Any online posting or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc., occurring completely outside of the colleges control (e.g., not on the colleges 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. The hearing cannot be held less than ten (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. Advisors Role in Meetings and Interviews. The Pool members receive annual training. When an appeal results in a new finding or sanction, that finding or sanction can be appealed one final time on the grounds listed above and in accordance with these procedures. From time to time, changes made to published college policies will affect students. Advisors are expected to advise their advisees without disrupting proceedings. Confidentiality and mandated reporting are addressed more specifically in the mandating reporting section. Definitions Equal Employment Opportunity Commissions, Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. Determination made by a health care provider (of the students choosing) that a certain course of action is in the patients best health interests. Other Actions: In addition to or in place of the above sanctions/responsive actions, the Collegemay assign any other responsive action as deemed appropriate. Related policies, procedures, references, forms or terms, Information Technology Services: 919-866-5100 or [emailprotected]. Procedural irregularity that affected the outcome of the matter; New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and. 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. Disability discrimination and accommodation policy. Pets may carry and spread parasites. 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. Southern Wake Campus The college promotes supports for working parents with the transition back to work and school following childbirth. Student A and B, who have never met before, are attracted to each other. Accepted Responsibility. Distribution of revenue and other benefits. Students: The College maintains a policy of amnesty for students who offer help to others in need. Assuming, of course that you have your receipt, and return the textbook in good condition, along with any components such as CDs, etc. The Chief of Campus Police (or designee) will attend each hearing to clarify operational questions that arise. The College will make a good faith effort to complete the resolution process within a sixty-to-ninety (60-90) 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. Typically, this policy is applied only to incidents that occurred after August 14, 2020. 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. With the exception of Western Wake Campus, all Wake Tech campuses are served by public transit. An instruction to preserve any evidence that is directly related to the allegations. Alternative Resolution is an informal approach (including mediation, restorative practices, facilitated dialog, etc.) The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. 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 colleges education program and activities or when they involve the use of the colleges networks, technology or equipment. Hearings (but not deliberations) are recorded by the College for purposes of review in the event of an appeal. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. In accordance with provisions of the federal Fair Labor Standards Act (FLSA), upon request, suitable space must be provided for lactation support. If a second offense occurs, the student will be placed on general probation and required to meet with the Student Conduct Officer. To assist Users, the following contains a non- exhaustive list of guidelines that Users will need to follow to remain compliant with this policy: Privacy and personal rights The right to have the College maintain such actions for as long as necessary and for supportive measures to remain confidential, provided confidentiality does not impair the Colleges ability to provide the supportive measures. Community Applicability Report to any supervisor and/or instructor. 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. Upon returning, Students B face is pale, resulting from potential vomiting. The parties may not record the proceedings and no other unauthorized recordings are permitted. It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. During the ten (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. Advisors to the parties, any called witnesses, the Title IX Coordinator and anyone providing authorized accommodations, interpretation, and/or assistive services. 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 hearing will facilitate questioning parties and witnesses will submit to questioning by the Decision-maker(s) and then by the parties through their Advisors. Students: Should a Respondent decide not to participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. Should have known is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment. If you intend to pursue professional licenses outside North Carolina once you have completed your academic program at Wake Tech, please refer to the Professional Licensure section of the college's distance education authorization page for additional information. Force, Coercion, Consent, and Incapacitation. The right to be informed of the names of all witnesses whose information will be used to make a finding, in advance of that finding, when relevant. 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 Colleges resolution process. Anyone appearing at the hearing to provide information will respond to questions on their own behalf. Title IX requirements outside of Section 106.30 (based on the original 1975 regulations, the 2001 Revised Guidance, etc.) Alternative Hearing Participation Options. 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. Information will be shared as necessary with Title IX Investigators, Hearing Panel members/Decision-makers, witnesses and the parties. All accommodations are made on an individualized basis. The College reserves the right to make changes to this document as necessary, and once those changes are posted online, they are in effect. Nuts, which are known allergens, are prohibited. The decision as to whether such request will be allowed or denied and any conditions attached thereto shall be within the Deans discretion. Any action that constitutes a criminal offense as defined by law. 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. 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. 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. Tuition and Fees | Wake Tech At least one official designated by Wake Technical Community College to ensure compliance with Title IX and the colleges Title IX program. The work is the product made as a result of employment with the college. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary. 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. File a complaint with or give verbal notice to the Title IX Coordinator (or deputy/deputies/OWAs as noted above). The State Board von Community Colleges establishes tuition annually. 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. Student Refunds & Credit Balances | Wake Tech The right to have College Policy and these procedures followed without material deviation. Deliberately false and/or malicious accusations under this policy, are a serious offense and will be subject to appropriate disciplinary action. The exercise of rights protected under the First Amendment does not constitute retaliation. No vehicle shall be driven in a careless or reckless manner or in a direction opposite to that indicated by appropriate signs or markings on roadways that are designated as one-way streets. 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. When appropriate, legal guidance will be requested. 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 right to an equitable investigation and resolution of all credible allegations of prohibited harassment or discrimination made in good faith to College officials. 9101 Fayetteville Road Southern Wake Campus First floor, Montague Hall 9101 Fayetteville Road Raleigh, NC 27603 919-866-5460 Monday - Jomaa: 8 a.m. - 5 p.m. ATIXA, RefID#E0129_TitleIX_8-HR & Benefits and RefID#C1405_9-Students. Proof of coverage must be presented at the time of registration by providing the policy or certification of insurance. The team will report findings from their assessments, including recommendations for appropriate interventions, to the college president or his designated representative. Student vehicles must be registered as part of the registration process. Locations, events or circumstances where the college exercises substantial control over both the Respondent and the context in which the sexual harassment, discrimination and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized the college. 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. No faculty, staff or student vehicle may be parked in spaces specifically reserved for certain persons or functions. Users who go three months without failing a phishing campaign any time after their first failure will reduce their total failure count by one. Laura Bethea 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. Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. The Chair will work with the parties to establish the format. The right to be present, including presence via remote technology, during all testimony given and evidence presented during any formal grievance hearing. This policy does not apply to off-campus groups and individuals. 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. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar and previous patterns that may be evidenced. 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. An ex-partner widely spreads false stories about their sex life with their former partner to the clear discomfort and frustration of the former partner, turning the former partner into a social pariah on campus. 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. for greater detail. Raleigh, NC 27603[emailprotected]919-866-5940, Paul Jenkins The privacy of employee records will be protected in accordance with Human Resources policies. The Chair may invite explanations or persuasive statements explore arguments regarding relevance with the Advisors, if the Chair so chooses. Student Refunds & Credit Balances | Wake Tech - Wake Tech Community Independence and conflict-of-interest Students seeking a period of modified academic responsibilities may consult with their academic advisor or with the Title IX Office to determine appropriate academic accommodations requests. is the Violence Against Women Act, enacted in 1994 codified in part at 42 U.S.C. Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a persons property. The College utilizes the professional guidance of the Association of Title IX Administrators (ATIXA) for its Informal Resolution (IR) process. The professor inquires about explicit details and demands that students answer them, though the students are clearly uncomfortable and hesitant. Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing). The Board Chair is a non-voting member of the board. 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. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or, The Respondent is no longer enrolled in or employed by the College; or.
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