Pool members are usually appointed to annual terms. Individuals who are interested in serving in the Pool are encouraged to contact the Title IX Coordinator.
8. Formal grievance process: Notice of Investigation and Allegations
The Title IX Coordinator will provide written notice of the investigation and allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview and to identify and choose an Advisor to accompany them. The NOIA is also copied to the Complainant, who will be given advance notice of when the NOIA will be delivered to the Respondent.
The NOIA will include:
Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges.
Notice will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official College records, or emailed to the parties’ college-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
9. Resolution timeline
The College will make a good faith effort to complete the resolution process within a 60 to 90 business day time period, including appeal if any, which can be extended as necessary for appropriate cause by the Title IX Coordinator, who will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.
10. Appointment of Investigators
Once the decision to commence a formal investigation is made, the Title IX Coordinator appoints Pool members to conduct the investigation (typically using a team of two Investigators), usually within three (3) business days of determining that an investigation should proceed.
11. Ensuring impartiality
Any individual materially involved in the administration of the resolution process including the Title IX Coordinator, Investigator(s), and Decision-maker(s) may neither have nor demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.
The Title IX Coordinator will vet the assigned Investigator(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. At any time during the resolution process, the parties may raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Pool member will be assigned and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with Benita Clark, the Vice President, Human Resources and College Safety.
The Formal Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy violation and evidence that supports that the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness.
The College operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.
12. Investigation timeline
Investigations are completed expeditiously, normally within thirty (30) business days, though some investigations may take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc.
The College will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.
13. Delays in the investigation process and interactions with law enforcement
The College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to: a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions.
The College will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. The College will promptly resume its investigation and resolution process as soon as feasible. During such a delay, the College will implement supportive measures as deemed appropriate.
The College's action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.
14. Steps in the investigation process
All investigations are thorough, reliable, impartial, prompt and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.
All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses and to fully review and respond to all evidence on the record. Recordings of interviews are/are not provided to the parties, and/but the parties will have the ability to review the transcript/summary of the interview once the investigation report is compiled.
The Investigator(s) typically take(s) the following steps, if not already completed (not necessarily in this order):
15. Role and participation of witnesses in the investigation
Witnesses (as distinguished from the parties) who are employees of the College are strongly encouraged to cooperate with and participate in the College's investigation and resolution process. Student witnesses and witnesses from outside the College community are encouraged to cooperate with College investigations and to share what they know about a compliant
Although in-person interviews for parties and all potential witnesses are ideal, circumstances (e.g., study abroad, summer break) may require individuals to be interviewed remotely. Microsoft Teams, Skype, Zoom, FaceTime, Webex or similar technologies may be used for interviews, if the Investigator(s) determine that timeliness, efficiency or other reasons dictate a need for remote interviewing. The College will take appropriate steps to reasonably ensure the security/privacy of remote interviews.
Witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred. If a witness submits a written statement, but does not intend to be and is not present for questioning at a hearing, their written statement may not be used as evidence.
16. Recording of interviews
No unauthorized audio or video recording of any kind is permitted during investigation meetings. If Investigator(s) elect to audio and/or video record interviews, all involved parties should be made aware of audio and/or video recording.
17. Evidentiary considerations in the investigation
The investigation does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; or 2) the character of the parties; or 3) questions and evidence about the Complainant's prior sexual behavior, unless such questions and evidence about the Complainant's prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant's prior sexual behavior with respect to the Respondent and are offered to prove consent.
18. Referral for hearing
Provided that the complaint is not resolved through Informal Resolution, once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a hearing.
The hearing cannot be held less than 10 business days from the conclusion of the investigation – when the final investigation report is transmitted to the parties and the Decision-maker – unless all parties and the Decision-maker agree to an expedited timeline.
The Title IX Coordinator will select an appropriate Decision-maker from the Pool depending on whether the Respondent is an employee or a student, and provide a copy of the investigation report. Allegations involving student-employees in the context of their employment will be directed to the appropriate Decision-maker depending the context and nature of the alleged misconduct.
19. Hearing decision-maker composition
The College will designate a three-member panel from the Pool, at the discretion of the Title IX Coordinator. The single decision-maker will also Chair the hearing. With a panel, one of the three members will be appointed as Chair by the Title IX Coordinator.
The decision-maker(s) will not have had any previous involvement with the investigation. The Title IX Coordinator may elect to have an alternate from the Pool sit in throughout the hearing process in the event that a substitute is needed for any reason.
Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as decision-makers. Those who are serving as Advisors for any party may not serve as decision-makers in that matter.
The Title IX Coordinator may not serve as a Decision-maker or Chair in the matter but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter do not create a conflict of interest. Otherwise, a designee may fulfill this facilitator role. The hearing will convene at a time and venue determined by the Chair or designee.
20. Evidentiary considerations in the hearing
Any evidence that the decision-maker(s) determine(s) is relevant and credible may be considered. The hearing does not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) questions and evidence about the Complainant's sexual predisposition; or 3) questions and evidence about the Complainant’s prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant's prior sexual behavior with respect to the Respondent and are offered to prove consent.
Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility, assuming the College uses a progressive discipline system. This information is only considered at the sanction stage of the process and is not shared until then.
The parties may each submit a written impact statement prior to the hearing for the consideration of the Decision-maker(s) at the sanction stage of the process when a determination of responsibility is reached.
After post-hearing deliberation, the decision-maker(s) render(s) a determination based on the preponderance of the evidence; whether it is more likely than not that the Respondent violated the Policy as alleged.
21. Notice of hearing
No less than 10 business days prior to the hearing, the Title IX Coordinator or the Chair will send notice of the hearing to the parties. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
The notice will contain the following information:
Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the College and remain within the 60-90 business day goal for resolution.
In these cases, if the Respondent is a graduating student, a hold may be placed on graduation and/or official transcripts until the matter is fully resolved (including any appeal). A student facing charges under this Policy is not in good standing to graduate.
22. Alternative hearing participation options
If a party or parties prefer not to attend or cannot attend the hearing in person, the party should request alternative arrangements from the Title IX Coordinator or the Chair at least five (5) business days prior to the hearing.
The Title IX Coordinator or the Chair can arrange to use technology to allow remote testimony without compromising the fairness of the hearing. Remote options may also be needed for witnesses who cannot appear in person. Any witness who cannot attend in person should let the Title IX Coordinator or the Chair know at least five (5) business days prior to the hearing so that appropriate arrangements can be made.
23. Pre-hearing preparation
After any necessary consultation with the parties, the Chair will provide the names of persons who will be participating in the hearing, all pertinent documentary evidence, and the final investigation report to the parties at least seven (7) business days prior to the hearing.
Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s) or have proffered a written statement or answered written questions, unless all parties and the Chair assent to the witness’s participation in the hearing. The same holds for any evidence that is first offered at the hearing. If the parties and Chair do not assent to the admission of evidence newly offered at the hearing, the Chair may delay the hearing and/or instruct that the investigation needs to be re-opened to consider that evidence.
The parties will be given a list of the names of the Decision-maker(s) at least five (5) business days in advance of the hearing. All objections to any Decision-maker must be raised in writing, detailing the rationale for the objection, and must be submitted to the Title IX Coordinator as soon as possible and no later than two days prior to the hearing. Decision-makers will only be removed if the Title IX Coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).
The Title IX Coordinator will give the decision-maker(s) a list of the names of all parties, witnesses, and Advisors at least three (3) business days in advance of the hearing. Any Decision-maker who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses, and Advisors in advance of the hearing. If a decision-maker is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Title IX Coordinator as soon as possible.
During the 10-business-day period prior to the hearing, the parties have the opportunity for continued review and comment on the final investigation report and available evidence. That review and comment can be shared with the Chair at a pre-hearing meeting or at the hearing and will be exchanged between each party by the Chair.
24. Pre-hearing meetings
The Chair may convene a pre-hearing meeting(s) with the parties and/or their Advisors and invite them to submit the questions or topics they (the parties and/or their Advisors) wish to ask or discuss at the hearing, so that the Chair can rule on their relevance ahead of time to avoid any improper evidentiary introduction in the hearing to provide recommendations for more appropriate phrasing.
However, this advance review opportunity does not preclude the Advisors from asking a question for the first time at the hearing or from asking for a reconsideration on a pre-hearing ruling by the Chair based on any new information or testimony offered at the hearing. The Chair must document and share with each party their rationale for any exclusion or inclusion at a pre-hearing meeting.
The Chair, only with full agreement of the parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the investigation report or during the hearing.
At each pre-hearing meeting with a party and their Advisor, the Chair will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator(s) may be argued to be relevant. The Chair may rule on these arguments pre-hearing and will exchange those rulings between the parties prior to the hearing to assist in preparation for the hearing. The Chair may consult with legal counsel and/or the Title IX Coordinator or ask either or both to attend pre-hearing meetings.
The pre-hearing meeting(s) will not be recorded. The pre-hearing meetings may be conducted as separate meetings with each party/advisor, with all parties/advisors present at the same time, remotely, or as a paper-only exchange. The Chair will work with the parties to establish the format.
25. Hearing procedures
At the hearing, the decision-maker(s) has the authority to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the discrimination, harassment, and/or retaliation, even though those collateral allegations may not specifically fall within the policy on Equal Opportunity, Harassment, and Nondiscrimination.
Participants at the hearing will include the Chair, any additional panelists, the hearing facilitator, the Investigator(s) who conducted the investigation, and the parties (or three (3) organizational representatives when an organization is the Respondent). Advisors to the parties, any called witnesses, the Title IX Coordinator and anyone providing authorized accommodations, interpretation, and/or assistive services.
The Chair will answer all questions of procedure. Anyone appearing at the hearing to provide information will respond to questions on their own behalf.
The Chair will allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the Decision-maker(s) and the parties and the witnesses will then be excused.
26. Joint hearings
In hearings involving more than one Respondent or in which two (2) or more Complainants have accused the same individual of substantially similar conduct, the default procedure will be to hear the allegations jointly.
However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent with respect to each alleged policy violation.
27. Order of the hearing – Introductions and explanation of procedure
The Chair explains the procedures and introduces the participants. This may include a final opportunity for challenge or recusal of the Decision-maker(s) on the basis of bias or conflict of interest. The Chair will rule on any such challenge unless the Chair is the individual who is the subject of the challenge, in which case the Title IX Coordinator will review and decide the challenge.
The Chair and/or hearing facilitator then conducts the hearing according to the hearing script. At the hearing, recording, witness logistics, party logistics, curation of documents, separation of the parties, and other administrative elements of the hearing process are managed by a non-voting hearing facilitator/case manager appointed by the Title IX Coordinator. The hearing facilitator may attend to: logistics of rooms for various parties/witnesses as they wait; flow of parties/witnesses in and out of the hearing space; ensuring recording and/or virtual conferencing technology is working as intended; copying and distributing materials to participants, as appropriate, etc.
28. Investigator presents final investigation report
The Investigator(s) will then present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the decision-maker(s) and the parties (through their Advisors). The Investigator(s) will be present during the entire hearing process, but not during deliberations.
Neither the parties nor the decision-maker(s) should ask the Investigator(s) their opinions on credibility, recommended findings, or determinations, and the Investigators, Advisors, and parties will refrain from discussion of or questions for Investigators about these assessments. If such information is introduced, the Chair will direct that it be disregarded.
29. Testimony and questioning
Once the Investigator(s) present(s) the report and are questioned, the parties and witnesses may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the Chair. The hearing will facilitate questioning parties and witnesses will submit to questioning by the Decision-maker(s) and then by the parties through their Advisors.
All questions are subject to a relevance determination by the Chair. The Advisor, who will remain seated during questioning, will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted by the Chair upon request if agreed to by all parties and the Chair), the proceeding will pause to allow the Chair to consider the question, (and state it if it has not already been stated aloud) and the Chair will determine whether the question will be permitted, disallowed, or rephrased.
The Chair may invite explanations or persuasive statements explore arguments regarding relevance with the Advisors, if the Chair so chooses. The Chair will then state their decision on the question for the record and advise the party/witness to whom the question was directed, accordingly. The Chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance.
The Chair will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Chair has final say on all questions and determinations of relevance. The Chair may consult with legal counsel on any questions of admissibility. The Chair may ask Advisors to frame why a question is or is not relevant from their perspective but will not entertain argument from the Advisors on relevance once the Chair has ruled on a question.
If the parties raise an issue of bias or conflict of interest of an Investigator or decision-maker at the hearing, the Chair may elect to address those issues, consult with legal counsel, and/or refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the Chair should not permit irrelevant questions that probe for bias.
30. Refusal to submit to questioning; Inferences
Cross-examination is an all or nothing proposition, meaning that if any relevant question is refused, no statements of that party or witness are admissible. Only if a party or witness is willing to submit to cross-examination, and answers all questions, will their statements prior to or at the hearing be fully admissible. If a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attend the meeting, or they attend but refuse to participate in questioning, then the decision-maker(s) may not rely on any prior statement made by that party or witness at the hearing (including those contained in the investigation report) in the ultimate determination of responsibility. The decision-maker(s) must disregard all such statements. Evidence provided that is something other than a statement by the party or witness may be considered.
Whether a party or witness does or does not answer questions from the Decision-maker, their statements will be admissible as long as they are willing to submit to cross-examination questions, even if they are not asked such questions. The Decision-maker(s) may not draw any inference solely from a party's or witness' absence from the hearing or refusal to answer cross-examination or other questions.
If collateral charges of policy violations other than sexual harassment are considered at the same hearing, the Decision-maker(s) may consider all evidence it deems relevant, may rely on any relevant statement as long as the opportunity for questioning is afforded to all parties through their Advisors, and may draw reasonable inferences from any decision by any party or witness not to participate or respond to questions. If a party's Advisor of choice refuses to comply with the Recipient's established rules of decorum for the hearing, the Recipient may require the party to use a different Advisor. If a recipient-provided Advisor refuses to comply with the rules of decorum, the Recipient may provide that party with a different Advisor to conduct questioning on behalf of that party.
An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared. It is otherwise considered off-limits, and an Advisor who is an institutional employee is temporary alleviated from mandated reporter responsibilities related to their interaction with their advisee during the resolution process.
31. Recording hearings
Hearings (but not deliberations) are recorded by the College for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.
The decision-maker(s), the parties, their Advisors, and appropriate administrators of the College will be permitted to listen to the recording or review a transcript of the recording, in a controlled environment determined by the Title IX Coordinator, upon request. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator.
32. Deliberation, decision-making and standard of proof
The decision-maker(s) will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. If a panel is used, a simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used. The hearing facilitator may be invited to attend the deliberation by the Chair, but is there only to facilitate procedurally, not to address the substance of the allegations.
When there is a finding of responsibility on one or more of the allegations, the Decision-maker(s) may then consider the previously submitted party impact statements in determining appropriate sanction(s).
The Chair will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The decision-maker(s) may – at their discretion – consider the statements, but they are not binding.
The decision-maker(s) will review the statements and any pertinent conduct history provided by the Office of Student Conduct will recommend the appropriate sanction(s) in consultation with other appropriate administrators, as required.
The Chair will then prepare a written deliberation statement and deliver it to the Title IX Coordinator, detailing the determination, rationale, the evidence used in support of its determination, the evidence not relied upon in its determination, credibility assessments, and any sanctions or recommendations.
This report is typically three (3) to five (5) pages in length and must be submitted to the Title IX Coordinator within three (3) business days of the end of deliberations, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.
33. Notice of outcome
Using the deliberation statement, the Title IX Coordinator will work with the Chair to prepare a Notice of Outcome. The Notice of Outcome will then be reviewed by legal counsel, as appropriate. The Title IX Coordinator will then share the outcome letter, including the final determination, rationale, and any applicable sanction(s) with the parties and their Advisors within seven (7) business days of receiving the Decision-maker(s)’ deliberation statement.
The Notice of Outcome will then be shared with the parties simultaneously. Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official College records, or emailed to the parties’ college-issued email or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
The Notice of Outcome will articulate the specific policy(ies) reported to have been violated, including the relevant policy section, and will contain a description of the procedural steps taken by the College from the receipt of the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits, methods used to obtain evidence, and hearings held.
The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statement of, and rationale for, the result of each allegation to the extent the College is permitted to share such information under state or federal law; any sanctions issued which the College is permitted to share according to state or federal law; and whether remedies will be provided to the Complainant designed to ensure access to the College’s educational or employment program or activity.
The Notice of Outcome will also include information on when the results are considered by the College to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.
34. Statement of the rights of the parties
View Appendix C for the full statement.
35. Sanctions
Factors considered when determining a sanction/responsive action may include, but are not limited to:
The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.
The sanctions described in this Policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by external authorities.
35a. Examples of student sanctions
The following are sanctions that may be imposed upon students or organizations singly or in combination:
35b. Employee sanctions and responsive/corrective actions
Responsive actions for an employee who has engaged in sex/gender-based harassment, discrimination and/or retaliation include the following:
36. Withdrawal or resignation while charges pending
Students: Should a Respondent decide not to participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the College, the resolution process ends with a dismissal, as the College no longer has disciplinary jurisdiction over the withdrawn student.
However, the College will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination, and/or retaliation. The student who withdraws or leaves while the process is pending may not return to the College in any capacity. Admissions and Human Resources will be notified, accordingly. Such exclusion applies to all campuses of the College.
If the student Respondent only withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely and that student is not permitted to return to College unless and until all sanctions, if any, have been satisfied.
During the resolution process, the College may put a hold on a responding student’s transcript or place a notation on a responding student's transcript or dean's disciplinary certification that a disciplinary matter is pending.
Employees: Should an employee Respondent resign with unresolved allegations pending, the resolution process ends with dismissal, as the College no longer has disciplinary jurisdiction over the resigned employee.
However, the College will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination and/or retaliation.
The employee who resigns with unresolved allegations pending is not eligible for admissions or rehire with the College, and the records retained by the Title IX Coordinator will reflect that status.
All College responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.
37. Appeals
Any party may file a request for appeal ("Request for Appeal"), but it must be submitted in writing to the Title IX Coordinator within five (5) business days of the delivery of the Notice of Outcome.
A three-member appeal panel chosen from the Pool will be designated by the Title IX. No appeal panelists will have been involved in the process previously, including in any dismissal appeal that may have been heard earlier in the process. A voting Chair of the Appeal panel will be designated.
The Request for Appeal will be forwarded to the Appeal Chair or designee for consideration to determine if the request meets the grounds for appeal (a Review for Standing).
This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.
37a. Grounds for Appeal
Appeals are limited to the following grounds:
If any of the grounds in the Request for Appeal do not meet the grounds in this Policy, that request will be denied by the Appeal Chair, and the parties and their Advisors will be notified in writing of the denial and the rationale.
If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Chair will notify the other party(ies) and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigators and/or the original decision-maker(s).
The other party(ies) and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigators and/or the original decision-maker(s) will be mailed, emailed, and/or provided a hard copy of the request for an appeal with the approved grounds and then be given five (5) business days to submit a response to the portion of the appeal that was approved and involves them. All responses, if any, will be forwarded by the Chair to all parties for review and comment.
The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed to determine if it meets the grounds on this Policy by the Appeal Chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator(s) and/or original decision-maker(s), as necessary, who will submit their responses, if any, in five (5) business days, which will be circulated for review and comment by all parties. If not approved, the parties will be notified accordingly, in writing.
Neither party may submit any new requests for appeal after this time period. The Appeal Chair will collect any additional information needed and all documentation regarding the approved grounds for appeal and the subsequent responses will be shared with the Appeal Panel/Chair, and the Panel will render a decision in no more than five (5) business days, barring exigent circumstances. All decisions are by majority vote and apply the preponderance of the evidence OR the clear and convincing evidence standard.
A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which the College is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent the College is permitted to share under state or federal law.
Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official institutional records, or emailed to the parties’ college-issued email or otherwise approved account. Once mailed, emailed and/or received in-person, notice will be presumptively delivered.
37b. Sanctions status during appeal
Any sanctions imposed as a result of the hearing are stayed during the appeal process. Supportive measures may be reinstated, subject to the same supportive measure procedures above.
If any of the sanctions are to be implemented immediately post-hearing, but pre-appeal, then emergency removal procedures (detailed above) for show cause meeting on the justification for doing so must be permitted within 48 hours of implementation.
The College may still place holds on official transcripts, diplomas, graduations, and course registration pending the outcome of an appeal when the original sanctions included separation.
37c. Appeal considerations
38. Long-term remedies/Other actions
Following the conclusion of the resolution process, and in addition to any sanctions implemented, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the parties and/or the campus community that are intended to stop the harassment, discrimination, and/or retaliation, remedy the effects, and prevent reoccurrence. These remedies/actions may include, but are not limited to the following:
At the discretion of the Title IX Coordinator, certain long-term support or measures may also be provided to the parties even if no policy violation is found.
When no policy violation is found, the Title IX Coordinator will address any remedies owed by the College to the Respondent to ensure no effective denial of educational access.
The College will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the College’s ability to provide these services.
39. Failure to comply with sanctions and/or interim and long-term remedies and/or responsive actions
All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the final Decision-maker(s) (including the Appeal Chair/Panel).
Failure to abide by the sanction(s)/action(s) imposed by the date specified, whether by refusal, neglect or any other reason, may result in additional sanction(s)/action(s), including suspension, expulsion and/or termination from the College and may be noted on a student's official transcript.
A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.
40. Recordkeeping
The College will maintain for a period of at least seven years records of the following:
The College will also maintain any and all records in accordance with state and federal laws.
41. Disabilities accommodations in the resolution process
The College is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the College's resolution process.
Anyone needing such accommodations or support should contact the Director of Disability Support Services who will review the request and, in consultation with the person requesting the accommodation and the Title IX Coordinator, determine which accommodations are appropriate and necessary for full participation in the process.
42. Revision of this policy and procedures
This Policy and procedures supersede any previous policy(ies) addressing sex discrimination, sexual harassment, sexual misconduct and/or retaliation for incidents occurring on or after August 14, 2020, under Title IX and will be reviewed and updated annually by the Title IX Coordinator. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect.
During the resolution process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with notice (on the institutional website, with the appropriate effective date identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Policy and procedures.
If government laws or regulations change – or court decisions alter – the requirements in a way that impacts this document, this document will be construed to comply with the most recent government laws or regulations or court holdings.
This document does not create legally enforceable protections beyond the protection of the protections of the background state and federal laws which frame such policies and codes, generally.
This Policy and procedures are effective August 14, 2020.
Additional campus resources
Additional community resources
Wake Technical Community College is committed to creating and maintaining a community where all individuals enjoy freedom from discrimination, including discrimination on the basis of sex, as mandated by Title IX of the Education Amendments of 1972 (Title IX). Sex discrimination, which can include discrimination based on pregnancy, marital status or parental status, is prohibited and illegal in admissions, educational programs and activities, hiring, leave policies, employment policies and health insurance coverage.
Glossary (as applicable to the Title IX Policy)
The college hereby establishes a policy and associated procedures for ensuring the protection and equal treatment of pregnant individuals, persons with pregnancy-related conditions and new parents. Under the Department of Education’s (DOE) Title IX regulations, an institution that receives federal funding "shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom."
According to the DOE, appropriate treatment of a pregnant student includes granting the student leave "for so long a period of time as is deemed medically necessary by the student’s physician" and then effectively reinstating the student to the same status as was held when the leave began. This generally means that pregnant students should be treated by the college the same way as someone who has a temporary disability and will be given an opportunity to make up missed work wherever possible. Extended deadlines, make-up assignments (e.g., papers, quizzes, tests and presentations), tutoring, independent study, online course completion options and incomplete grades that can be completed at a later date should all be employed, in addition to any other ergonomic and assistive supports typically provided by Disability Support Services.
To the extent possible, the college will take reasonable steps to ensure that pregnant students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same course catalog that was in place when the leave began. The Title IX Coordinator has the authority to determine that such accommodations are necessary and appropriate and to inform faculty members of the need to adjust academic parameters accordingly.
As with disability accommodations, information about pregnant students’ requests for accommodations will be shared with faculty and staff only to the extent necessary to provide the reasonable accommodation. Faculty and staff will regard all information associated with such requests as private and will not disclose this information unless necessary. Administrative responsibility for these accommodations lies with the Title IX Coordinator, who will maintain all appropriate documentation related to accommodations.
In situations such as clinical rotations, performances, labs and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses or join a subsequent cohort when returning from leave.
Students are encouraged to work with their faculty members and the college’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed.
Reporting
Any member of the Wake Technical Community College community may report a violation of this policy to any supervisor, manager or to the Title IX Coordinator. All mandated reporters are responsible for promptly forwarding such reports to the Title IX Office.
Administrative contact information
The Title IX Coordinator is responsible for overseeing complaints of discrimination involving pregnant and parenting students. Additionally, the Title IX Team is tasked with supporting these duties. Contact information is available in Section 6 for the Title IX Coordinator and Title IX Team.
Complaints may be filed online, using the available available form.
Scope of policy
This policy applies to all aspects of the college's programs, including but not limited to admissions, educational programs and activities, extracurricular activities, hiring, leave policies, employment policies and health insurance coverage.
Reasonable accommodations of students affected by pregnancy, childbirth or related conditions:
Nothing in this policy requires modification to the essential elements of any academic program. Pregnant students cannot be channeled into an alternative program or school against their wishes.
Modified academic responsibilities policy for parenting students:
Student-employee leave
All student-employees will be entitled to the protections of the Family and Medical Leave Act. Pregnancy and related conditions will be treated as any other temporary disability for job purposes, including leave and benefits.
Retaliation and harassment
Harassment of any member of the college community based on sex, gender identity, gender expression, pregnancy or parental status is prohibited.
Faculty, staff and other college employees are prohibited from interfering with students’ right to a period of leave, seek reasonable accommodation or otherwise exercise their rights under this policy.
Faculty, staff, and other College employees are prohibited from retaliating against students for exercising the rights articulated by this Policy, including imposing or threatening to impose negative educational outcomes because students request leave or accommodation, file a complaint, or otherwise exercise their rights under this Policy.
Dissemination of the policy and training
A copy of this policy will be made available to faculty, staff and employees in annually required training and posted on the college’s website. The college will alert all new students about this policy and the location of this policy as part of orientation. The Title IX office will make educational materials available to all members of the college community to promote compliance with this policy and familiarity with its procedures.
Pregnancy and parenting student resources
Lactation support policy
The college promotes supports for working parents with the transition back to work and school following childbirth. This includes support of nursing mothers wishing to express breast milk periodically during the work/school day. In accordance with provisions of the federal Fair Labor Standards Act (FLSA), upon request, suitable space must be provided for lactation support. Information about the North Carolina State Government policy can be found via the Office of State Human Resources website.
The college provides lactation rooms college-wide. The list of campus lactation rooms includes the locations of the rooms, information on how to reserve the rooms and contact information for accessing the rooms.
Gender-neutral/single-stall restrooms
As part of its commitment to creating welcoming and inclusive spaces, Wake Tech provides gender-neutral restrooms collegewide. These facilities are open to people of all genders.
Campus maps
Examples of sexual harassment
Examples of stalking
Examples of sexual assault
Examples of retaliation
The College utilizes the professional guidance of the Association of Title IX Administrators (ATIXA) for its Informal Resolution (IR) process.
ATIXA has framed a process for IR that includes:
Alternative resolution approaches such as mediation, restorative practices, and transformative justice are likely to be used more and more often by colleges and universities. ATIXA does not endorse these approaches as better or worse than other formal or informal approaches.
ATIXA believes that if they are to be used in, and are effective for, sex offenses, they need to be designed and executed carefully and thoughtfully and be facilitated by well-trained personnel who take the necessary time to prepare and lay a foundation for success. Although no approach is a panacea, the framework below can help to lay that foundation, regardless of which approach(es) are used.
Here are the principles to be considered in supporting various approaches to informal resolution:
ATIXA 2020 ONE POLICY, TWO PROCEDURES MODEL
USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS
PERMITTED THROUGH A LIMITED LICENSE
TO Wake Technical Community College
ALL OTHER RIGHTS RESERVED.
©2020. ATIXA
RefID#E0129_TitleIX_8-HR & Benefits and RefID#C1405_9-Students
Visitors and children are welcome at Wake Technical Community College with limitations to protect the health and safety of the college community as well as maintain productivity for employees.
Definitions
Visitors are welcome on the Wake Tech campus. For the safety and security of all, immediately upon arriving, visitors are required to register at the reception desk at any campus. At the reception desk, visitors may obtain information and directions as needed. The college cannot accommodate extended non-official visits; individuals who have not registered or who are found loitering on campus may be required to leave.
Visitors, children and any other persons not enrolled at Wake Tech are not allowed in the classrooms, laboratories or any other instructional areas (on or off campus) without prior authorization.
Children under the age of 15 visiting the libraries or other public areas on campus and are not enrolled at Wake Tech must be accompanied by a parent, guardian or another adult at all times and must not be left unattended in any area of the library or college. The accompanying adult should ensure that the child does not cause a disruption to the staff work or student learning environments of the libraries or other public areas on campus, or they will be asked to leave.
At community school sites, only persons attending classes or other college activities are permitted on the premises.
Wake Tech students or employees violating the above regulations on any Wake Tech campus or community schools site will be subject to disciplinary action.
RefID#C1443 and RefID#E1312
If the need should arise to evacuate a building because of fire or other impending danger, a general alarm will be sounded. When such an alarm is sounded, individuals should leave the building by way of the nearest exit. Individuals should become familiar with posted evacuation routes.
The college does not assume responsibility for injuries or losses sustained on or off campus by any student. For this reason, accident insurance is included in the Student Administration Fee for all curriculum students. Students in select Workforce Continuing Education courses shall be required to purchase accident insurance as part of their registration.
All students covered by the insurance policy are responsible for reading the Student Accident Insurance Plan brochure to understand the extent of coverage and the procedures for filing a claim. A copy of the brochure can be obtained from the Registrar's Office. All provisions described in the Student Accident Insurance Plan brochure will prevail in the event of any discrepancy between this policy and the brochure.
The college requires each person enrolling in a Health Sciences curriculum and students in select Workforce Continuing Education courses to have student malpractice liability insurance coverage in the amount of $2,000,000/$5,000,000. Students enrolled in Health Sciences curriculum may purchase this insurance from a local insurance agency. Proof of coverage must be presented at the time of registration by providing the policy or certification of insurance. In the absence of proof of coverage, students enrolled in a Health Sciences curriculum are required to purchase professional liability insurance through the college’s blanket liability insurance program at the time of registration. Payment for this insurance will be included in the registration fee for Workforce Continuing Education students.
Personal injury insurance is required for students participating in the intercollegiate athletics program.
Students who would like to purchase health insurance for themselves and/or their families may participate in a group policy through the North Carolina Community College Student Health Plan. More information can be found on Wake Tech’s website by clicking on the Student Services link and then the Student Health Insurance link.
Accident notification and response
All accidents and injuries are to be reported to the College Police Department by calling Wake Tech’s 24-hour call center at 919-866-5911. The College Police will notify Wake County EMS 911 when an accident appears to be severe enough to require professional medical attention.
The call center will assign a case number to each incident. For accidents that occur on a Wake Tech site, a College Police officer will be dispatched immediately to the scene to compile information for an incident report and to assist with or administer first aid. Students who are injured while participating in off-campus activities sponsored and supervised by Wake Tech faculty or staff and those who are otherwise unable to provide information to an officer at the time of their accident are to report the details to a College Police officer upon their return to Wake Tech. The officer responding to the incident (or receiving the student report) will complete an incident report as soon as possible, but no later than by the end of their shift.
Injured students who are unable to drive themselves to an urgent care clinic, hospital or other medical facility will be consigned to the care and transport of EMS personnel. Under no circumstances shall a Wake Tech employee provide transportation for an injured student. Students may seek treatment from a medical facility of their choosing (within plan limitations) providing that the treatment is not rendered by a doctor or nurse who is a family member.
Accident reimbursement claims
Students seeking reimbursement for expenses covered by the student accident insurance plan must obtain an Accident Claim Form from the Registrar's Office within 30 days of the incident or as soon as is reasonably possible. To be eligible for reimbursement, the original completed Accident Claim Form must be submitted to the insurance agency. A copy of the claim form and medical bills must be provided to the Business Office. Additional instructions and contact information for the agency can be found on the back of the Accident Claim Form; the claim procedure is also detailed in the Student Accident Insurance Plan brochure.
No student shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage, fortified wine or other intoxicating liquor or unlawfully manufacture, distribute, dispense, possess, use or be under the influence of marijuana or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, anabolic steroid or any other controlled substance as defined in Schedule I through VI of Section 202 of the Controlled Substance Act (21 U.S.C. Section 812) and as further defined by regulation at 21 C.F.R. 1300.11–1300.15 or Article 5 of Chapter 90 of the North Carolina General Statutes in any college location as defined below.
"College location" means in any college building or on any college premises, in any college-owned vehicle or other college-approved vehicle used to transport students to and from college or college activities, or off college property at any college-sponsored or college-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the college.
Any student who violates the terms of this policy may be subject to suspension or expulsion from the college in accordance with the Student Code of Conduct, Rights and Responsibilities or may be required to participate in a drug abuse assistance and rehabilitation program approved by the Enrollment and Student Services Administration. If such student fails to satisfactorily participate in such program, the student will be suspended or expelled from the college in accordance with the Student Code of Conduct, Rights and Responsibilities.
Drug abuse prevention program
Recognizing the serious consequences resulting from the inappropriate use of drugs and the potential disciplinary action that could result from the possession or consumption of controlled substances on campus, Wake Tech offers a program of activities and services to prevent drug and alcohol abuse on the part of its students. The Dean of Student Development will provide oversight for the content and timeliness of the program as follows:
Biennial review
The Associate Vice President for Student Services is responsible for completing the biennial review as noted in 34 CFR Part 86 by December 31 of each even-numbered year, for the two prior academic years.
The review will accomplish the following:
The college recognizes the need to prepare for unexpected situations or respond to weather that may require the closure of all or part of a campus or to reduce operations, identify the decision-making hierarchy for such closures, ensure timely notification to students, staff, faculty and visitors and confirm employee responsibilities in the event of a closure or reduced operations.
Definitions
In emergency situations – inclement weather, power outages or any other conditions constituting an emergency situation – the college may delay opening or close campuses for the day.
Notification
Delays and closings will be announced via the Wake Tech Warn emergency alert system. All Wake Tech student and employee email addresses are automatically registered to receive Wake Tech Warn alerts. Students and staff can add other email addresses or phone numbers for voicemail and text message alerts in the system.
Delays and closings will also be posted on www.waketech.edu, social media and local radio and television stations. An announcement will also be recorded on the college switchboard, 919-866-5000. In the event that an emergency situation occurs after the opening of the college, announcements about class dismissals and closings will come from the administrative officer in charge.
Students
When college campuses are closed due to inclement weather or other adverse conditions, students are expected to check their online course site (Blackboard or Moodle) for class-specific information and assignments. Students who are unable to participate in online instruction due to a power outage or other circumstances are responsible for contacting their instructor and making up class assignments
If Blackboard or Moodle become inaccessible or power outages occur, assignment due dates will be clearly posted when service resumes. Due dates may also be extended on a case-by-case basis at the discretion of instructors, and announcements will be posted accordingly.
Employees
When college campuses are closed due to inclement weather or other emergency conditions, employees who can work remotely should do so. The college does not expect employees to work in any environment that is unsafe. Employees who are not able to work remotely due to a power outage or other emergency situation should contact their supervisor. Employees who are not able to work remotely may be required to take annual leave or arrange to make up the time. Depending on the circumstances, the time lost may be counted as an excused absence at the discretion of the supervisor.
Contact information
Ref: E0919 and C1423
Pursuant to Chapter 115D-21 of the General Statutes of North Carolina, the Wake Tech Board of Trustees adopts the following rules governing parking, traffic and the registration of motor vehicles on Wake Tech campuses. These regulations are intended only to supplement the motor vehicle laws of North Carolina, all provisions of which apply to the streets, roads, alleys, sidewalks, walkways, parking spaces, parking areas and parking lots on all Wake Tech campuses.
Revised October 2015
A. General provisions
Definitions
Abandoned vehicle: a motor vehicle that has remained parked for more than 10 days, which is determined to be "derelict" under North Carolina General Statute 20-137.7
Employees: faculty members, administrative staff, clerical personnel and all other non-student personnel employed by the college (including temporary, permanent, part-time and full-time employees)
No-parking area: any area not specifically set aside, marked, striped or designated by Facility Services for the permanent or temporary parking of vehicles
Parking area: any area specifically set aside, marked, striped or designated by Facility Services for the permanent or temporary parking of vehicles
Repeat offender: any person committing three or more traffic or parking violations within an academic year
Student: anyone registered or enrolled in full- or part-time academic study who is not an employee
Visitor: anyone not identified as an employee or student according to the definitions above
Authority
Pursuant to North Carolina General Statutes, Chapter 115D-21, the Board of Trustees of Wake Technical Community College, through their designee, Facility Services, shall be responsible for the registration, flow and parking of vehicles on property owned or leased in whole or in part by the State of North Carolina and under control of the Wake Tech Board of Trustees. Notwithstanding the above, the Registrar shall be responsible for the registration of student vehicles. The provisions of the regulations apply to the operators of all vehicles operated on any Wake Tech campus and shall be in effect 24 hours a day, except as herein provided.
Wake Tech’s Facility Services Office, as authorized by this ordinance and the Board of Trustees, shall exercise discretion and authority in ensuring that the necessary business of the college is conducted properly and that parking areas and facilities on Wake Tech campuses are used for the benefit and convenience of students, faculty, staff and visitors.
Liability
Wake Technical Community College assumes no liability or responsibility for damage to or theft of personal property or of any vehicle parked or in operation on the properties leased by or under the control of the Board of Trustees of the college.
Violation of ordinance
In addition to the criminal penalties set out by the North Carolina General Statutes, any person violating this or any regulation issued hereunder is subject to a civil penalty as set forth in this ordinance.
Rules of evidence
When a vehicle is found to be in violation of this ordinance, it shall be considered prima facie evidence that the vehicle was parked by the person holding the college parking permit for that vehicle or by the person on file as the owner of said vehicle with the North Carolina Division of Motor Vehicles or corresponding agency of another state.
B. Vehicle registration and parking permits
Permit eligibility
All faculty, staff and students in good standing with the college are eligible for and may obtain a parking permit. Motor vehicles parked on campus by students, faculty or staff must be registered with the college and must display a valid, official (Wake Tech-issued) vehicle parking permit.
Handicapped parking permits
The state-issued permit is the only one Wake Tech requires.
Parking permits become invalid under the following conditions:
Registration of motor vehicles
Faculty/staff vehicles must be registered through the Wake Tech Campus Police Department. There is no cost to employees for vehicle registration and no limit on the number of vehicles that can be registered. Contact Kenneth Brown at 919-866-5493 for more information.
Faculty/staff parking permits are for the exclusive use of employees and do not entitle friends or relatives of employees to park in staff spaces, even with the permit. Faculty/staff parking permits need not be renewed unless worn or illegible.
Student vehicles must be registered as part of the registration process. To obtain a parking permit, students shall provide their vehicle license plate number and the state in which the vehicle is registered. Vehicles brought onto campus after the college registration period has ended must be registered promptly. Students registered for classes at the Perry Health Sciences Campus shall obtain an entry key card for the parking deck.
Student parking permits will be issued in conjunction with student identification badges.
Faculty, staff and students who have been issued a vehicle registration permit are responsible for parking violations involving the vehicle for which that permit has been issued.
A temporary parking permit shall be obtained when a permit holder’s vehicle is unavailable and he/she drives and parks another vehicle on campus.
Parking permits shall be properly displayed on the vehicles for which they have been issued. Four-wheel vehicles shall display permits on the left side of the rear window or to the rear left bumper. If the vehicle is a convertible or a Jeep with no glass rear windshield, permits may be displayed on the rear bumper or in an interior position within the cabin of the vehicle that would be highly visible to a police officer. Two-wheel vehicle permits shall be displayed on the rear of the vehicle, if possible, or attached to the front forks or windshield of the vehicle.
Visitors (as defined in Article I) to any campus shall obtain a temporary parking permit from the reception desk and may park in spaces designated for visitors or general parking only.
C. Parking and traffic rules and regulations
Faculty, staff and students are subject to discipline in accordance with the provisions of this ordinance and Wake Tech policy and procedure.
Rules and regulations
Enforcement
The college reserves the right to revoke any parking privileges and to remove a repeat offender's valid parking permit for flagrant violation of the Traffic Rules and Regulations, including failure to pay fines.
Fines
Financial Services is hereby authorized to collect a $25 fine for any of the following violations:
Financial Services is hereby authorized to collect a $250 fine for violation of handicapped parking rules and regulations and a $50 administrative fee for removal of a boot from any vehicle.
Towing
The College Police chief is hereby authorized to have towed or to have a boot (or other lawful means of enforcement) placed on any vehicle in violation of rules and regulations:
In addition to any fine assessed for a violation of this ordinance, the owner of a towed vehicle is responsible for payment of any towing and/or storage fees.
Wake Tech provides a petition/appeal procedure for towing and parking violations. Additionally, North Carolina G.S. 20-219.11 provides the following:
When a vehicle with a valid license plate or registration is towed as provided in G.S. 20-219.11, the authorizing person shall immediately notify the last known registered owner of the vehicle of the following:
The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine probable cause for the towing. The request for a hearing shall be filed with the magistrate in the county where the vehicle was towed, and the hearing will be set within 72 hours of receipt of the request.
The only issue at this hearing is whether probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower's lien continues. If the magistrate finds that probable cause did not exist, the tower's lien is extinguished. Any aggrieved party may appeal the magistrate's decision to District Court.
Suspension of parking privileges
The College Police chief may, in addition to any other penalty, suspend for up to one year the parking privileges of any individual found to be a repeat offender in flagrant violation of this ordinance.
Failure to settle fines, fees and charges
Failure to settle outstanding traffic and parking fines, fees and charges within 14 days after issuance of a citation may result in the collection of fees in the following manner:
Petition/appeal procedure
Individuals issued a parking or traffic citation may appeal by returning a Traffic Violation Appeal form to the Traffic Appeals Review Board within the semester the citation is issued. Untimely appeals will not be accepted for review
Traffic Violation Appeal forms are available at the reception desk on all Wake Tech campuses.
Unless otherwise specified in this section, the appeal and all arguments in support of the appeal will be submitted in writing. The Traffic Appeals Review Board Administrator shall review the appeal, considering the written statement of the appellant and relevant documents submitted by the Chief of College Police, and respond by mail to the address provided on the appeal form.
Appeal hearings
Individuals whose driving or parking privileges have been suspended or revoked, or whose vehicles have been towed, may submit an appeal in writing directly to the Chief of College Police. The appeal must be received within 14 days. Individuals will be notified in writing of the chief's decision within seven days of the appeal.
Traffic Appeals Review Board
Board membership consists of one faculty member appointed by the Faculty Association President, one staff member appointed by the Staff Association President and one student member appointed by the Student Government Association President. The Executive Vice President (or designee) shall serve as chair. The term of office will be one year, with no limit to the number of terms served. Members will serve until successors are appointed. The Chief of College Police (or designee) will attend each hearing to clarify operational questions that arise.
The Board Chair (or designee) will present subsequent appeal forms to board members and call for a vote from each member. The Board Chair will make note of the decision regarding the appeal. The Board Chair is a non-voting member of the board.
The Traffic Appeals Review Board will meet as necessary. The Board Chair is responsible for notifying the board members of the time, date and location of the hearing. The Board Chair may render decisions on traffic appeals in between regularly scheduled meetings of the board and in emergency situations.
Decisions of the Traffic Appeals Review Board are final. If an appeal is denied, payment of the fine is due immediately.
Judgment factors:
Wake Technical Community College requires its faculty, staff and students to comply with the United States Copyright Act (Title 17 of the United States Code) (the "Copyright Act"). Faculty, students and staff may download, possess and store only lawfully acquired copyrighted materials and may use, adapt and distribute those materials only in ways consistent with the Copyright Act, associated case law, the Fair Use principle and the intellectual property rights of others. The unauthorized use (downloading, possessing, storing, copying, adapting, sharing or distribution) of copyrighted materials is a violation of federal law and Wake Technical Community College policy and is strictly prohibited.
Copyrights and infringement
Copyright infringement of any kind is not permitted at Wake Technical Community College and may result in to criminal and civil penalties. Any sharing of copyrighted material without proper licensing or permission from the owner/author/manufacturer is prohibited by law and is not condoned by the college.
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under Section 106 of the Copyright Act. These rights include the right to reproduce or distribute a copyrighted work.
In the file-sharing context, downloading or uploading all or substantial parts of a copyrighted work without the permission of the copyright holder constitutes infringement.
Students who infringe on a copyright are subject to disciplinary action, up to and including expulsion from their program of study or from the college. Employees who infringe on a copyright are subject to disciplinary action, up to and including termination of employment at the college.
NOTE: Copyright infringement may also result in criminal penalties, including imprisonment for up to five years for a first offense and fines of up to $250,000 per offense.
Intellectual property
Certain intellectual and creative works qualify for protection under U.S. law. The Copyright Act defines federal copyright protection, details original works of authorship protected and outlines the process for protecting such works. Title 35 of the United States Code defines patent protection, details inventions and discoveries protected, establishes conditions for patentability and spells out the process for the granting of patents.
Fair use
Title 17, Chapter 1, Section 107 (Fair Use) of the United States Code classifies certain uses of materials copyrighted by others as non-infringing. It states:
The fact that a work is unpublished will not per se preclude a finding of fair use, if that finding is made on consideration of all factors listed above.
Any employee or student wishing to use copyrighted materials under conditions not permitted by the Fair Use statute must obtain permission from the author or owner prior to using such material. If an employee intends to use copyrighted materials for college-related activities, he or she must file all correspondence and documentation of permission with his/her dean or unit manager. The documentation will consist of no less than the letter requesting approval for use, the letter of response from the author or owner, and the article or materials to be used.
Intellectual property rights
The college recognizes that the research and development of an idea frequently requires the expenditure of time and money as well as the use of lab space, equipment or other campus facilities. In order to assist worthy projects, Wake Technical Community College may enter into a written agreement with a college employee or student whose research or other work has demonstrable merit. Assistance may include financial support for the purchase of supplies, payment of patent fees, and other costs deemed necessary to the successful development of the individual’s idea, concept, design or invention. In all such cases, the agreement will provide for the college a basis of ownership or an agreement to reimburse the college for its costs and support as agreed upon by the employee or student and the college Board of Trustees. In no circumstances, however, shall the college agreement deprive, diminish or abrogate the rights of the college as specified in Section 4.a. above.
Wake Tech encourages the responsible and ethical use of generative artificial intelligence (genAI), machine learning (ML) and large language models (LLMs). The Chief Data Officer and the Data Governance Committee reserve the right to explicitly direct their use within all institutional operations and environments.
Use of generative AI
College operations and student use of genAI are different and have different purposes, so this policy treats them separately.
Other policy considerations
In addition to this policy, the use of genAI also is governed by the college's existing policies on Academic Integrity, Copyright Infringement and Intellectual Property and Data Protection and Retention, as well as the Wake Tech Student Code of Conduct. Faculty, staff and students should carefully consider their use of genAI to ensure that such use does not violate any of these policies.
Wake Tech will utilize best practices related to maintaining a comprehensive Learning Management System records and data archive and retention schedule. The retention schedule will adhere to all applicable regulations and comply with all audit criteria. The retention schedule provides information pertinent to all types of courses offered by the college and provides instruction for storage and destruction of affected data.
Learning Management System Records Retention Schedule (this PDF document is the official version of the policy)
Digital student records generated while delivering online courses are confidential, protected under FERPA regulations, and must be provided to students or legal authorities when requested. North Carolina General Statutes (NCGS) §115D, §121, and §132 have no special provisions for the handling or retention of digital academic records or protection from litigation regarding such records. North Carolina General Statutes and current Wake Tech policy require the retention of course and student records for a period of five years. Retaining student-generated data poses legal risks for the college if a student or parent sues or if records are compromised through accidental release or malicious intrusion. The maintenance, security, storage and backup of records in perpetuity and the mechanisms for producing the records in an accessible form constitute a financial burden for the college as well.
Wake Technical Community College recognizes that the operation of Unmanned Aircraft Systems (UAS), also referred to as drones, is popular for both recreational and educational usage. This policy establishes the minimum requirements for the safe operation of unmanned aircraft systems in and around Wake Tech campuses and shall be a reference to assist with compliance with federal law, Federal Aviation Administration (FAA) regulations, state and local laws and Wake Tech policies.
This policy applies to all members of the Wake Tech community, including but not limited to employees, students, clubs, organizations, vendors and third-party contractors, and any other individuals who are operating a UAS as part of their employment or as part of any Wake Tech-related activity. This policy also applies to any person or entity not affiliated with Wake Tech who may operate a UAS on Wake Tech property or land. This includes recreational and non-recreational aircraft operations. Any person operating a UAS on or above a Wake Tech campus is personally responsible – and bears sole responsibility – for complying with: FAA regulations; federal, state, county and municipal laws; and all Wake Tech policies, including but not limited to those set out in this UAS Policy.
Definitions
General
No individual shall operate a UAS on, in or over any Wake Tech campus without approval from Wake Tech. Before internal UAS activity, a safety risk assessment must also be conducted by the appropriate Wake Tech department or unit. In controlled airspace or any other airspace over land not owned or controlled by Wake Tech, a Memorandum of Understanding (MOU) between Wake Tech and the landowner must be negotiated and signed prior to UAS use.
A safety risk assessment must be conducted by the Wake Tech department or unit before any internal UAS activity.
External commercial requesters must ensure the following requirements are met and submit them along with the authorization form:
Complete the appropriate authorization form - external or internal Unmanned Aircraft Systems (UAS) Authorization form – and submit it with all required documentation to the Wake Tech Director of Campus Services contact for review.
Upon approval or denial of the request to operate a UAS, the Wake Tech Director of Campus Services will do the following:
If an incident occurs on a Wake Tech campus, contact College Police immediately or no later than 24 hours after the incident occurred. If an accident has occurred, the drone operator must file an accident report with the FAA within 10 days of the incident if either of the following conditions exist:
As a Wake Tech UAS pilot, any drone operator involved in an accident requiring FAA reporting must generate and retain in Wake Tech's files, documentation of all relevant flight data stored on the UAS itself and/or its associated remote control and any other attached device.
If a UAS is operating on a Wake Tech campus without receiving prior approval, College Police will advise the operator of the proper procedure, ask them to immediately stop flying and leave the campus immediately. The police officer will write an information report containing the name, date and campus of the violation, and the report will be maintained in the police system.
The first violation will be a verbal warning, as well as asking them to leave campus immediately. The second violation will be a referral to the Student Conduct Office for a student and a trespass from Wake Tech property for a non-student. A third violation could result in a citation.
Privacy
UAS operators shall comply with all federal, state and local privacy laws and regulations, as well as all Wake Tech policies governing privacy.
When operating a UAS for purposes of recording or transmitting visual images, operators bear sole responsibility for all legal risk and must take all reasonable measures to avoid violations of areas normally considered private. A UAS shall not be used to monitor or record areas where there is a reasonable expectation of privacy. These areas include but are not limited to restrooms, locker rooms, changing or dressing rooms.
A UAS shall not be used to monitor or record sensitive institutional or personal information that may be found, for example, on an individual's workspace, on a computer or other electronic displays.
UAS and associated accessories requirements
Wake Tech UAS pilots must also ensure that their UAS satisfies the following requirements prior to proposed UAS operations:
Prohibited operations
UAS are prohibited from operating at Wake Tech's RTP Campus, which lies within controlled airspace.
Unless approved or operated in identified and designated areas, no person or entity shall operate a UAS on, in or over any Wake Tech campus. This prohibition includes commercial flyers conducting commercial photography or filming without first having requested and received approval from Wake Tech.
No person may operate a UAS weighing more than 55 pounds, regardless of FAA approval, without first obtaining permission from Wake Tech.
All UAS operators must ensure that their UAS is registered and marked as required under the then-current laws and FAA rules and regulations; operations with any non-compliant UAS are strictly prohibited.
Termination authority / miscellaneous
Wake Tech reserves the right to terminate UAS permission or operations at any time in its sole discretion.
Wake Tech reserves the right and full authority to interpret all aspects of this UAS policy in Wake Tech's sole discretion, provided, however, that this UAS policy may be construed and enforced only to the maximum extent possible without unlawfully impinging on overriding constitutional rights, if any. To the extent any provision of this UAS policy is found to be unenforceable, such provision shall be severed, and all remaining aspects of the UAS policy shall remain in full force and effect. A failure by Wake Tech to enforce one or more of the provisions of this UAS policy shall neither constitute a waiver of such provisions nor constitute Wake Tech's approval of any non-compliant UAS operations nor cause Wake Tech to incur any liability therefore.
Related policies, procedures, references, forms or terms
Contact information
Ref: #E0924, C0924