NORTH GREENVILLE UNIVERSITY TITLE IX

The University encourages the reporting of all incidents involving sexual misconduct, dating violence, domestic violence, and stalking.  If the University knows or reasonably should know about an incident of harassment or sexual violence that creates a hostile environment, the University will take action to eliminate the harassment, prevent its recurrence, and address its effects.  To be proactive, the University publishes a notice of nondiscrimination and has adopted and published grievance procedures.  Reports may be made online through the NGU Title IX webpage or in person to a Deputy Title IX Coordinator. 

A Complainant or witness has many options, including seeking counseling or assistance from a Confidential Resource, making a report under this policy, and/or making a report to law enforcement.  The University recognizes that deciding among these options can be difficult and is an intensely personal decision.  Complainants and witnesses are encouraged to explore all potential reporting and support options.

Complainants and other reporting individuals are encouraged to report any violation of this policy as soon as possible in order to maximize the University's ability to respond promptly and effectively.  There is no time limit for reporting.  Reports under this policy may be made at any time without regard to how much time has elapsed since the incident(s) in question.  As long as the Complainant or the Respondent remain enrolled or employed by the University, a Complainant may choose to report at any time.

A.  SAFETY

The first priority of a victim of sexual assault or domestic violence is to get to a place of safety.  This may mean simply getting away from the location of the incident, calling 911 or seeking support from a friend, Residence Life staff member or person with whom the victim is comfortable.  The following are some options for any victim.

1. Call 911 for medical or safety emergency. Emergency Room – North Greenville Medical Campus, 807 N. Main St. (Hwy 276), Travelers Rest, SC 29690
2. Call Campus Security 977-7777 for assistance and to help coordinate emergency response efforts.  See also the University’s Campus Security webpage. 
3. The victim’s well-being is of primary concern.  If the incident caused physical harm, the victim should seek medical attention immediately.  See the list of local healthcare facilities above.  The victim should also preserve any evidence of the incident and injuries as the evidence may assist with the investigation and/or serve as proof of a crime. 
4. The University encourages timely law enforcement reporting; however, it is the victim's choice to make such a report or to decline involvement with law enforcement.   NGU will assist the Complainant with filing the criminal report if the victim desires to do so. 
5. Seek support.  Telling someone is the first step to healing and will help the victim re-establish control of the situation.  The University offers Counseling Services, and the following are some support resources in our area: Julie Valentine Center for Sexual Assault and Child Abuse Recovery 864-467-3633;Safe Harbor 800-291-2139; The South Carolina Coalition Against Domestic Violence and Sexual Assault 800-656-HOPE.

B.  CONFIDENTIAL REPORTING

Confidential reporting refers only to the protections provided to information disclosed in legally-protected or privileged relationships, including licensed professional mental health counselors, licensed medical professionals, and ordained clergy.  These Confidential Resources can engage in confidential communications when the information is disclosed within the scope of the provision of professional services.  When an individual shares information with a Confidential Resource (on campus or in the community) as a confidential communication in the course of a protected relationship, the confidential resource cannot disclose the information (including information about whether an individual has received services) to any third party without the individual's written permission or unless required by ethical or legal obligations which compel the professional to reveal such information (e.g., the law may permit disclosure when the individual gives written consent for its disclosure, if there is an imminent concern that the individual will likely cause serious physical harm to self or others, or if the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18).  A person’s medical and counseling records are privileged and confidential documents. 

Confidential Resources submit non-personally-identifying information about Clery-reportable crimes to the Campus Security for purposes of the anonymous statistical reporting under the Clery Act. 

In their professional capacity, NGU counselors in the Counseling Services are considered Confidential Resources and are not required to report according to University policy.  Information disclosed in the clinical setting will be considered confidential.  However, Confidential Resources may encourage clients to report to local and/or campus authorities. 

Note: Faculty, staff, administrators, and other employees, who are otherwise involved in pastoral or ministry work, are licensed mental health workers or are licensed medical workers, but who are not working in that capacity for NGU, are NOT Confidential Resources. 

Any complaint filed under Title IX is not a confidential complaint.  The University will seek to keep private the information obtained in a Title IX investigation to the extent it is consistent with a full investigation of the complaint.  However, notification of “need to know” individuals including, but not limited to, supervisory/administrative personnel of the Respondent (and of the Complainant if such notification is necessary due to interim or permanent remedial measures) and/or University staff may be necessary to carry out interim measures, the investigation, and/or final disciplinary actions.

C. FILING A TITLE IX COMPLAINT

A report is submitted online or given directly to the Title IX Coordinator or a Deputy Title IX Coordinator. 

SUBMIT A COMPLAINT

1. Anonymous or Third-Party Complaints.  Where a Complainant requests to remain anonymous or that no formal action be taken, the University will seek to honor the request. However, the University must balance this with its obligations to provide a safe and non-discriminatory environment for all community and to afford a Respondent fundamental fairness by providing notice and an opportunity to respond before any action is taken against a Respondent.  In the event that the circumstances of the complaint dictate a full investigation, the University will take all actions necessary to conduct the investigation while balancing the wishes of the Complainant.  This may include disclosing the identity of the Complainant and other steps that might compromise the Complainant’s request for confidentiality and anonymity. Reports that are made anonymously or by third parties will not on their own initiate the formal complaint process.  However, Title IX requires the University to investigate all incidents about which the University knows or has reason to know in order to protect the health and safety of the University community.  The University may undertake an initial assessment even in cases where the alleged victim and/or Complainant choose not to cooperate or participate.  As necessary, the University reserves the right to initiate a complaint, to serve as Complainant, and to initiate conduct proceedings without a formal complaint by the victim or Complainant.

2. Amnesty for Misconduct of the Student Complainant.  Students may be reluctant to report incidents because of concerns that their own behavior may be a violation of University policies.  The University will not pursue disciplinary action against a student Complainant or witness for disclosure of past personal consumption of alcohol or other drugs where the disclosure is made in connection with a good faith report or investigation of prohibited conduct under Title IX and the personal consumption did not place the health or safety of any other person at risk.  Similarly, the University will not pursue disciplinary action against a Complainant for past violations of the Student Conduct Policy, including but not limited to with regard to sexual activity, where the disclosure is made in connection with a good faith report or investigation of prohibited conduct under Title IX.  The University reserves the right to revoke this amnesty if the University, in its sole discretion, finds that the Complainant filed the complaint in bad faith or in an attempt to deflect potential discipline for violations of the Code of Student Conduct.

3. Initial Assessment.  After the Title IX Deputy Coordinator completes an initial evaluation of the complaint, the Title IX Coordinator (or a designee) will conduct an initial Title IX assessment.  The purpose of the assessment is to gain a basic understanding of the nature and circumstances of the report; it is not intended to be a full interview.  The Title IX Office will gather information about the reported conduct and respond to any immediate health or safety concerns raised by the report.  The Title IX Office will assess the Complainant’s safety and well-being, offer the University’s immediate support and assistance, and assess the nature and circumstances of the report to determine whether the reported conduct raises a potential policy violation and the appropriate manner of resolution under this policy.  Thereafter, an investigation may be initiated depending on a variety of factors, such as whether the Complainant will pursue disciplinary action, the nature of the allegation, and the proper grievance process to be applied. 

As part of the initial assessment, the Title IX Office will: 

• assess the nature and circumstances of the report, including whether it provides the names and/or any other information that identifies the Complainant, the Respondent, any witness, and/or any other individual with knowledge of the reported incident.
• address immediate physical safety and emotional well-being. 
• notify the Complainant of their right to contact (or decline to contact) law enforcement or seek a civil protection order.
• notify the Complainant of the right to seek medical treatment.
• notify the Complainant of the importance of preservation of evidence. 
• provide the Complainant with written information about on and off campus resources.
• notify the Complainant of the range of interim measures available, including the right to reasonable interim remedial measures regardless whether they choose to participate in a University or law enforcement investigation. 
• refer the report to Campus Security to enter the report into the University’s crime log if required by the Clery Act.
• with the Campus Security, assess the reported conduct and discern the need for a timely warning under the Clery Act. 
• notify the Complainant of the right to be accompanied at any meeting by an advisor of choice.
• assess for any pattern of conduct by Respondent. 
• discuss the Complainant’s expressed preference for manner of resolution and any barriers to proceeding (e.g., confidentiality concerns). 
• explain the University’s policy prohibiting retaliation, that the University will take prompt action when retaliation is reported, and how to report acts of retaliation.
• determine age of the Complainant, and if the Complainant is a minor, make the appropriate notifications under SC law. 

At the conclusion of the initial assessment, the University will proceed with one of the following options: 

• Proceed with an investigation under the Title IX process.  This will occur when a Complainant requests an investigation, where the Title IX Coordinator determines that the safety and wellbeing of the University community necessitates an investigation even when a Complainant requests that no investigation be pursued or where Informal Resolution is not appropriate or available. 
• When the Title IX Coordinator receives a report that a member of the faculty, staff or administration has violated this policy, the Title IX Coordinator will work with Human Resources to investigate in a manner consistent with University personnel policies and all applicable law.  The Title IX Coordinator will have the authority to exercise oversight of the investigation and resolution and will ensure that the procedures followed are consistent with the requirements of Title IX and VAWA and the principles set forth in this policy.  In extraordinary cases, the Title IX Coordinator may employ the services of an outside Investigator to conduct the investigation of the claim against a faculty, staff, or administrator. 
• Proceed with Informal Resolution.  This will always require the consent of the Complainant.  The consent of the Respondent is also required when the form of resolution involves the Respondent. 
• If outside the scope of this policy, refer the matter to another appropriate office or department for resolution under the relevant policy. 

4. Interim Measures.  At any time during the process, the Title IX Coordinator (or a designee) may impose reasonable and appropriate interim measures designed to support the parties involved.  Interim Measures may be imposed regardless of whether discipline or corrective measures are sought by the Complainant or the University.  This action assumes no presumption or determination of guilt and the investigation will be completed as soon as possible.

All individuals are encouraged to report concerns about the failure of another individual to abide by any restrictions imposed by an Interim Measure.  The University will take responsive action to enforce the Interim Measures. 

At any time during the investigation, NGU may implement any one or more of the following Interim Measures:

• place an employee on paid or unpaid administrative leave
• remove a student from campus, housing, and/or current classes
• provide access to counseling services
• issue on-campus No Contact Orders
• modify course schedules, rescheduling of exams and assignments
• limit on time and access to campus (including reduced access to the library, cafeteria, and other University buildings)
• ban individuals from campus except for classes and required University activities
• change class schedules, work schedules or job assignments
• voluntary leave of absence
• provide an escort to ensure safe movement between classes and activities
• University imposed leave or separation
• any other remedy tailored to the involved individuals to achieve the goals of this Policy

The University may use these Interim Measures in any combination thereof or create new measures as needed.  The University will take responsive action to enforce the Interim Measures.