Grievance Process

Notice

1. Upon receipt of a complaint, the Title IX Coordinator or designated Investigator, will contact the complainant and respondent with a written notice of the allegations of sex discrimination or sex-based harassment, and to the extent that it is known by the University, the identities of the involved parties, the date and location of the incident. This notice will  (1) include a reference to this procedure; (2) remind the parties that the respondent is presumed not responsible; (3) reiterate that a determination of responsibility will be made at the conclusion for the grievance process; (4) inform the parties that they may have an advisor of their choice, who may or may not be an attorney; (5) that they may inspect and review information that is gathered and (6) that knowingly making false statements or submitting false information during this process is a violation of the student code of conduct and the University’s expectations of its employees.
2. If, in the course of an investigation, the University decides to investigate allegations about the complainant or respondent that are not included in the notice provided, the University will provide notice of the additional allegations to the parties.
3. The investigator will objectively evaluate the information that has been gathered and, presuming that the respondent is not responsible for the alleged conduct, will prepare an investigative report. While preparing this report, the investigator will send to the parties (and to the parties’ advisor, if any) the evidence, including the evidence upon which the University does not intend to rely in reaching a determination.  Each party will have 10- days to submit a written response to this evidence, which the investigator will consider prior to finalizing the report. 
4. The final report will be issued 10-days prior to any scheduled hearing and sent to each party, and the party’s advisor, for their review and written response. The final report and response will be provided to the hearing officer for inclusion in the hearing.  In addition, the parties will be asked to provide a list of questions they would like asked of the other party at the live hearing, so that the decision maker can determine whether the questions will be relevant.

Pre-Investigation

If the University determines that the alleged conduct:

1. does not constitute sex discrimination or sex-based harassment even if proved;
2. did not occur in a University program or activity; including off-campus and outside of the United States;
3. did not occur in any building owned or controlled by a student organization that is officially recognized by the University

The University will dismiss the complaint, but may refer the allegations to the Office of Student Rights and Responsibilities for review under the Student Code of Conduct; to Human Resources or the Office of the Provost to evaluate employee conduct.

Investigation

Before the imposition of any disciplinary sanctions or other actions that are not supportive measures, the University will conduct an investigation. At any time during this grievance process, a respondent may voluntarily accept a determination of responsibility for the allegations.  Such a determination shall include a referral for review under the Student Code of Conduct; to Human Resources or the Office of the Provost to evaluate employee conduct.

1. The burden of proof and burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the University, not on the parties.
2. The investigator will interview parties and witnesses and gather any documentary evidence available or provided by the parties. The Parties will have the same opportunities to review the material and present witnesses, including both inculpatory and exculpatory evidence. Both parties will have the right to have an advisor of their choice accompany them to any related meeting. Investigator will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews, or other meetings, with no less than 48-hour written notice of any meeting or interview requests (excluding hearings, as mentioned below).
3. The investigator will objectively evaluate the information that has been gathered and, presuming that the respondent is not responsible for the alleged conduct, will prepare an investigative report. While preparing this report, the investigator will send to the parties (and to the parties’ advisor, if any) the evidence, including the evidence upon which the University does not intend to rely in reaching a determination.  Each party will have 10- days to submit a written response to this evidence, which the investigator will consider prior to finalizing the report. 
4. The final report will be issued 10-days prior to any scheduled hearing and sent to each party and the party’s advisor, for their review and written response. The final report and response will be provided to the hearing officer for inclusion in the hearing.  In addition, the parties will be asked to provide a list of questions they would like asked of the other party at the live hearing, so that the decision maker can determine whether the questions will be relevant.

Live Hearing

In an effort to ensure that conduct hearings provide equal opportunity to the complainant and the respondent, the University will follow procedure as outlined by the Office of Student Rights and Responsibilities for review under the Student Code of Conduct; to Human Resources or the Office of the Provost for employee procedure.

Appeal Rights

The determination by the fact finder may be appealed within 3-days to the Provost and Executive Vice Chancellor, the Vice Chancellor for Student Affairs, and the Vice Chancellor for Business Affairs or their designees on the following grounds: 

1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time of the determination that could affect the outcome of the matter;
3. The decision makers, Investigator, or Title IX Coordinator had a conflict of interest or bias either generally for complainants or respondents, or specifically for a particular individual, such that it affected the outcome of the matter.

If one party files an appeal, the University will notify the other party, and advise them that if they wish to submit a written statement in support of or challenging the outcome, they may do so within 3-days.

Within 14-days of receipt of this information the Provost and Executive Vice Chancellor, the Vice Chancellor for Student Affairs, and the Vice Chancellor for Business Affairs, or their designees, will issue a written decision describing the result of the appeal, and a brief rationale to support that result.  This decision will be provided to both parties simultaneously.

Range of Disciplinary Sanctions

The sanctions for students is a referral to the Office of Student Conduct for additional sanctioning that may include disciplinary expulsion, disciplinary suspension, deferred disciplinary suspension, disciplinary probation, disciplinary warning, removal from University Housing, administrative room change, restriction of privileges, parental notification, restitution for damaged caused by the student’s conduct, community service hours, drug testing at the student’s expense, SMART planning, no contact orders, trespass orders, mental and physical health assessments, reflection opportunities (educational tasks such as research papers or essays), cancellation of pre-registration, a Hold being placed on the student’s record, and/or preventing the awarding of a degree, other sanctions deemed appropriate by a conduct officer or hearing panel.

The sanction for employees (staff and faculty) who are found responsible for a violation of the Title IX policy is a referral to either the Provost (faculty) or the Associate Vice Chancellor for Human Resources (staff) to evaluate whether the determination of responsibility warrants disciplinary action in accordance with either the SHRA disciplinary action policy; the EHRA employment policies or the UNC Greensboro Academic Freedom, Tenure and Due Process Regulations. Additional sanctioning may include a written warning, disciplinary suspension without pay, demotion, dismissal, no contact orders, divisional separation, non-reappointment, and denial of promotion.