I. Purpose
The University of North Carolina Asheville (“UNC Asheville” or the “University”) is committed to maintaining a safe, equitable, and productive learning, living, and working environment free of discrimination, harassment, and retaliation for all members of the University community. UNC Asheville has adopted the Sex Discrimination and Sex-Based Harassment Policy 1 (“Policy) and the accompanying Sex Discrimination and Sex-Based Harassment Procedures (“Procedures”) that provide for the prompt and equitable resolution of complaints made by students, employees, or other
individuals who are participating in or attempting to participate in its Education Program or Activity, including in admission or employment, or by the Title IX Coordinator, alleging any action that would
be prohibited by Title IX of the Education Amendments of 1972 or the Title IX regulations. 2 This Policy also addresses Prohibited Conduct under Title VII of the Civil Rights Act of 1964, as amended, and Chapter 126 of the North Carolina General Statutes.
The Purpose of this Policy is to provide the University community with a clearly articulated set of behavioral standards, common understandings of definitions and key concepts, and descriptions and examples of Sex Discrimination and Sex-Based Harassment. The University expects all members of our community to participate in the process of creating a safe, welcoming, and respectful environment on campus. In particular, the University expects that UNC Asheville community members will take reasonable and prudent actions to prevent or stop Sex Discrimination and Sex-Based Harassment. Taking action may include direct intervention when safe to do so, enlisting the assistance of other individuals, contacting University Police, seeking assistance from a person in authority, or contacting the Title IX Coordinator. Community members who choose to take these actions will be supported by the University and protected from retaliation.
As defined by Title IX, Sex Discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Title IX’s prohibition on Sex Discrimination includes Sex-Based Harassment in the form of quid pro quo harassment, hostile environment harassment, and four specific offenses: sexual assault, dating violence, domestic violence, and stalking. In this Policy and accompanying Procedures, Sex Discrimination and Sex-Based Harassment are collectively referred to as “Prohibited Conduct.”
The University treats Complainants and Respondents equitably throughout the proceedings outlined in this Policy and the accompanying Procedures. The Respondent is presumed not responsible for any alleged Prohibited Conduct until a determination regarding responsibility is made at the conclusion of the proceedings outlined in the Procedure. Retaliation for reporting a violation of this Policy or for cooperating in the University’s investigation of any such report is also prohibited by law and University policy and will not be tolerated and may result in disciplinary action.
The Assistant Vice Chancellor for Institutional Integrity and Access, who is the University’s Title IX Coordinator, is charged with ensuring the University’s compliance with this Policy, accompanying Procedures, and applicable Nondiscrimination laws. Throughout this Policy, any references to the Title IX Coordinator include the Title IX Coordinator’s designee(s).
Nothing in this Policy shall be construed to abridge rights protected by law or other University policies, including but not limited to academic freedom and freedom of expression.
II. Notice of Nondiscrimination
The University of North Carolina Asheville is committed to cultivating an equitable, respectful, and welcoming community. The University, in accordance with applicable Federal and State laws, does not discriminate on the basis of age, color, disability, gender, gender expression, gender identity, genetic information, national origin, pregnancy status, race, religion, sex, sexual orientation, or veteran or military status, or other legally protected status in the administration of any educational program or activity, scholarship and loan programs, admission and employment, or other school administered programs. No person, on the basis of protected status, shall be excluded from participation in, be denied the benefits of, or be subjected to unlawful discrimination, harassment, or retaliation under any University Program or Activity, including with respect to admissions and employment terms and conditions.
Inquiries or complaints concerning the application of the University’s nondiscrimination policies, including discrimination in employment or educational programs and activities, or sex discrimination in educational programs and activities under Title IX may be referred to Heather L. Lindkvist, Assistant Vice Chancellor for Institutional Integrity & Access/Title IX Coordinator, to the U.S. Department of Education’s Office for Civil Rights, or both.
Heather L. Lindkvist
Assistant Vice Chancellor for Institutional Integrity & Access
Title IX Coordinator
828.232.5658
TitleIX@unca.edu
116 Highsmith Student Union
1 University Heights, CPO 1285
Asheville, NC 28804
Office for Civil Rights
U.S. Department of Education, District of Columbia Office
400 Maryland Avenue, S.W.
Washington, DC 20202-1100
OCR.DC@ed.gov
For further information about OCR and its jurisdiction, visit the OCR website or call 800.421.3481. For telecommunications relay services, dial 7-1-1 to access.
Inquiries involving nondiscrimination laws related to employment may also be referred to UNC Asheville’s Assistant Vice Chancellor for Institutional Integrity & Access, and/or to the United States Equal Employment Opportunity Commission and/or North Carolina Civil Rights Division.
United States Equal Employment Opportunity Commission (EEOC)
Charlotte District Office
129 West Trade Street, Suite 400
Charlotte, NC 28202
Email: info@eeoc.gov
For further information about EEOC and its jurisdiction, visit the EEOC website or call 800.669.4000. For those who are deaf/hard of hearing, call 800.669.6820 for TTY or 844.234.5122 for ASL Video Phone call.
North Carolina Civil Rights Division
1711 New Hope Church Road
Raleigh, NC 27609
Phone | 984.236.1850 | Fax: 984.236.1946
UNC Asheville’s Nondiscrimination Policy and Procedures can be located at UNC Asheville’s Policies and Compliance website
To report information about conduct that may constitute discrimination, including sex discrimination, or make a complaint of sex discrimination under Title IX, please refer to UNC Asheville’s Office for Institutional Integrity website.
A. Title IX Coordinator Role and Responsibilities
The Assistant Vice Chancellor for Institutional Integrity and Access serves as the University’s Title IX Coordinator. The Title Coordinator oversees the University’s centralized review, investigation, and resolution processes of Prohibited Conduct and coordinates the University’s compliance with Title IX, Title VII, this Policy, and the accompanying Procedures. The Title IX Coordinator is responsible for ensuring the University responds promptly and effectively to Prohibited Conduct in the University’s Program or Activity, including Education and Employment, prevents its recurrence, and remedies its effects.
The Title IX Coordinator is responsible for providing mandatory comprehensive training and prevention education programs; documenting all reports of Prohibited Conduct; and monitoring the effectiveness of this Policy and related Procedures to ensure an education and employment environment free from discrimination, harassment, and retaliation.
Students, employees, visitors, volunteers, contractors, and other third parties may contact the Title IX Coordinator to inquire about their rights under this Policy and other University nondiscrimination policies, to request assistance and support, or to file a complaint.
III. Scope
This Policy provides the UNC Asheville community with the structure and guidance to assist those who have been affected by Prohibited Conduct whether as a Complainant, a Respondent, or a Third Party. The expectations outlined in this Policy and in the accompanying Procedures apply to all members of the UNC Asheville community, including students, employees, visitors, volunteers, contractors, and other individuals participating in or attempting to participate in the University’s Education Programs or Activities, including admission and employment.
Any individual – regardless of age, color, disability, gender, gender expression, gender identity, genetic information, marital or parental status, national origin, pregnancy status, race, religion, sex, sexual orientation, or veteran or military status – may be a Complainant or a Respondent.
This Policy supersedes the University’s Sexual Harassment Policy and the Title IX Grievance Policy and applies to incidents that occur on or after August 1, 2024. Any incidents occurring prior to the publication date of this policy will be subject to the Policy and Procedures that were in place at the time of the alleged incident(s) and the procedures in place at the time of the complaint. Prior policies can be accessed on the Title IX website.
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 Policy, Policy in its entirety, or the invalidated elements of the accompanying Procedures, 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 Policy or accompanying Procedures are revoked by court action, any conduct covered under the accompanying Procedures shall be investigated and adjudicated under the previous 2020 Title IX Grievance Policy and/or Student Code of Responsibility and/or Sexual Harassment Policy. The University will update this Policy and accompanying Procedures as soon as feasible to reflect any court rulings or changes that invalidate parts of the Policy and accompanying Procedures, if applicable.
IV. Jurisdiction
This Policy and accompanying Procedures apply to all Sex Discrimination or Sex-Based Harassment occurring under UNC Asheville’s Education Program or Activity, including in admission and employment.
Conduct that occurs under UNC Asheville’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 the University and conduct that is subject to the University’s disciplinary authority. UNC Asheville has an obligation to address a sex-based hostile environment under its Education Program or Activity, including in admission and employment, even when some alleged Prohibited Conduct occurred outside the recipient’s Program or Activity, including Education or Employment, or outside the United States. The Title IX Regulations, which direct UNC Asheville’s response, do not draw a line between on-campus, off-campus, or online, provided the conduct occurred in the University’s Education Program or Activity. Examples include sponsored, funded or otherwise supported study off campus, research, internship, mentorship, summer session, conference, meetings, social events, athletics events, or other affiliated programs.
In the limited circumstances in which Title IX permits different treatment or separation on the basis of sex, UNC Asheville must not carry out such different treatment or separation in a manner that discriminates on the basis of sex by subjecting a person to more than de minimis harm, except as permitted by law.
V. Key Terms
Actual Knowledge means notice of prohibited conduct to the University’s Title IX Coordinator or to any University employee who is aware of the conduct at issue.
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 UNC Asheville.
Advisor means a person who accompanies a Party and who may be, but is not required to be, an attorney.
Day (unless otherwise specified) means a business day, Monday through Friday, excluding all official holidays or campus closures, on which the University is open for normal operation.
Complainant means:
a. a student or employee who is alleged to have been subjected to conduct that could constitute Prohibited Conduct as defined in this Policy and accompanying Procedures and who was participating or attempting to participate in UNC Asheville’s Education Program or Activity; or
b. a person other than a student or employee who is alleged to have been subjected to conduct that could constitute Prohibited Conduct under these grievance procedures and who was participating or attempting to participate in UNC Asheville’s Education Program or Activity at the time of the alleged Prohibited Conduct.
Complaint means an oral or written request to the University that objectively can be understood as a request for UNC Asheville to investigate and make a determination about alleged Prohibited Conduct at the institution.
Education Programs or Activities refer to all of the operations of UNC Asheville, including, for example, academics, research, extracurricular activities, University employment, training, facilities, computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of the University.
For the purposes of this Policy, conduct that occurs under the University’s Programs or Activities, includes, but is not limited to, conduct that occurs in any on-campus premises; any off-campus premises that UNC Asheville has substantial control over, including buildings or property owned or controlled by a recognized student organization, and conduct that is subject to the University’s disciplinary authority. Examples of programs within the University’s Program or Activities include STEAM Studio.
Employee means any person employed by UNC Asheville, permanent or temporary employees (SHRA staff, EHRA staff, and EHRA faculty), and student workers.
Employment Opportunity means consideration for employment, including hiring, promotion, training, compensation, and non disciplinary retention, including any University reorganization or layoff.
Disciplinary Sanctions means consequences imposed on a Respondent following a determination under the Policy and accompanying Procedures that the Respondent violated UNC Asheville’s prohibition on Sex Discrimination and Sex-Based Harassment.
Investigator means the person tasked by the University with investigating a Complaint.
Party or Parties means the Complainant(s) or Respondent(s) either separately or collectively.
Peer Retaliation means retaliation by a student against another student.
Pregnancy or related conditions means
a. Pregnancy, childbirth, termination of pregnancy, or lactation;
b. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
c. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
Prohibited Conduct means Sex Discrimination or Sex-based Harassment as defined in this Policy and accompanying Procedures.
Relevant means related to the allegations of Prohibited Conduct under investigation as part of this Policy and accompanying Procedure. Questions are relevant when they seek evidence that may aid in determining whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decision maker in determining whether the alleged Sex Discrimination occurred.
Remedies means measures provided, as appropriate, to a Complainant or any other person the University identified as having had their equal access to UNC Asheville’s Education Program or Activity limited or denied by Sex Discrimination or Sex-based Harassment. These measures are provided to restore or preserve that person’s access to UNC Asheville’s Education Program or Activity after the University determines that Prohibited Conduct occurred.
Respondent means a person who is alleged to have violated UNC Asheville’s prohibition on Sex Discrimination and Sex-Based Harassment.
Retaliation means any adverse action, intimidation, threats, coercion, or discrimination by any person by UNC Asheville, a student, or an employee or other person authorized by the University to provide aid, benefit, or service under UNC Asheville’s Education Program or Activity or employment opportunity, 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 Policy and Grievance Procedure.
Sex refers to the biological differences between individuals (including male, female, intersex) and includes a person’s actual or perceived gender assigned at birth. Under the Title IX regulations, sex also refers to Gender Identity, Sexual Orientation, and Sex Stereotyping. Sex includes, but is not limited to, pregnancy, childbirth, breastfeeding, or any related medical conditions. Gender is a Protected Status.
Gender Identity means a person’s identification as female, male, nonbinary, or another gender, which may be the same or different from the person’s sex assigned at birth.
Nonbinary is a general term for people whose gender identities fall outside of the binary conception of male or female. Nonbinary people may or may not identify as transgender.
Transgender is a general term that refers to a person whose gender identity differs from their sex assigned at birth. A transgender person may or may not medically transition and may identify as male, female, or nonbinary.
Sexual Orientation means a person’s identity in relation to the gender or genders to which they are sexually or romantically attracted and includes but is not limited to heterosexuality, gay, lesbian, bisexuality, and queer. Sexual Orientation is a Protected Status.
Sex Stereotype means an assumption about a person’s appearance or behavior or about an individual’s ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual’s sex.
Sexual Contact is any intentional touching or penetration of another person’s clothed or unclothed intimate body parts, including, but not limited to, the breasts, buttocks, anus, groin, genitals, or other intimate part of an individual’s body, by another with any part of the body or any object in a sexual manner. Sexual Contact also includes causing another person to touch their own or another’s body in
the manner described above.
Student means a person who has gained admission to the University.
Supportive Measures means individualized measures offered as appropriate, 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:
a. Restore or preserve that Party’s access to the University’s Education Program or Activity, including Employment Opportunity, including measures that are designed to protect the safety of the Parties or the University’s education and employment environment; or
b. Provide support during the University’s Procedures for Sex Discrimination or Sex-based Harassment including during the Informal Resolution process as outlined in the accompanying Procedures.
VI. Prohibited Conduct
Conduct under this Policy is prohibited regardless of the sexual orientation, gender, gender identity, or gender expression of the Complainant or Respondent. Prohibited Conduct includes:
A. Sex Discrimination
Sex Discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex-Based Harassment is a form of Sex Discrimination.
B. Sex-Based Harassment
Sex-Based Harassment means sexual harassment and other harassment on the basis of sex, including harassment because of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:
1. Quid Pro Quo Harassment. An employee, agent, or other person authorized by UNC Asheville’s Education Program or Activity or employment opportunity explicitly or implicitly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual contact;
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 UNC Asheville’s Education Program or Activity, including employment opportunity (i.e., creates a hostile environment). A hostile environment refers to an educational or workplace environment that a reasonable person would consider intimidating, hostile, or abusive. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
a. The degree to which the conduct affected the Complainant’s ability to participate in or
benefit from UNC Asheville’s Education Program or Activity, including employment
opportunity;
b. The type, frequency, and duration of the conduct;
c. The Parties’ ages, roles within UNC Asheville’s Education Program or Activity or employment opportunity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct;
d. The location of the conduct and the context in which the conduct occurred; and
e. Other Sex-Based Harassment in UNC Asheville’s Education Program or Activity or employment opportunity.
3. Sexual Assault (as defined by the Clery Act) means any sexual act directed against another person, without Consent of the victim, including instances where the victim is incapable of giving consent. Sexual Assault includes:
a. The penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent (i.e., rape);
b. The touching of the private body parts of another person for the purpose of sexual gratification without consent (i.e., fondling);
c. Sexual intercourse with a person who is under the statutory age of consent; and
d. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Dating Violence (as defined in the Violence Against Women Act (“VAWA”) Reauthorization of 2022 and the VAWA Amendments to the Clery Act), includes any violence committed by a person:
a. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
b. Where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
5. Domestic Violence (as defined in the VAWA and its Amendments to the Clery Act) means any felony or misdemeanor crimes of violence committed by a person who:
a. Is a current or former intimate partner of the victim under North Carolina domestic or
family violence laws or by a person similarly situated to a spouse of the victim;
b. Is a person who is cohabitating, or has cohabitated, with the victim as a spouse or
intimate partner;
c. Is a person with whom the victim shares a child in common; or
d. By any other person against an adult or youth victim who is protected from that person’s
acts under the domestic or family violence laws of North Carolina.
6. Stalking (as defined in the VAWA and its Amendments to the Clery Act), means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
a. Fear for the person’s safety or the safety of others; or
b. Suffer substantial emotional distress.
Course of conduct means two or more acts, including but not limited to, acts in which the stalker 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 person’s property.
VII. Other Forms of Prohibited Conduct
A. Sexual Exploitation
Sexual Exploitation means one or more of the following behaviors committed for any purpose,
including sexual arousal or gratification, financial gain, or other personal advantage or benefit:
1. Taking nonconsensual, unjust, or abusive advantage of another person without Consent;
2. Taking advantage of another’s sexuality; or
3. Extending the bounds of consensual Sexual Contact without the knowledge of the other individual.
Sexual Exploitation includes, but is not limited to, prostituting another person, nonconsensual
video or audiotaping of sexual activity, nonconsensual sharing or distributing sexually explicit
images of a person without that person’s consent, engaging in voyeurism or “peeping tommery”,
knowingly exposing one’s genitals to another person without consent, knowingly transmitting a
Sexually Transmitted Infection (STI) or virus (e.g., HIV) to another person, and inducing
incapacitation with the intent to sexually assault another person.
Sexual exploitation also includes threatening to distribute private and sensitive material, such as
nude images or videos, in demand of money, more images, or make other demands, such as
threatening to share the images with a person’s friends and family if they do not comply.
B. Provision of Alcohol and or Other Drugs for Purposes of Prohibited Conduct
The provision of alcohol and/or other drugs to an individual for the purpose of committing or
facilitating Prohibited Conduct under this Policy is also a form of Prohibited Conduct. Such
behavior may include the provision of a drink or food that contains alcohol and/or other drugs
without the knowledge or consent of the individual to whom it is being provided or other actions
taken with the intention of impairing the senses, judgment, and/or physical and mental ability of
another person in order to engage in other forms of Prohibited Conduct. An individual does not
have to engage in sexual activity with another person to be found responsible for the prohibited
provision of alcohol and/or other drugs.
C. Online Harassment and Misconduct
University policies are written and interpreted broadly to include online manifestations of any of
the Prohibited Conduct, when those behaviors occur in or have an effect on the University’s
Program or Activities, including admission and employment, or when they involve the use of
University networks, technology, or equipment.
Although the University may not control websites, social media, and other venues through which
harassing communications are made, when such communications are reported to the University,
it will engage in a variety of means to address and mitigate the effects. These means may include
use of the resolution process to address off-campus conduct whose effects contribute to limiting
or denying a person access to the University’s Education Program or Activity, including admission and employment.
Nothing in this policy is intended to infringe upon or limit a person’s right to free speech. Any
online posting or other electronic communication by students, including technology-facilitated
bullying, stalking, harassment, etc., occurring completely outside of the college’s control (e.g., not
on University networks, websites, or between University email accounts) will only be subject to
this policy when such online conduct can be shown to cause (or will likely cause) a substantial in-
program disruption or infringement on the rights of others. Otherwise, such communications are
considered speech protected by the principles of free expression. Supportive measures for
Complainants will be provided.
VIII. Consent, Coercion, Force, Complicity, and Incapacitation
A. Consent
Consent means an understandable exchange of affirmative actions or words that indicate an
active, knowing, voluntary, and mutual agreement among all participants to engage in sexual
activity. An action is “without that person’s consent” when it is inflicted upon a person who has not
freely and actively given consent. Consent can be given by words or actions, as long as those
words or actions create clear permission regarding willingness to engage in the sexual activity.
The definition of Consent does not vary based upon a participant’s sex, sexual orientation,
gender identity, or gender expression.
Consent cannot be obtained through:
1. The use of coercion, force, or threat of force; or
2. When a person is incapacitated by the (voluntary or involuntary) use of alcohol and/or
other drugs.
A person is not required to physically resist sexual contact in order to show lack of consent.
Consent can be withdrawn at any time. Prior consent for sexual contact does not imply current or
future consent. Even in the context of an ongoing relationship, consent must be sought and freely
given for each instance of sexual contact.
In evaluating whether Consent was given, consideration will be given to the totality of the facts
and circumstances, including, but not limited to the extent to which a Complainant affirmatively
uses words or actions indicating a willingness to engage in sexual contact, free from intimidation,
fear, or coercion; whether a reasonable person in the Respondent’s position would have
understood such person’s words and acts as an expression of consent; the context of the
relationship and any prior agreement among the parties, and whether there are any
circumstances, known or reasonably apparent to the Respondent, demonstrating incapacitation
or lack of consent.
B. Coercion or Force
1. Coercion refers to verbal and/or physical conduct, including manipulation, intimidation,
blackmail, unwanted contact, and express or implied threats of physical, emotional, or other
harm, that would reasonably place an individual in fear of immediate or future harm and that
is employed to compel someone to engage in sexual contact. A person’s words or conduct
are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of
will and ability to choose whether or not to engage in sexual activity.
Examples of Coercion include causing the deliberate Incapacitation of another person;
conditioning an academic benefit or employment advantage on submission to the sexual
contact; threatening to harm oneself if the other party does not engage in sexual contact; or
threatening to “out” someone or disclose their sexual orientation, gender identity, gender
expression, or other personal sensitive information if the other party does not engage in the
sexual contact. Coercing an individual to engage in sexual activity violates this Policy in the same way as
physically forcing someone to engage in sexual activity.
2. Force is the use of physical violence and/or imposing someone physically to gain sexual
access. Force also includes threats or intimidation (implied threats), that overcomes free will
to choose whether to participate in sexual contact. For the use of force to be demonstrated,
there is no requirement that a Complainant resists the sexual advance or request. However,
resistance by the Complainant will be viewed as a clear demonstration of non-consent.
C. Complicity (Aiding and Abetting)
Complicity refers to any act by an individual who knowingly aids, assists, facilitates, promotes, or
encourages another person to commit an act of Prohibited Conduct.
D. Incapacitation
Incapacitation refers to a state beyond intoxication in which an individual cannot make rational,
reasonable decisions because the person lacks the capacity to give knowing consent (e.g., to
understand the “who, what, when, where, why, and how” of their sexual interaction). The use of
alcohol and/or other drugs does not, in and of itself, negate a person’s ability to give consent.
A person cannot consent if they are unable to understand what is happening or are disoriented,
helpless, asleep, or unconscious for any reason, including due to alcohol or other drug
consumption, or when the person is otherwise physically or mentally helpless and the person
performing the act knows or should reasonably know that the other person is incapacitated or
otherwise physically helpless. Physically helpless means a person is physically unable to verbally
or otherwise communicate consent or unwillingness to engage in an act, such as when physically
restrained. Mentally helpless means a person is rendered temporarily incapable of appraising or
controlling one’s own conduct.
Common and obvious warning signs of possible incapacitation include consistently slurred or
incomprehensible speech, unsteady gait, vomiting, or incontinence. A memory lapse regarding an
incident is not, in itself, conclusive evidence of incapacitation. Alcohol-induced memory lapses,
sometimes referred to as “blackouts,” do not involve a loss of consciousness. An individual who is
unable to form long-term memories of the incident has experienced a memory loss; that individual
may have been able to walk and talk at the time of the incident. When an individual describes
they “blacked out” or do not remember certain moments during the evening, it does not mean that
the individual was incapacitated.
A Respondent violates this Policy if they engage in sexual activity with someone who is incapable
of giving consent. It is not an excuse that the Respondent was intoxicated and, therefore, did not
realize the incapacity of the Complainant.
In evaluating Incapacitation, whether an individual was incapacitated is based on objectively and
reasonably apparent indications of Incapacitation when viewed from the perspective of a sober,
reasonable person. That is, whether a reasonable person in the position of the Respondent, knew or should have known that the Complainant was unable to consent to the sexual contact because they were incapacitated. Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.
IX. Retaliation
Retaliation means any adverse action, intimidation, threats, coercion, or discrimination against
any person by the recipient, student, or employee or other person authorized by the recipient to
provide aid, benefit, or service under the University’s Education Program or Activity or
employment opportunity, for the purpose of interfering with any right or privilege secured by Title
IX or its regulations, Title VII, or this Policy, 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 the Title IX regulations or Title VII. Retaliation
includes conduct through associates or agents of a Complainant, Respondent, or participant in
any investigation or proceeding related to this Policy, including peer retaliation in which retaliation
occurs by a student against another student.
Complaints alleging retaliation may be submitted to the Title IX Coordinator and will be addressed
in accordance with the applicable grievance procedure:
1. Students should follow the Student Code of Responsibility.
2. Employees subject to the provisions of the State Human Resources Act should follow the
grievance procedure outlined in the University SHRA Employee Grievance Policy.
3. Staff employees exempt from the provisions of the State Human Resources Act should follow
the grievance procedure outlined in Review Procedures for EHRA Non-Faculty Employees.
4. Faculty members should follow the Faculty Grievance Procedures.
X. Privacy and Confidentiality
Under this Policy and accompanying Procedures, UNC Asheville will make reasonable efforts to
protect the privacy of the Parties, Witnesses, and other individuals, in accordance with applicable
state and federal law, while balancing the need to gather information to assess the report and to take
steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects. These steps will
not restrict the ability of the Parties to obtain and present evidence, including by speaking to
witnesses; consulting with their family members, confidential resources, or advisors; or otherwise
preparing for or participating in the Procedures. All Parties are prohibited from engaging in
Retaliation, including against Witnesses.
A. Privacy
Privacy generally means that information related to a report of Prohibited Conduct under this
Policy will be shared with a limited number of individuals who “need to know” in order to ensure
the prompt, equitable, and impartial review, investigation, and resolution of the report. The
information shared with these individuals will be limited to the bare minimum necessary. While not
bound by confidentiality, these individuals will be discreet, and respect and safeguard the privacy
of all individuals involved in the process. All employees who are routinely involved in UNC
Asheville’s response to Sex Discrimination and Sex-Based Harassment receive specific training
and guidance about safeguarding private information in accordance with applicable laws.
Except as required or allowed by law, or as necessary to conduct any investigation or hearing,
the University will not disclose the identity of any individual – any Complainant, any Respondent,
or Witness – in the reporting, investigation, or adjudication of alleged Prohibited Conduct.
In the event a report indicates an imminent threat of harm to self, others, or property; a safety
emergency; or the conduct involves suspected sexual violence, physical abuse, or maltreatment
of a minor under the age of 18, information should be promptly shared with the UNC Asheville
Police Department.
B. Confidentiality
Confidentiality refers to the ability of identified confidential resources to not report crimes and
violations to law enforcement or University officials without an individual’s permission, except for
extreme circumstances, such as imminent danger to self, others, or property; a safety
emergency; the conduct involves suspected sexual violence, physical abuse, or maltreatment of a
minor under the age of 18; or as otherwise required by law. Confidential Resources, also referred
to as Confidential Employees 8 (Section X.A.), include professional counselors who are
appropriately credentialed and hired by UNC Asheville to serve in a counseling role.
C. Unauthorized Disclosure of Information
Parties and Advisors are prohibited from disclosing information obtained by UNC Asheville
through the Procedures and resolution process, to the extent that information is the product of the
University (meaning it has been produced, compiled, or written by the University for purposes of
its investigation and resolution of a Complaint), without authorization. It is also a violation of
University Policy to publicly disclose an institutional work product that contains a Party or
Witness’s personally identifiable information without authorization or consent. Violation of the
Unauthorized Disclosure of Information provision may subject the discloser to disciplinary
sanctions under the Student Code of Responsibility or referral to Human Resources for personnel
actions.
XI. Reporting Responsibilities of Employees
UNC Asheville is required to take responsive action when it has notice of potential or alleged
Prohibited Conduct. Notice occurs when the Title IX Coordinator receives a report from a
Complainant, or any other person alleging Prohibited Conduct has occurred as defined under this
Policy and accompanying Procedures.
A. Responsible Employees or Non-Confidential Resources
Except for identified Confidential Resources, All UNC Asheville employees, including student
employees, are “Responsible Employees.” As contrasted with the Complainant’s personal
decision whether to make a report of Prohibited Conduct, once information is disclosed to a
Responsible Employee, the Responsible Employee is required to promptly share all identifying
information and known details of incidents of Prohibited Conduct to the Title IX Coordinator.
This centralized reporting requirement increases the likelihood that a Complainant will receive
access to Supportive Measures, ensures that all UNC Asheville community members have
equitable access to the resolution process, and allows the University to take appropriate action
consistent with its Title IX and Title VII obligations and educational mission while still respecting a
Complainant’s agency and autonomy.
Whenever possible, employees should alert students and colleagues of their obligation to report
disclosures, which includes sharing the names of individuals involved and relevant facts
regarding the alleged incident (including the date, time, and location), to the Title IX Coordinator
prior to the disclosure of any personal information. The University encourages faculty to include
this information on their syllabi.
Any questions about the status of an employee as a Responsible Employee should be addressed
to the Title IX Coordinator.
B. Confidential Resources
Confidential Resources can maintain an individual’s legally protected confidentiality, including
disclosures by a Complainant, Respondent, or Witness, and will not share any information with
UNC Asheville, including the Title IX Coordinator, subject to the exceptions listed below. Those
campus and community professionals who have the ability to maintain privileged communications
and keep information confidential, referred to as Confidential Resources or Confidential
Employees, include:
1. A UNC Asheville employee 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. Examples of such employees include:
a. Health care providers (and those who assist in the provision of confidential services)
in UNC Asheville’s Health and Counseling Center;
b. Mental health professionals (and those who assist in the provision of confidential
services) in the UNC Asheville’s Health and Counseling Center; in the Employment
Assistance Program, and in any programs that contract with the University to provide
mental health professional services; and
c. Ordained Clergy. Note, while North Carolina law recognizes Clery as having privileged
confidentiality, the University does not employ Clergy.
2. A UNC Asheville employee whom the institution 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. A UNC Asheville employee who is conducting an Institutional Review Board-approved
human-subjects research study designed to gather information about sex discrimination or
sex-based harassment. The employee’s confidential status is only with respect to information
received while conducting the study.
These individuals are required to maintain confidentiality when they receive information in any of the above capacities, unless (a) given permission to do so by the person who disclosed the
information; (b) there is an imminent threat of harm to self, others, or property; (c) the conduct
involves suspected abuse of a minor under the age of 18; or (d) as otherwise required or
permitted by law or court order.
Complainants may speak with individuals unaffiliated with the University who are not required to
disclose information to the institution without permission, such as licensed professional
counselors and other healthcare providers; local rape crisis counselors; domestic violence
resources; local or state assistance agencies; Clergy/Chaplains; and attorneys.
B. C. Anonymous reports
Except for those designated as Responsible Employees who must report directly and non-
anonymously, any other member of the University community may make an anonymous report
concerning an act of Prohibited Conduct. A person may report an incident without disclosing the
name of the Complainant, the name of the Respondent, or their name as the Reporting Party.
They may choose to share as much or as little about the incident as they wish.
Anonymous reports may be submitted to the Title IX Coordinator; however, the University’s ability
to respond or take further action from an anonymous report may be impacted by the level of
information available about the alleged Prohibited Conduct or the individuals involved. For
example, if the anonymous report does not identify the Complainant, the University may be
unable to make outreach to the Complainant to offer Supportive Measures or to ascertain their
wishes with respect to participating in an investigation.
An anonymous report means that the Title IX Coordinator and other University officials do not
know the identity of the individual making the report.
C. D. Post-Report Requests for Confidentiality
The University will take all reasonable steps to review and respond to reports consistent with any
request by the Complainant for confidentiality or to not pursue an investigation. In doing so, the
University may take steps to limit the effects of the alleged Prohibited Conduct without initiating
the Resolution Procedures. Examples include: providing increased monitoring, supervision, or
security at locations or activities where the conduct is alleged to have occurred; and providing
training, programming, educational or informational materials for the campus community. The
University will seek to respect the request of the Complainant, and where it cannot do so, the
University will consult with the Complainant and keep them informed about the chosen course of
action.
Pursuant to Department of Education regulations, a University’s identity may remain undisclosed
for the purpose of receiving Supportive Measures, where feasible. However, should a Complaint
be made, the Resolution Process will be initiated and both Parties will receive written notice of the
alleged incident to be investigated, which will include the names of both Parties.
D. E. Mandatory Reporting of Prohibited Conduct involving Minors
Per University Policy and North Carolina state law, any individual who knows or reasonably
suspects that a minor has experienced child abuse, neglect, or violent offense by a parent,
guardian, caretaker, peer, non-custodial adult or an employee has an absolute obligation to report
that suspicion to:
1. UNC Asheville Police (828.232.5000) or the appropriate local law enforcement agency in the
county where the juvenile resides or is found;
2. Child and Family Services Agency in the county where the juvenile resides or is found, when
required by North Carolina State Law and/or instructed to by law enforcement; and
3. The UNC Asheville Assistant Vice Chancellor for Institutional Integrity & Access.
Additional information regarding suspected child abuse, neglect, or violent offense against a
juvenile may be found in the University’s Policy on the Protection of Minors on Campus.
E. F. Clery Act Campus Security Authority (CSA) Reporting and Timely Warnings
A Campus Security Authority, or CSA, is an individual, who by virtue of their University
responsibilities and under the Clery Act, is designated to receive and report criminal incidents to
the campus Clery Compliance Office or the UNC Asheville Police Department so that they may
be included and published in the University’s daily crime log and Annual Security and Fire Safety
Report. In all instances, the information is reported in a manner that does not include personally
identifying information about persons involved in an incident.
Campus Security Authorities (CSAs) include but are not limited to University Police, the Assistant
Vice Chancellor for Institutional Integrity & Access/Title IX Coordinator, Student Affairs personnel,
Resident Assistants, advisors to student organizations, and anyone who has significant
responsibility for students and campus activities. CSAs are provided annual training about their
reporting responsibilities. In most, but not all cases, an employee’s job description identifies the
individual as a CSA
If the reported incident is a Clery Crime (which includes sexual assault, dating violence, domestic
violence, and stalking), and the individual is a CSA, a crime report must be submitted by using
the CSA Crime Report Form or by notifying the Clery Compliance Officer.
The University will issue a Timely Warning to the community for reports of Clery-defined conduct
that may constitute a serious and ongoing threat to members of the campus community.
When Clery Act crimes are reported or Timely Warnings are issued, the University will ensure
that a Complainant’s name and other identifying information is not disclosed, while still providing
enough information for community members to make safety decisions considering the potential
threat or danger.
F. G. Public Awareness Events
Public awareness events such as “Take Back the Night,” protests, or other forums held on UNC
Asheville’s campus or through an online platform sponsored by the University in which community
members disclose experiences with Sex Discrimination or Sex-Based Harassment, are not
considered to be reportable events or notice under this Policy. Such disclosures will not trigger
the University’s obligation to investigate or take action with respect to such information, unless it
indicates an imminent and serious threat to the health or safety of a Complainant, any students,
employees, or other persons.
However, in all cases the University will use this information to inform its efforts to prevent Sex
Discrimination and Sex-Based Harassment, including by providing tailored programs and training
to address alleged Prohibited in a particular part of its Education Program or Activity, including
admission or employment, or at a specific location when information indicates there may be
multiple incidents of Sex-Based Harassment.
Nothing in Title IX or this Policy obligates the Title IX Coordinator or any other University
employee to attend or participate in such public awareness events. However, UNC Asheville will
provide information related to Title IX, support, resources, and processes to attendees at these
events.
G. H. Free Speech and Academic Integrity
The University is committed to the principles of free inquiry and speech. Vigorous discussion and
debate are fundamental to this commitment and may include speech that is offensive– for
instance, speech that is controversial. This Policy is not intended to restrict teaching methods or
freedom of expression, nor will it be permitted to do so. Offensiveness of conduct, standing alone,
is not sufficient for the speech to constitute Prohibited Conduct. Rather, the conduct must be
sufficiently severe, pervasive, or objectively offensive that it effectively denies equal access to or
unreasonably interferes with an individual’s ability to participate in employment or educational
Programs and Activities from both a subjective and objective perspective.
Prohibited Conduct under this Policy is not a proper exercise of academic freedom and may not
be legally protected expression. Prohibited Conduct compromises the University’s integrity and
tradition of intellectual freedom and will not be tolerated.
XII. Standard of Proof
The University uses the preponderance of the evidence standard of proof when determining when a
Policy violation occurred. This standard is met when it is more likely than not, based on the available
information at the time of the decision, that the Respondent is in violation of University Policy.
XIII. Training and Prevention Education Programs
As part of its commitment to the prevention of Sex Discrimination and Sex-Based Harassment, UNC
Asheville offers training and prevention education programs annually and throughout the academic
year to all University community members. All employees, including student employees, receive
mandatory training at the time of hire and annually that addresses how to prevent, respond to, and
report Sex Discrimination and Sex-Based Harassment. The training includes information on 1) the
University’s obligation to address Sex Discrimination and Sex-Based Harassment; 2) the scope of
conduct that constitutes Prohibited Conduct; and 3) the University’s reporting requirements for
employees. At Orientation, all incoming students receive annual educational programs on the
University’s obligation to address Sex Discrimination and Sex-Based Harassment; reporting
obligations of employees; and how to prevent and address Prohibited Conduct using active bystander
intervention strategies. These trainings and prevention education programs comply with Title IX
regulations, the Violence Against Women Act (“VAWA”) Reauthorization of 2022, and the VAWA
Amendments to the Clery Act.
Title IX Coordinator(s), investigators, decision-makers, informal resolution facilitators, and others with
1) the responsibility for implementing the University’s grievance procedure, or 2) the authority to
modify or terminate supportive measures received mandatory training annually on a variety of
enumerated topics specific to their positions.
Training and prevention education program materials will be made available to individuals for review upon request to the Title IX Coordinator.