Grievance Procedures for Sex-Based Harassment Complaints for Students and Employees

Grievance Procedures for Sex-Based Harassment Complaints for Students and Employees 

Policy Statement

Durham Technical Community College does not discriminate on the basis of sex and prohibits sex discrimination in any Education Program or Activity that it operates, as required by Title IX, including in admission and employment.

Title IX of the Education Amendments of 1972 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.” In accordance with Title IX, and consistent with Durham Tech’s commitment to upholding the highest standards of human respect and dignity, any form of sexual discrimination is taken seriously and will be investigated.

Procedure

I. Effective Date and Changes to Procedure Based on Court Rulings and Legal Challenges or Changes in Law or Regulation

This Grievance Procedure applies to incidents that occur on or after August 1, 2024. Any incidents reported under this Grievance Procedure that occurred on or before July 31, 2024 will be processed through the institution’s Sexual Misconduct Policy (4.7a).

Should any portion of the 2024 Title IX Final Rule (89 Fed. Reg. 33474 (Apr. 29, 2024)), be stayed or held invalid by a court of law, or if the 2024 Title IX Final Rule is withdrawn or modified to not require elements of this Grievance Procedure, the Grievance Procedures in their entirety, or the invalidated elements of this Procedure, they will be deemed revoked as of the publication date of the opinion or order from the Court and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by the date of the opinion or order publication by the Court. If this Procedure is revoked in this manner, any conduct covered under this Procedure shall be investigated and adjudicated under the previous 2020 Title IX Grievance Policy/Sexual Misconduct policy and procedure (for reports of Sexual Misconduct that reportedly occurred on or after August 14, 2020).. Durham Tech will update this Grievance Procedure as soon as practicable to reflect any court rulings or changes that invalidate parts of the Grievance Procedure, if applicable.

II. Scope of Procedure

Sex-Based Harassment is considered discrimination on the basis of sex if it includes harassment due to actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity.

III. Jurisdiction of Procedure

Durham Tech ’s Title IX Coordinator will determine if this Grievance Procedure applies to a Complaint. This Grievance Procedure will apply when the following elements are met, in the reasonable determination of the Title IX Coordinator:

• The conduct alleged occurred on or after August 1, 2024;
• The conduct alleged occurred in the United States;
• The conduct alleged occurred in Durham Tech’s Education Program or Activity; and 
• The conduct alleged, if true, would constitute Sex-Based Harassment as defined in this Grievance Procedure.

NOTE: Durham Tech has an obligation to address a sex-based Hostile Environment under its Education Program or Activity, even when some conduct alleged to be contributing to the Hostile Environment occurred outside Durham Tech’s Education Program or Activity, or outside of the United States. Durham Tech’s Title IX Coordinator will work with all Complaints to assess such Complaints that may fall under these criteria, and direct to appropriate College Policies and Procedures that may apply if this Grievance Procedure does not. Durham Tech will communicate all such decisions in writing to the complainant. Any such dismissals shall be subject to appropriate appeal rights under this Grievance Procedure as outlined in the Dismissals section.

Conduct that occurs under Durham Tech’s Education Program or Activity includes but is not limited to conduct that occurs in a building owned or controlled by a student organization that is officially recognized by Durham Tech, and conduct that is subject to Durham Tech’s disciplinary authority under Durham Tech’s Student Code of Conduct.

If all elements of jurisdiction are met, Durham Tech will investigate the allegations according to this Grievance Procedure as appropriate, unless informal resolution is pursued or unless there are grounds for dismissal of the Complaint.

IV. Non-Discrimination in Application

The requirements and protections of this Grievance Procedure apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by applicable federal, state or local law. All requirements and protections are equitably provided to individuals regardless of such protected status(es) or status as a complainant, respondent, or Witness. Individuals who wish to file a Complaint about the institution’s policy or process may contact the U.S. Department of Education’s Office for Civil Rights using contact information available at https://ocrcas.ed.gov/contact-ocr.

V. Disability Accommodations

Generally

This Grievance Procedure does not alter any institutional obligations under applicable federal state, and/or local disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, among others. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Procedure that do not fundamentally alter the Procedure. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

Requests for Reasonable Accommodations During the Title IX Grievance Procedure

If the complainant or respondent discloses a disability, the Title IX Coordinator or designee may consult, as appropriate, with the Accessibility Services Office to provide support to students with disabilities to determine how to comply with applicable law including, without limitation, Section 504 of the Rehabilitation Act of 1973 in the implementation of any Supportive Measures, or any other reasonable accommodations requested during the Grievance Procedure.

VI. Basic Requirements of the Grievance Procedure

Durham Tech is required to:

• Treat complainants and respondents equitably;
• Ensure that any person designated by Durham Tech as a Title IX Coordinator, investigator, or decisionmaker does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
• Establish reasonably prompt timeframes for the major stages of this Grievance Procedure, including a process that allows for the reasonable extension of timeframes on a case-by-case basis for good cause with notice to the Parties that includes the reason for the delay;
• Ensure that reasonable steps to protect the privacy of the Parties and witnesses during the pendency of the Grievance Procedure are taken, provided that the steps do not restrict the abilities of the Parties to obtain and present evidence, including by speaking to witnesses (as long as such does not result in retaliation), consult with their family members, confidential resources, or advisors, or otherwise prepare for or participate in this Grievance Procedure;
• Ensure an objective evaluation of all evidence that is relevant and not otherwise impermissible under this procedure, including both inculpatory and exculpatory evidence, and provide that credibility determinations must not be based on a person’s status as a complainant, respondent or Witness;
• Exclude impermissible evidence from consideration as defined in the Grievance Procedure; and
• Clearly articulate principles for how Durham Tech will determine which policies and procedures apply if not all such Complaints are handled under this institutional Grievance Procedure.
• he decisionmaker may be the same person as the Title IX Coordinator or investigator as allowed by the 2024 Title IX Regulations; no inference of bias or conflict of interest can be drawn solely because the decisionmaker is the same person as the Title IX Coordinator or investigator in a case.

VII. Reporting Sex-Based Harassment to the Institution

Non-Confidential Reports

Any person may report sex discrimination, including Sex-Based Harassment (whether or not the person reporting is the person alleged to be the victim of the conduct that may constitute sex discrimination or Sex-Based Harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Contact Information for the Title IX Coordinator at Durham Tech:

Name: Victoria Deaton
Title: Title IX Coordinator/Compliance Officer
Office Address:1637 E. Lawson Street, Durham, NC 27703
Email Address: deatonv@durhamtech.edu
Telephone Number: (919) 536-7200 ext. 6013

Online reporting is available 24/7 on this page.

Confidential Reports

The following officials at Durham Tech will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited by Title IX:

• Title IX Coordinator or designee(s);
• Officials with Authority to institute corrective measures under Title IX;
• all other employees at Durham Tech who are not designated as confidential resources

The following officials at Durham Tech may provide confidentiality:

• Courtney D. Higgins, M.Ed.; Coordinator of Counseling, Accessibility, and 504 Services
• Karen Mosley-Lyon, M.Ed.; Assistant Director, Student Engagement

VIII. Supportive and Interim Measures

Providing Supportive Measures

Complainants who report allegations of Sex-Based Harassment have the right to receive Supportive Measures from Durham Tech regardless of whether they file a Complaint. Supportive Measures are non-disciplinary and non-punitive. Supportive Measures may vary depending upon what is reasonably available at Durham Tech.

As appropriate, Supportive Measures may include without limitation:

• Counseling services
• Extensions of deadlines or other course-related adjustments
• Modifications of work or class schedules
• Campus escort services, as available
• Restrictions on contact applied to one or more Parties (no contact orders)
• Changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative
• Leaves of absence
• Increased security and monitoring of certain areas of the campus
• Training and education programs related to Sex-Based Harassment

Supportive Measures must not unreasonably burden either party and must be designed to protect the safety of the Parties or Durham Tech’s educational environment, or to provide support during Durham Tech’s Sex-Based Harassment grievance procedure under this policy or during informal resolution under this procedure.

Durham Tech may modify or terminate Supportive Measures at the conclusion of the grievance procedure  or at the conclusion of the informal resolution process, or may continue them beyond that point within Durham Tech’s discretion.

Durham Tech will not disclose information about any Supportive Measures to persons other than the person to whom they apply, including informing one party of Supportive Measures provided to another party, unless necessary to provide the supportive measure or restore or preserve a party’s access to Durham Tech’s education program or activity, or there is an exception that applies, such as:

• Durham Tech has obtained prior written consent from a person with the legal right to consent to the disclosure;
• When the information is disclosed to an appropriate third party with the legal right to receive disclosures on behalf of the person whose personally identifiable information is at issue;
• To carry out the purpose of the policy when it is necessary to address conduct that reasonably may constitute Sex-Based Harassment under Title IX in Durham Tech’s education program or activity;
• As required by Federal law, federal regulations, or the terms and conditions of a federal award; or
• To the extent such disclosures are not otherwise in conflict with Title IX, when required by State or local law or when permitted under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, or its implementing regulations, 34 CFR Part 99).  

Process for Review of Supportive Measures

Durham Tech provides for a complainant or respondent to seek modification or reversal of Durham Tech’s decision to provide, deny, modify or terminate a Supportive Measure. Grounds for challenge of Supportive Measures include, but are not limited to:
•    Whether a Supportive Measure is reasonably burdensome;
•    Whether a Supportive Measure is reasonably available;
•    Whether a Supportive Measure is being imposed for punitive or disciplinary reasons;
•    Whether the Supportive Measure is being imposed without fee or charge; and
•    Whether the Supportive Measure is effective in meeting the purposes for which it is intended, including to restore or preserve access to the Education Program or Activity, provide safety, or provide support during the Grievance Procedure.

Request for a modification or reversal of a supportive measure must be timely and should be submitted within 3 number of business/school/calendar days. Durham Tech will conduct a fact specific inquiry into timeliness.

This review will be conducted by an impartial employee of Durham Tech, who did not make the challenged decision on the original supportive measure request. The impartial employee of Durham Tech who makes this determination will have the authority to modify or reverse the decision if that impartial employee determines that the decision to provide, deny, modify or terminate the supportive measure was inconsistent with the procedures as outlined above for providing Supportive Measures in accordance with the Title IX regulations.

Parties are only allowed to challenge their own individual Supportive Measures. Challenges by one party will not be heard to Supportive Measures afforded to the opposite party, unless that supportive measure directly impacts the party making such challenge (i.e., two-way no contact orders).

Emergency Removal

Durham Tech retains the authority to remove a respondent from all or part of Durham Tech’s education program or activity on an emergency basis, where Durham Tech (1) undertakes an individualized safety and risk analysis, and (2) determines that an imminent and serious threat to the health or safety of a complainant or any students, employees, or other persons arising from the allegations of Sex-Based Harassment justifies removal.

If Durham Tech determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal. The individual who hears the challenge to the removal determination shall not be an individual involved in any decision regarding responsibility or appeal of that decision regarding responsibility.
Emergency removals will not be considered relevant evidence that can be considered in reaching a determination of whether Sex-Based Harassment occurred.

Administrative Leave

Durham Tech retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Procedure, consistent with college policy, procedures, and the Employee Handbook.

Note on student employees: when a complainant or respondent is both a student and an employee of Durham Tech, Durham Tech must make a fact-specific inquiry to determine whether these procedures apply to that student employee. Durham Tech will consider if the complainant or respondent’s primary relationship with Durham Tech is to receive an education and whether the alleged Sex-Based Harassment occurred while the party was performing employment-related work.

IX. The Title IX Grievance Procedure for Allegations of Sex-Based Harassment

A. Filing a Complaint

Who can make a Complaint?

• A complainant (as defined in this policy); or
• The Title IX Coordinator.

Note on Title IX Coordinator-initiated Complaints: In the absence of a Complaint or the withdrawal of any or all of the allegations in a Complaint, and in the absence or termination of an informal resolution process, the Title IX Coordinator must determine whether to initiate a Complaint of Sex-Based Harassment. This determination is fact-specific, and the Title IX Coordinator must consider:

• The complainant’s request not to proceed with the initiation of a Complaint;
• The complainant’s reasonable safety concerns regarding initiation of a Complaint;
• The risk that additional acts of Sex-Based Harassment would occur if a Complaint is not initiated;
• The severity of the alleged Sex-Based Harassment, including whether the Sex-Based Harassment, if established, would require the removal of a respondent from campus or imposition of another disciplinary sanction to end the Sex-Based Harassment and prevent its recurrence;
• The age and relationship of the Parties, including whether the respondent is an employee of the recipient;
• The scope of the alleged Sex-Based Harassment, including information suggesting a pattern, ongoing Sex-Based Harassment, or Sex-Based Harassment alleged to have impacted multiple individuals;
• The availability of evidence to assist a decisionmaker in determining whether Sex-Based Harassment occurred; and
• Whether Durham Tech could end the alleged Sex-Based Harassment and prevent its recurrence without initiating these grievance procedures.

If after considering these and other relevant factors, the Title IX Coordinator determines that the conduct as alleged presents an imminent and serious threat to the health or safety of the complainant or other person, or that the conduct as alleged prevents Durham Tech from ensuring equal access on the basis of sex to its education program or activity, the Title IX Coordinator may initiate a Complaint.

If the Title IX Coordinator does initiate the Complaint after making this determination, the Title IX Coordinator must notify the complainant prior to doing so and appropriately address reasonable concerns about the complainant’s safety or the safety of others, including by providing Supportive Measures as listed in Section VI of these procedures.

Is there a particular format that the Complaint needs to be in?

As defined in Section VII of these procedures, a Complaint can be an oral or written request to Durham Tech that objectively can be understood as a request for Durham Tech to investigate and make a determination about alleged Sex-Based Harassment at the institution.

Who can I report a Complaint to?

Any reports of Sex-Based Harassment may be made directly to the Title IX Coordinator, whose contact information is listed at the beginning of this Grievance Procedure. There are other ways in which a party may report a Complaint.

Durham Tech requires that any employee who is not a Confidential Employee and who either has authority to institute corrective measures on behalf of Durham Tech or has responsibility for administrative leadership, teaching, or advising in Durham Tech’s education program or activity must notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination, including Sex-Based Harassment.

All other employees at Durham Tech who are not Confidential Employees and are not employees as identified above are required to notify the Title IX Coordinator when the employee has information about conduct that reasonably may constitute sex discrimination, including Sex-Based Harassment.

NOTE: If an employee has personally been subject to conduct that reasonably may constitute sex discrimination under Title IX or any institutional policy or this Grievance Procedure, these requirements do not apply to an employee reporting a personal Complaint.

What is the timeframe for Durham Tech to evaluate if the Title IX Coordinator is initiating an investigation under this Grievance Procedure?

The Title IX Coordinator must evaluate whether the Complaint falls under this Grievance Procedure 5 business days after the Complaint is made, and must issue the Notice of Allegations as soon as practicable after the Complaint is evaluated. If there are any delays or extensions, the Title IX Coordinator must appropriately notice the Parties in writing, on a case-by-case basis, with good cause and the rationale for the extension or delay.

Can I make a Complaint and request initiation of the Grievance Procedure even if I have made a complaint to law enforcement?

Yes. Durham Tech has an obligation to appropriately evaluate all Complaints, regardless of whether there is a concurrent Complaint before law enforcement. This process is an administrative process that is different from the criminal justice process.

B. Multi-Party Situations and Consolidation of Complaints

Durham Tech may consolidate Complaints alleging Sex-Based Harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of Sex-Based Harassment arise out of the same facts or circumstances.

Durham Tech can consider factors when making this fact-specific determination, which include, but are not limited to:

• The facts and circumstances of the particular Complaints when deciding whether to consolidate, including the toll of separate proceedings on the Parties; and
• Any risks to the fairness of the investigation or outcome.

C. Dismissal of a Complaint

Grounds for Dismissal

Durham Tech may dismiss a Complaint of Sex-Based Harassment for any of the following reasons:

• Durham Tech is unable to identify the respondent after taking reasonable steps to do so;
• The respondent is not participating in Durham Tech ’s education program or activity and is not employed by Durham Tech;
• The complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator declines to initiate a Complaint through this Grievance Procedure, and Durham Tech determines that, without the complainant’s withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex-Based Harassment under Title IX or this Grievance Procedure even if proven; or
• Durham Tech determines that the conduct alleged in the Complaint, even if proven, would not constitute Sex-Based Harassment under Title IX or these procedures. Note: Durham Tech must make reasonable efforts to clarify the allegations with the complainant before dismissing under this basis.

Notice of Dismissal

If Durham Tech dismisses a Complaint, Durham Tech is required to promptly notify the complainant of the basis for dismissal.

If the dismissal of the Complaint occurs before a Notice of Allegations is issued to the respondent, the Title IX Coordinator does not need to notify the respondent at that time. However, if the complainant appeals the dismissal, the respondent will need to be notified of the Complaint allegations and given an opportunity to respond to the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then Durham Tech must notify the respondent and complainant of the dismissal and the basis for the dismissal simultaneously in writing.

Appeal rights must also be outlined in any notification of dismissal of a Complaint, as included below under Appeal of Dismissals.

Appeals of Dismissals

Durham Tech must notify the complainant that a dismissal may be appealed and provide the complainant with an opportunity appeal the dismissal of a Complaint on the following grounds:

• Procedural irregularity: procedural irregularity that affected the outcome of the matter (i.e., a failure to follow Durham Tech’s own policy to a degree that had material effect on the outcome of the matter);
• New evidence: New evidence that would change the outcome and that was not reasonably available when the determination whether Sex-Based Harassment occurred or dismissal of the Complaint was made; and
• Bias or Conflict of Interest: The Title IX Coordinator, investigator(s), or decisionmaker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome of the matter.

If the dismissal occurs after the respondent has been notified of the allegations, then Durham Tech must also notify the respondent that the dismissal may be appealed on the grounds set out above.

The submission of appeal stays (or pauses) any sanctions for the pendency of an appeal.

Supportive Measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all Parties and shall not be extended for any party solely because the other party filed an appeal.

Appeals may be no longer than 2000 characters or 8 pages (including attachments). Appeals should be submitted in electronic form using ARIAL or TIMES NEW ROMAN, 12-point font, and single-spaced. Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.

Appeals will be decided by an appeals committee, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter. Outcome of appeal will be provided in writing simultaneously to both Parties, and include rationale for the decision.

D. Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied to investigation and adjudication of only the allegations that constitute covered sexual harassment.

E. Notice of Allegations

Upon initiating Durham Tech’s Grievance Procedure, the Title IX Coordinator shall provide a Notice of Allegations in writing to the Parties whose identities are known. Such notice will occur as soon as practicable after Durham Tech receives a Complaint, if there are no extenuating circumstances. Durham Tech will provide the Notice of Allegations within 10 working days after receiving a Complaint.

What does the Notice of Allegations Include?

The written Notice of Allegations must include:

• Durham Tech ’s Grievance Procedure and Durham Tech’s Informal Resolution process;
• Sufficient information available at the time of the issuance of the Notice of Allegations to allow the Parties to respond to the allegations, which includes the identities of the Parties involved in the incident(s), the conduct alleged to constitute Sex-Based Harassment under the Grievance Procedure, and the date(s) and location(s) of the alleged incident(s), to the extent that information is available to Durham Tech;
• A statement that the Parties are entitled to an accurate description of the Relevant and not otherwise impermissible evidence, with an equal opportunity for the Parties to access the underlying Relevant and not otherwise impermissible evidence upon request of any Party;
• A statement that the Respondent is presumed not responsible for the alleged Sex-Based Harassment until a determination is made at the conclusion of Durham Tech ’s Grievance Procedure and that prior to the determination, the Parties will have an opportunity to present Relevant and not otherwise impermissible evidence to a trained, impartial decisionmaker;
• Parties may have an advisor of their choice, and that the advisor may be, but is not required to be, an attorney;
• Durham Tech ’s code of conduct prohibits knowingly making false statements or knowingly submitting false information during Durham Tech’s Grievance Procedure; and
• If, in the course of an investigation, Durham Tech decides to investigate additional allegations of Sex-Based Harassment by the Respondent toward the Complainant that are not included in the original written Notice of Allegations provided, Durham Tech is required to provide written notice of any additional allegations to the Parties whose identities are known.

What if Durham Tech decides to investigate additional allegations of Sex-Based Harassment?

If, in the course of an investigation, Durham Tech decides to investigate additional allegations of Sex-Based Harassment by the respondent toward the complainant that are not included in the original issued written Notice of Allegations, or that are included in a Complaint that is consolidated under this Grievance Procedure, Durham Tech shall provide notice of the additional allegations to the Parties whose identities are known.

What if I have safety concerns about a Notice of Allegations being issued to a respondent?

To the extent that Durham Tech has reasonable concerns for the safety of any person as a result of providing a written Notice of Allegations, Durham Tech  through the Title IX Coordinator, may reasonably delay providing the written Notice of Allegations in order to address the safety concern appropriately. Reasonable concerns must be based on individualized safety and risk analysis and not on mere speculation or stereotypes.

F. Advisor of Choice and Participation of Advisor of Choice

A party’s advisor of choice may accompany the party to any meeting or proceeding, and that Durham Tech cannot limit the choice of who that advisor may be or their presence for the Parties in any meeting or proceeding unless such advisor does not follow Durham Tech ’s established rules of decorum and rules around participation (See Addendum A).

G. Investigation

General Rules of Investigations

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation of the conduct alleged to constitute Sex-Based Harassment in a reasonably prompt timeframe, after issuing the Notice of Allegations.

Durham Tech, and not the Parties, have the burden to conduct an investigation that gathers sufficient evidence to determine whether Sex-Based Harassment occurred under this Grievance Procedure. This burden does not rest with either party, and either party may decide not to share their account of what occurred, or may decide not to participate in the investigation or hearing. This does not shift the burden of proof away from Durham Tech and does not indicate responsibility.

Durham Tech cannot access, consider, or disclose medical records without a waiver from the Party (or parent, if applicable) to whom the records belong, or of whom the records include information. Durham Tech will provide an equal opportunity for the Parties to present witnesses, including fact and expert witnesses, and other inculpatory or exculpatory evidence, as described below.

Notice of Participation

Durham Tech will provide written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate, if a party is invited or expected to participate in any such meeting or proceeding.

Advisors of Choice and Participation of Advisors of Choice

Durham Tech will provide the Parties with the same opportunities to be accompanied to any meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of the advisor for the complainant or respondent in any meeting or proceeding.

Access to and Review of the Investigative Report

The Title IX Coordinator and/or investigator designated by the Title IX Coordinator will provide each party and their advisors of choice with an equal opportunity to access and review an accurate description of the relevant evidence collected throughout the investigation that is not otherwise impermissible in the form of an investigative report.

The Parties and their advisors of choice will also have an equal opportunity to access and review the underlying relevant and not otherwise impermissible evidence summarized in the investigative report upon the request of any party.

The Title IX Coordinator and/or investigator designated by the Title IX Coordinator will provide each party and their advisors of choice with a reasonable opportunity to respond to the investigative report. Both Parties will have the opportunity to respond to the investigative report prior to and during the live hearing.

Durham Tech will take reasonable steps to prevent and address the Parties’ and their advisors of choice’s unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure. Participating individuals who engage in the unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure may be subject to the Durham Tech Student Code of Conduct and other College policies and/or procedures that may apply.

Note: Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the Complaint of Sex-Based Harassment are authorized and not considered unauthorized disclosures potentially subject to other disciplinary action.

Review and Access to Relevant and Not Otherwise Impermissible Evidence

Each party will have an equal opportunity to present fact witnesses and other inculpatory and exculpatory evidence that are relevant and not otherwise impermissible, to the  Title IX Coordinator and an investigator designated by the Title IX Coordinator]. The Title IX Coordinator and investigator designated by the Title IX Coordinator] will review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of relevance, consistent with this Grievance Procedure.  

Each party and their advisors of choice will have an equal opportunity to review and access the evidence that is relevant to the allegations of Sex-Based Harassment and not otherwise impermissible regardless of relevance prior to the conclusion of the investigation. The  Title IX Coordinator or investigator designated by the Title IX Coordinator will provide each party with a reasonable opportunity to respond to the evidence. Both Parties will have the opportunity to respond to the evidence prior to and during the live hearing.

Durham Tech will take reasonable steps to prevent and address the Parties’ unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure. Participating individuals who engage in the unauthorized disclosure of information and evidence obtained solely through this Grievance Procedure may be subject to the Durham Tech Student Code of Conduct and other College policies and/or procedures that may apply.

Note: Disclosures of information and evidence for purposes of administrative proceedings or litigation related to the Complaint of Sex-Based Harassment are authorized and not considered unauthorized disclosures potentially subject to other disciplinary action.

Relevant Evidence

Evidence is relevant when it is related to the allegations of Sex-Based Harassment under investigation as part of this Grievance Procedure.

Questions are relevant when they seek evidence that may aid in showing whether the alleged Sex-Based Harassment occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged Sex-Based Harassment occurred.

Impermissible Evidence

The following types of evidence, and questions seeking that evidence, are excluded as impermissible (i.e., must not be accessed or considered, except by Durham Tech to determine whether an exception applies, must not be disclosed, and must not otherwise be used) regardless of whether they are relevant:

• Evidence that is protected under a privileged as recognized by Federal or State law or evidence provided to a Confidential Employee, unless the person to whom the privilege or confidentiality is owed has voluntarily waived the privilege or confidentiality;
• A party’s or witness’s records that are made or maintained by a physician, psychologist, or other recognized professional or paraprofessional in connection with the provision of treatment to the party or witness, unless Durham Tech obtains that party’s or witness’s voluntary, written consent for use in Durham Tech’s Grievance Procedure; and
• Evidence that relates to the complainant’s sexual interests or prior sexual conduct, unless evidence about the complainant’s prior sexual conduct is offered to prove that someone other than the respondent committed the alleged conduct or is evidence about specific incidents of the complainant’s prior sexual conduct with the respondent that is offered to prove consent to the alleged Sex-Based Harassment. Note: the fact of prior consensual sexual conduct between the Complainant and Respondent does not by itself demonstrate or imply the Complainant’s consent to the alleged Sex-Based Harassment or preclude determination that Sex-Based Harassment occurred.

Timeframes

An investigation shall take X school/calendar/business days to complete. If there are any delays or extensions, the Title IX Coordinator must appropriately notify the Parties in writing, as detailed below.

Extensions and Delays

Durham Tech allows for the reasonable extension of timeframes on a case-by-case basis for good cause with written notice to the Parties that includes the reason for the extension or delay.

H. Single Investigator Model

Durham Tech does not provide for a live hearing under this Grievance Procedure. However, Title IX requires that there be live questioning to assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of Sex-Based Harassment.

The investigator/decisionmaker will question Parties and witnesses to adequately assess a party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations of Sex-Based Harassment. This will occur during individual meetings with a party or witness.

Each party shall have the opportunity to propose questions that the party wants asked of any party or witness and have those questions asked by the investigator/decisionmaker during one or more individual meetings, including follow-up meetings, with a party or witness, subject to the appropriate procedures outlined below regarding the decisionmaker’s advance evaluation of all questions. Each party will be provided with an audio or audiovisual recording or transcript with enough time for the party to have a reasonable opportunity to propose follow-up questions.

I. Determination Regarding Responsibility

Standard of Proof

Durham Tech uses the preponderance of the evidence standard of proof to determine whether or not Sex-Based Harassment occurred. This means that the investigation and hearing determine whether it is more likely than not that a violation of the Grievance Procedure occurred.

General Considerations for Evaluating Evidence and Testimony

The decisionmaker is required to evaluate relevant and not otherwise impermissible evidence for its persuasiveness. If the decisionmaker is not persuaded under the applicable standard by the evidence that Sex-Based Harassment occurred, whatever the quantity of the evidence is, the decisionmaker must not determine that Sex-Based Harassment occurred.

Determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the decisionmaker. Decisionmakers shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. However, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.

Decision makers will afford the highest weight relative to other testimony to first-hand testimony by Parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.
A witness’ testimony regarding third-party knowledge of the facts at issue will be allowed, but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

Communication of the Determination in Writing

All determinations on whether Sex-Based Harassment occurred will be communicated to the Parties in writing, simultaneously.

The written determination will include:

• A description of the alleged Sex-Based Harassment;
• Information about the policies and procedures that Durham Tech used to evaluate the allegations;
• The decisionmaker’s evaluation of the relevant evidence and determination on whether Sex-Based Harassment occurred;
• Any Disciplinary Sanctions Durham Tech will impose on the respondent, whether remedies other than the imposition of Disciplinary Sanctions will be provided by Durham Tech to the complainant, and, to the extent appropriate, other students identified by Durham Tech to be experiencing the effects of Sex-Based Harassment, if there is a finding that Sex-Based Harassment occurred; and
• Durham Tech’s procedures for complainant and respondent to appeal.

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by Durham Tech within 5 business days of the completion of the hearing.

Finality of Determination

The determination regarding responsibility becomes final either on the date that Durham Tech provides the Parties with the written determination of the result of any appeal, or, if no party appeals, the date on which an appeal would no longer be considered timely.

J. Appeals

Each party may appeal a determination regarding responsibility. To appeal, a party must submit their written appeal within 3 business days of being notified of the decision, indicating the grounds for appeal.

For appeals resulting from dismissal of a Complaint, please see the section on Dismissal of Complaints.

Grounds for Appeal

The limited grounds for appeal available are as follows:

• Procedural irregularity that would change the outcome;
• New evidence that would change the outcome and that was not reasonably available when the determination whether Sex-Based Harassment occurred or dismissal was made; and
• The Title IX Coordinator, investigator, or decisionmaker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.

Additional Procedures for Appeal Process

Durham Tech will notify the Parties of any appeal, provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the outcome, and will notify the Parties of the result of the appeal and the rationale for the result.

The submission of an appeal stays (or pauses) any sanctions for the period during which an appeal determination is being assessed. Supportive Measures and remote learning opportunities made available during the determination phase remain available while an appeal is being deliberated and before a final decision has been made.

If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all Parties and shall not be extended for any party solely because the other party filed an appeal.

Appeals may be no longer than 2000 characters or 8 pages, (including attachments). Appeals should be submitted in electronic form using Arial or Times New Roman, 12-point font, and single-spaced.  Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.  

Appeals will be decided by an appeals committee that will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter.

The outcome of the appeal will be provided in writing simultaneously to both Parties and include rationale for the decision. The determination of the Appeal Decision-making Body is final.

K. Informal Resolution

Procedures for Entering and Exiting Informal Resolution Process

At any time prior to determining whether Sex-Based Harassment occurred under this Grievance Procedure, including prior to making a Complaint, Parties may instead seek Durham Tech’s assistance to resolve allegations of Sex-Based Harassment and may elect to enter the informal resolution process.

The Parties may voluntarily elect to enter Durham Tech’s informal resolution process at any time through an informed written consent. This informed written consent will include all terms of the elected informal process, including a statement that any agreement reached through the process is binding on the Parties.

No party may be required to participate in informal resolution, and Durham Tech may never condition enrollment, employment, or enjoyment of any other right or privilege upon agreeing to informal resolution.

The Parties may elect to leave the informal resolution process at any point until the informal resolution process is concluded. If a party elects to leave the informal resolution process, the Grievance Procedure that the Parties paused will continue. In participating in the informal resolution process, the Parties understand that the timeframes governing the Grievance Procedure will temporarily cease, and only reinstate upon reentry into the Grievance Procedure.

Supportive Measures will be available, or continue to be available if already provided, during an informal resolution process, if elected to proceed. The Title IX Coordinator will also, to the extent necessary, take other appropriate prompt and effective steps to ensure that Sex-Based Harassment does not continue or recur within Durham Tech’s Education Program or Activity.

Notice Prior to Entry Into Informal Resolution Process

Before the initiation of an informal resolution process, the Title IX Coordinator must provide to the Parties a written notice that explains:

• The allegations;
• The requirements of the informal resolution process;
• That, prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and to initiate or resume Durham Tech’s Grievance Procedure;
• That the Parties’ agreement to a resolution at the conclusion of the informal resolution process would preclude the Parties from initiating or resuming Durham Tech’s Grievance Procedure arising from the same allegations;
• The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
• What information Durham Tech will maintain and whether and how Durham Tech could disclose such information for use in its Grievance Procedure if they are initiated or resumed.

Determination to Approve Entry into Informal Resolution Process

Even where the Parties agree to submit a matter to informal resolution, the Title IX Coordinator or other designated official may approve the decision to move the matter to the informal resolution process and may determine that informal resolution is not appropriate under the circumstances.

Factors that the Title IX Coordinator or other designated official may weigh in considering the appropriateness of the informal resolution process include, but are not limited to, the gravity of the allegations, whether there is an ongoing threat of harm or safety to the campus, whether the Respondent is a repeat offender, whether the alleged conduct would present a future risk of harm to others, and whether the Parties are participating in good faith. This determination is not subject to appeal.

Informal resolution processes may never be applied where the allegations include Sexual Assault: Penetration or the equivalent.

Informal resolution may be available to address allegations of student-on-student and is not allowed to address allegations of employee-on-Student Sex-Based Harassment.

At any time after the commencement of the informal resolution process, the Title IX Coordinator or other designated official may determine that the informal resolution process is not an appropriate method for resolving the matter, and may require that the matter be resolved through the Grievance Procedures. This determination is not subject to appeal.

If informal resolution is approved or denied, Durham Tech will provide the outcome in writing simultaneously to the Parties. If informal resolution is approved, the Title IX Coordinator shall also provide the information of the facilitator in writing to the Parties in a reasonable timeframe once the facilitator is assigned.

Role of the Facilitator

Informal resolution processes are managed by trained facilitators. All facilitators must not be the same person as the investigator or the/a decisionmaker(s) in Durham Tech’s Grievance Procedure. Any person designated to facilitate informal resolution must not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The Title IX Coordinator may serve as the facilitator, subject to these restrictions.

All facilitators must have specialized training, required by law and regulation. Such training includes:

• Durham Tech’s obligation to address sex discrimination, including Sex-Based Harassment, in its Education Program or Activity;
• The scope of conduct that constitutes sex discrimination, including Sex-Based Harassment, under Title IX, including the definition of Sex-Based Harassment;
• All applicable notification and information requirements related to parental, family, or marital status, including pregnancy and related conditions, and Durham Tech’s response to sex discrimination;
• The rules and practices associated with Durham Tech’s informal resolution process; and
• How to serve impartially, including by avoiding conflicts of interest and bias.

Contents of Informal Resolution Agreements

Potential terms that may be included in an informal resolution agreement between the Parties include but are not limited to:

• Restrictions on contact; and
• Restrictions on the respondent’s participation in one or more of Durham Tech ’s education programs or activities or attendance at specific events, including restrictions Durham Tech  could have imposed as remedies or Disciplinary Sanctions had Durham Tech  determined at the conclusion of the Grievance Procedure that Sex-Based Harassment occurred.

Breach of Informal Resolution Agreements

If a Party breaches the resolution or if Durham Tech has other compelling reasons, such as if it learns of any fraud by a Party in entering into the agreement, Durham Tech may void the agreement and initiate or resume the Grievance Procedure.

Confidentiality  

In entering the informal resolution process, the Parties agree that any testimony and evidence (including admissions of responsibility) they share or receive during the informal resolution process concerning the allegations of the Complaint are confidential while the Parties participate in the informal resolution process. No evidence concerning the allegations obtained within the informal resolution process may be disseminated to any person, provided that any party to the informal resolution process may generally discuss the allegations under investigation with a parent, friend, advisor, or other source of emotional support, or with an advocacy organization. Should the Parties withdraw from the informal resolution process, information disclosed or obtained for purposes of the informal resolution process may be incorporated into the Grievance Procedure, provided that this information is disclosed and reviewed by the Parties under Durham Tech ’s Grievance Procedure.

Informal Resolution Options

Durham Tech offers the following informal resolution procedures for addressing Complaints of Sex-Based Harassment described under this Grievance Procedure:

Administrative Resolution

Should the Parties mutually determine to enter the informal resolution process, and the Respondent elects to accept responsibility for the allegations of the Complaint at any point during the informal resolution process, the institution may administratively resolve the Complaint.

Where the Respondent admits responsibility, the Parties will receive simultaneous written notification of the acceptance of responsibility, and a decision-maker will convene to determine the Respondent’s sanction and other remedies, as appropriate and consistent with institutional policy. The Parties will be given an opportunity to be heard at the sanctions hearing, including without limitation, the submission of impact statements, and the Parties may be accompanied by their Advisor, but questioning of Parties or witnesses will not be permitted. The Parties will receive simultaneous written notification of the decision regarding sanctions and remedies, which may be appealed according to the process described in Section J.

Mediation

The purpose of mediation is for the Parties who are in conflict to identify the implications of a Student’s actions and, with the assistance of a trained facilitator, identify points of agreement and appropriate remedies to address them. Either party can request mediation to seek resolution; mediation will be used only with the consent of both Parties, who will be asked not to contact one another during the process. The Title IX Coordinator will also review any request for mediation, and may decline to mediate based on the facts and circumstances of the particular case. Either party has the right to terminate the mediation process and choose or resume another option for resolution at any time.

The mediation process will typically commence within 10 days after the Title IX Coordinator or their designee receives Consent to mediate from both Parties, and has made its determination to allow informal resolution to go forward.  Mediation will continue until concluded or terminated by either party, the facilitator, or the Title IX Coordinator or their designee. During mediation, any potential investigation will halt, and calculations for time frames will be stayed. If the mediation results in a resolution, the disciplinary process will be concluded, and the matter will be closed. If a resolution cannot be reached, the matter will be referred to the Dean of Student Services to re-evaluate other options for resolution, including investigation or proceeding forward with the Grievance Procedure.

During mediation, a facilitator will guide a discussion between the Parties.  In circumstances where the Parties do not wish to meet face to face, either party can request “caucus” mediation, and the facilitator will conduct separate meetings. Whether or not the Parties agree to meet face to face, each party will be permitted to bring an advisor of their choice to any meetings who may be, but is not required to be, an attorney.

At the conclusion of the mediation, the facilitator will memorialize the agreement that was reached between the Parties. The Title IX Office will monitor adherence to the proposed solution and close the matter when compliance is satisfactory.

X. Retaliation

When Durham Tech has information about conduct that reasonably may constitute retaliation under Title IX or its Grievance Procedure, Durham Tech is obligated to initiate its Grievance Procedure or, as appropriate, Durham Tech’s informal resolution process.

Durham Tech  will keep the identity of any individual who has made a report or Complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Complaint of Sex-Based Harassment or sex discrimination under Durham Tech ’s Title IX Grievance Procedure, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under Durham Tech ’s Title IX Grievance Procedure.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

No person may intimidate, threaten, coerce, or discriminate against any individual 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 Durham Tech ’s Grievance Procedure.

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for Code of Conduct violations that do not involve sex discrimination or Sex-Based Harassment, but that arise from the same facts or circumstances as a report or Complaint of sex discrimination or a report or Complaint of Sex-Based Harassment.

Complaints alleging retaliation may be filed according to the Grievance Procedures for Sex-Based Harassment Complaints for Students and Employees (Under § 106.46 of the 2024 Title IX Final Rule)

Sanctions

Students:
In general, possible sanctions for students at Durham Tech include the following and escalate in severity based upon the charge.

• Reprimand
• General Probation
• Restrictive Probation 
• Loss of Technology Privileges
• Interim Suspension 
• Suspension
• Expulsion

A final determination of a Title IX process regarding rape, acquaintance rape, Domestic Violence, Dating Violence, Sexual Assault, or Stalking may result in suspension or expulsion.

Employees:
The bases for the discipline or termination of an employee are the following:

• Unsatisfactory job performance or gross inefficiency in job performance;
• Violation of, or failure to adhere to, established College policies or procedures; and
• Unacceptable personal conduct.

Certain actions by an employee may fall under one or more of the bases listed above. When just cause exists, any employee of the College, regardless of position/role, may be subject to disciplinary action by the President. These disciplinary actions may include the following:

• Oral or written warnings
• Suspension with pay
• Suspension without pay
• Demotion or departmental transfer (only for unsatisfactory or gross inefficiency in job performance); and
• Termination

Depending on the nature of the misconduct or the severity of the unsatisfactory job performance, an employee may be subject to a final disciplinary notice or immediate termination from the College without going through progressive disciplinary actions. A final determination of a Title IX process regarding rape, acquaintance rape, Domestic Violence, Dating Violence, Sexual Assault, or Stalking may result in termination.

Definitions

Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an Education Program or Activity operated by Durham Tech.  

Consent – For the purposes of this policy, “consent” means informed, freely, and actively given and mutually understandable words or actions that indicate a willingness to participate in mutually agreed-upon activity. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a clear and unambiguous agreement between them to engage in certain conduct with each other. Consent cannot be gained by ignoring or acting in spite of the objections of another. Consent cannot be inferred from:

1. Silence, passivity, or lack of resistance alone; 
2. A current or previous dating or sexual relationship alone (or the existence of such a relationship with anyone else); 
3. Attire; 
4. The buying of dinner or the spending of money on a date; or 
5. Consent previously given (for example, consenting to one sexual act does not imply consent to another sexual act).
6. Consent is not effective if it is obtained through the use of physical force, violence, duress, intimidation, coercion, or the threat, expressed or implied, of bodily injury. Whether a party used intimidation or coercion to obtain consent will be determined by reference to the perception of a reasonable person found in the same or similar circumstances. Consent may never be given by:
7. Minors, even if the other participant did not know the minor’s age; 
8. Mentally disabled persons, if their disability was reasonably knowable to a sexual partner who is not mentally disabled; or 
9. Persons who are incapacitated.

The use of alcohol or drugs does not diminish one's responsibility to obtain consent and does not excuse conduct that constitutes sexual misconduct under these procedures.

If at any time during a sexual act any confusion or ambiguity is, or should reasonably be, apparent on the issue of consent, it is incumbent upon each individual involved in the activity to stop and clarify the other's willingness to continue and capacity to consent. Neither party should make assumptions about the other’s willingness to continue.

Complainant means: 

1. a student or employee who is alleged to have been subjected to conduct that could constitute sex-based harassment as defined in this procedure and who was participating or attempting to participate in Durham Tech’s Education Program or Activity; or  
2. a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex-based harassment under these grievance procedures and who was participating or attempting to participate in Durham Tech’s Education Program or Activity at the time of the alleged sex-based harassment.

Complaint means an oral or written request to Durham Tech that objectively can be understood as a request for Durham Tech to investigate and make a determination about alleged sex discrimination at the institution.

Confidential Employee means:  

1. an employee of Durham Tech whose communications are privileged under Federal or State law. The employee’s confidential status is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies;  
2. an employee of Durham Tech whom the recipient has designated as confidential for the purpose of providing services to persons related to sex discrimination. If the employee also has a duty not associated with providing those services, the employee’s confidential status is only with respect to information received about sex discrimination in connection with providing those services; or  
3. an employee of Durham Tech who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination. The employee’s confidential status is only with respect to information received while conducting the study.

Disciplinary Sanctions means consequences imposed on a Respondent following a determination under this grievance procedure that the Respondent violated Durham Tech’s prohibition on sex discrimination.

Education Program or Activity means all of the operations of a college, university, or other postsecondary institution, or a public system of higher education.

Party means Complainant or Respondent.

Peer Retaliation means retaliation by a student against another student.

Pregnancy or related conditions means

1. Pregnancy, childbirth, termination of pregnancy, or lactation;
2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Relevant means related to the allegations of sex discrimination under investigation as part of this Grievance Procedure. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

Remedies means measures provided, as appropriate, to a Complainant or any other person Durham Tech identified as having had their equal access to Durham Tech’s Education Program or Activity limited or denied by sex discrimination. These measures are provided to restore or preserve that person’s access to Durham Tech’s Education Program or Activity after Durham Tech determines that sex discrimination occurred.

Respondent means a person who is alleged to have violated Durham Tech’s prohibition on sex discrimination.

Retaliation means intimidation, threats, coercion, or discrimination by any person by Durham Tech, a student, or an employee or other person authorized by Durham Tech to provide aid, benefit, or service under Durham Tech’s Education Program or Activity, for the purpose of interfering with any right or privileged secured by Title IX, or because the person has reported information, made a Complaint, testified, assisted or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Grievance Procedure including an informal resolution process.

Sex-Based Harassment means sexual harassment and other harassment on the basis of sex, including harassment because of gender identity, sexual orientation, sex characteristics, sex stereotypes, and/or pregnancy and other conditions, that is:  

1. Quid pro quo harassment. An employee, agent or other person authorized by Durham Tech’s Education Program or Activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;  
2. Hostile environment harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from Durham Tech’s Education Program or Activity (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:  
   1. The degree to which the conduct affected the Complainant’s ability to access Durham Tech’s Education Program or Activity;  
   2. The type, frequency, and duration of the conduct;  
   3. The Parties’ ages, roles within Durham Tech’s Education Program or Activity, previous interactions and other factors about each party that may be relevant to evaluating the effects of the conduct;  
   4. The location of the conduct and the context in which the conduct occurred; and 
   5. Other sex-based harassment in Durham Tech’s Education Program or Activity.
3. Sexual Assault (as defined in the Clery Act) means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent;
4. Dating Violence (as defined in the Violence Against Women Act (VAWA) Reauthorization of 2022 and the VAWA Amendments to the Clery Act) means any violence committed by a person:
   1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and  
   2. Where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
5. Domestic Violence means any felony or misdemeanor crimes committed by a person who:
   1. Is a current or former partner of the victim under the family or domestic violence laws of North Carolina, or a person similarly situated to a spouse of the victim; 
   2. Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; 
   3. Shared a child in common with the victim; or  
   4. Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of North Carolina; or
6. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:  
   1. fear for the person’s safety or the safety of others; or 
   2. suffer substantial emotional distress.

Student means a person who has gained admission.

Supportive Measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

1. Restore or preserve that party’s access to Durham Tech’s Education Program or Activity, including measured that are designed to protect the safety of the Parties or Durham Tech’s educational environment; or 
2. Provide support during Durham Tech’s Grievance Procedure for sex discrimination or during the informal resolution process.

Durham Tech uses Title IX training materials provided by SUNY, which are available for review.