What is Title IX?
Title IX of the Education Amendments of 1972 states that “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.” Title IX specifically identifies sexual misconduct as a type of prohibited sexual discrimination.
McDowell Technical Community College (“MTCC” or the “College”) prohibits Sexual Misconduct. (Dating Violence, Domestic Violence, and Stalking are all types of Sexual Misconduct. Accordingly, uses of the term “Sexual Misconduct” also extend to Dating violence, Domestic Violence, and Stalking even when those terms are not specifically and separately listed.)
The College provides and is committed to maintaining programs, activities, and an educational and work environment founded on civility and respect, where no one is unlawfully excluded from participation in, denied the benefits of, or subjected to discrimination in any College program or activity on the basis of gender, sex, sexual orientation, sexual identity, gender identity, or gender expression (“sex discrimination”).
What is Sexual Misconduct?
"Sexual Misconduct" means any unwelcome conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without Consent. Sexual Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by men or by women, and it can occur between people of the same or different sex. The College encourages reporting of all Sexual Misconduct. Sexual Misconduct includes but is not limited to:
- Dating Violence
- Domestic Violence
- Sexual Assault
- Sexual Exploitation
- Sexual Harassment
- Sexual Intimidation
What is Dating Violence?
“Dating Violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating Violence does not include acts covered under the definition of Domestic Violence.
What is Domestic Violence?
“Domestic Violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of North Carolina, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state of North Carolina.
What is Sexual Assault?
“Sexual Assault” means any actual, attempted, or threatened sexual act with another person without that person’s Consent.
What is Sexual Exploitation?
“Sexual Exploitation” means any act of taking non-Consensual, unjust or abusive sexual advantage of another person for one’s own advantage or benefit or to benefit or advantage anyone other than the person being exploited.
What is Sexual Harassment?
"Sexual Harassment" is any unwelcome verbal, nonverbal, written, electronic or physical conduct of a sexual nature.
What is Sexual Intimidation?
"Sexual Intimidation" includes but is not limited to:
Threatening, expressly or impliedly, to commit a sexual act upon another person without his or her consent; and engaging in indecent exposure.
What is Stalking?
"Stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
Fear for his or her safety or the safety of others;
Suffer substantial emotional distress
How to file a Complaint
A Complaint may be initiated in one of the following ways:
- An alleged victim may file a written Complaint with the College or a third party may file a written Complaint on behalf of the alleged victim by completing a Complaint form provided by the College or submitting a written statement in his or her own words providing sufficient information for the College to investigate the allegations contained therein (including but not limited to the name of the alleged victim; the name of the alleged perpetrator; and the date, location, and nature of the alleged Sexual Misconduct).
- An alleged victim may meet in person with the Title IX Coordinator to report alleged Sexual Misconduct and complete the Complaint form during that in-person meeting.
- The College can determine, based on information of which it becomes aware, that it is necessary and/or appropriate for it to investigate the information available to it. (The College may become aware of potential Sexual Misconduct as a result of allegations of Sexual Misconduct reported to the College’s Responsible Employees, among other ways.)
- All complaints should be turned in to the Title IX Coordinator, Ms. Breanna Rose. Her office is located in the Cedar Building - Building 11 or can be e-mailed to email@example.com
Sexual Misconduct Complaint Form
BP 2.18 (Title IX Policy)
Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking
Non Discrimination Notice
McDowell Technical Community College is an Equal Opportunity Institution, complies with applicable federal and state laws prohibiting discrimination on the basis of race, sex, religion, age, ethnic origin, association, or disability. It is the policy of McDowell Technical Community College that no person shall be discriminated against in employment, admissions, or educational activities. The College will provide reasonable accommodations, modifications or adjustments through the use of nondiscriminatory policies and procedures for persons with qualifying disabilities