Title IX
Haywood Community College strives to make its campuses inclusive and a safe and welcoming
learning environment for all members of the College community. Pursuant to multiple
federal and state laws and administrative regulations and pursuant to College policy,
the College prohibits discrimination in its educational programs and activities based
on sex.
Title IX is a comprehensive federal law that prohibits discrimination on the basis
of sex in any federally funded education program or activity. Under Title IX, discrimination
on the basis of sex includes quid pro quo harassment, sexual harassment, and sexual
assault, stalking, dating or domestic violence (collectively referred to as "sexual
harassment"). The College's Title IX Coordinator has oversight responsibility for
handling sexual harassment complaints and for identifying and addressing any patterns
and/or systemic problems involving sexual discrimination or harassment.
All allegations involving sexual harassment should be directed to the College's Title
IX Coordinator, Sara Phillips, and addressed under procedure 3.3.7.1/5.3.4.1. For
other complaints of discrimination and harassment not related to sexual harassment,
refer to Discrimination and Harassment Procedure 3.3.7.2/5.3.4.2.
quid pro quo harassment; unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College's education program or activity, including conduct based on sex stereotyping; or any instance of sexual assault, dating violence, domestic violence, or stalking.
Quid pro quo harassment is a person having power or authority over another and conditioning an educational or employment benefit or service or access to receiving the educational or employment benefit or service upon a person's participation in unwelcome sexual conduct.
The College's Title IX Coordinator oversees compliance with the College's Procedures and Title IX regulations. Questions about these Procedures should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to sexual harassment may do so by reporting the concern to the College's Title IX Coordinator in person, by mail, by telephone, by email, or by any other means that results in the Title IX Coordinator receiving the person's verbal or written report of alleged sexual harassment. The contact information for the Title IX Coordinator is found on the bottom of this page.
Individuals may report sexual harassment directly to local law enforcement agencies
by dialing 911. Individuals who make a criminal allegation may also choose to pursue
the College's grievance procedure simultaneously. A criminal investigation into the
matter does not release the College from its obligation to conduct its own investigation
(nor is a criminal investigation determinative of whether sexual harassment has occurred).
However, the College's investigation may be delayed temporarily while the criminal
investigators are gathering evidence. In the event of such a delay, the College must
make available supportive measures when necessary to protect the alleged Complainant
and/or the College community.
Individuals may choose not to report alleged sexual harassment to law enforcement
authorities. The College respects and supports individuals' decisions regarding reporting;
nevertheless, the College may notify appropriate law enforcement authorities if legally
required or warranted by the nature of the allegations.
The College community encourages the reporting of misconduct and crimes. Sometimes, complainants or witnesses are hesitant to report to College officials or participate in resolution processes because they fear they themselves may be accused of various policy violations. It is in the best interest of this College that as many complainants as possible choose to report to College officials and that witnesses come forward to share what they know. To encourage reporting, the College offers sexual harassment complainants and witnesses amnesty from minor policy violations.
The College will not in any way retaliate against an individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.
Retaliation is a violation of College policy regardless of whether the underlying allegations are ultimately found to have merit. Reports of retaliation are treated separately from reports or complaints of sexual harassment.
The Title Ⅸ Administrator ensures that the report is addressed through the identified resolution procedures and policies, and that the incident is resolved in a timely, fair, and impartial manner. Reports are examined based on the policies and procedures of the College where compliance with Title Ⅸ is of the utmost importance.
All new students and all employees shall be required to participate in a primary prevention
and awareness program that promotes awareness of sexual harassment. This program will
be held annually at the beginning of each fall semester.
At this annual training, students and employees must receive training in the following
areas:
- A. Information about safe and positive options for bystander intervention skills;
- B. What "consent" means with reference to sexual activities;
- C. Risk reduction programs so students recognize and can avoid abusive behaviors or potential attacks;
- D. How and to whom to report an incident regarding discrimination, harassment, and sex-based violence;
- E. The importance of preserving physical evidence in a sex-based violent crime; and
- F. Options about the involvement of law enforcement and campus authorities, including the alleged victim's option to: i) notify law enforcement; ii) be assisted by campus authorities in notifying law enforcement; iii) decline to notify law enforcement; and iv) obtain "no-contact" or restraining orders.
Each year, all students and employees will receive an electronic copy of these Procedures sent to their College email address of record. These Procedures will be maintained online on the College's website, and a hard copy will be kept on file (in English and Spanish) in the Title IX Coordinator's office. Other translations will be made available upon request.
College Title IX Personnel participate in training provided by Campbell Shatley Attorneys at Law. The most recent training materials can be viewed at the following links.