NCSSM Title IX Policy
Pursuant to Policy 7130, reports of sexual harassment and sexual violence 1 should be referred to the Title IX Coordinator for further investigation and processing under this Policy.
1 “Sexual Violence” is defined as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.
Procedures: Upon notification of a possible Level III violation, the Title IX Coordinator will notify the Vice Chancellor for Student Life, the Vice Chancellor for Academic Programs, and the Director of Campus Resources, who will investigate and review the evidence to determine if there is sufficient cause to believe a Level III violation has occurred. After consultation between the Director of Campus Resources, Director of Student Services, Assistant Director of Student Services, and Assistant Director of Student Life and the Director of Academic Programs, the Charge Committee, upon finding cause to do so, shall formally issue charges to the student within ten academic days. Such charges shall include a statement of the violation alleged and an explanation of the three-step hearing process described below.
In cases involving allegations of student-on-student sexual harassment or sexual violence, the Title IX Coordinator shall work with the students and the administrators to ensure a prompt, equitable and thorough investigation, to discuss and implement appropriate interim measures, and to provide information to the students involved regarding available support and resources.
Step 1: Administrative Hearing Process
The Administrative Hearing will be held as soon as possible, but not less than ten academic days after notification to parents or guardians, unless otherwise agreed to by the student. Upon request by the student, the Hearing Officer may, but is not required to, grant an extension of up to ten additional academic days.
Either the Vice Chancellor for Academic Programs or the Vice Chancellor for Student Life shall act as the Hearing Officer. The Administrative Hearing shall include the student, the student’s parents or guardians, and any other administrative, professional or support staff member deemed necessary to conduct the hearing by the Vice Chancellor. Federal and State Rules of Procedure and Evidence do not apply to Level III hearings. All Level III hearings shall be recorded.
The Hearing Officer shall review all incident reports and written statements, and shall hear the student’s testimony. The Hearing Officer may also hear and consider testimony from other witnesses. If it is determined by a preponderance of the evidence that a Level III violation did not occur, the violation may be reduced to a Level II or a Level I, or the charges may be dismissed. The student, parents or guardians and Student Support Team will be notified. If it is determined by a preponderance of the evidence that a Level III violation did occur, the administrator will issue appropriate sanctions. In cases involving allegations of student-on-student sexual harassment or sexual violence, both the accuser and the accused student shall be afforded the same due process rights and the same opportunities to give testimony, respond to testimony, and present witnesses. All disciplinary hearings or appeals for Level III violations are closed meetings. If witness testimony or documents are presented, both parties have the right to be present during the presentation. Students charged with a Level III offense may, at their own expense, be represented by an attorney or a non-attorney advocate, who may fully participate in the hearing to the same extent the student would be allowed to participate. Attorneys and non-attorney advocates may not attend hearings involving alleged academic dishonesty, unless the charge of academic dishonesty is also the subject of pending criminal charges, in which case an attorney may attend the hearing, but in an advisory capacity only. If a student wishes to be represented by an attorney or a non-attorney advocate, he or she must comply with the requirements of the “Participation of Attorney or Non-Attorney Advocate” section of this Policy.
Responses to a Level III violation may include, but are not limited to, long-term restrictions of movement within the campus, loss of academic credit for invalidated assignments, additional work or community service, loss of leadership position, loss of privileges for off-campus or overnight travel, prohibition from participation in interscholastic athletics or representing the School in any official manner, extended probation leading to dismissal if the terms are violated, and dismissal, even on a first offense. School-imposed sanctions do not preclude criminal referral for the same violation.
Step 2: Appeals
If the student does not accept the sanctions, she/he may appeal the decision. This appeal must be made in writing to the Hearing Officer within two academic days of receiving the decision and state clearly any information pertinent to the appeal.
The basis for the appeal must be for one or more of the following:
- applicable hearing procedures were not followed;
- the evidence introduced did not support the finding;
- the violation(s) did not justify the sanctions. All sanctions resulting from the violation which is being appealed shall be stayed until the process is completed.
In cases involving allegations of student-on-student sexual harassment or sexual violence, both the accuser and the accused student shall have the right to request a review of the Hearing Officer’s decision.