Title IX Complaint Process
Brunswick Community College’s greatest concern is for the safety and physical and mental health of all its students, faculty, staff, and guests and is committed to maintaining a welcoming and supportive educational climate. Therefore, the following procedures are available to all students, staff, administrators and faculty who feel they have experienced or witnessed gender-based misconduct, including sexual harassment and gender discrimination as discussed above.
Once the College is informed of alleged misconduct, the Title IX coordinator will notify the complainant and the accused of their rights pursuant to Title IX. The Title IX coordinator will help the parties navigate the formal complaint process, should you choose to engage it, access appropriate medical, emotional or academic services, discuss possible interim arrangements during the investigation and resolution phases, understand your rights, and answer your questions along the way. The College is obligated by Title IX to promptly, thoroughly and impartially investigate and resolve all complaints, whether made formally or informally. The Title IX coordinator will therefore respond to every report of alleged sex or gender-based misconduct, facilitate the implementation of measures to stop the behavior, and take steps to prevent its recurrence.
If you have been the victim or target of a sexual assault or other type of sexual misconduct, you are also encouraged to contact the Brunswick Community College Police Department. In certain circumstances, depending on the type of conduct alleged and the parties involved, the College may be independently obligated to contact the police.
The College will promptly and equitably respond to all issues involving gender-based misconduct. It may be necessary to adjust on a case-by-case basis, the procedures and timeframes discussed in this section due to the nature and complexity of the issues, the parties involved, and the College’s academic calendar. Both the complainant and the accused will be notified of any procedural or timeframe adjustments.
After the receipt of a report of discrimination, harassment, including sexual harassment, or sexual or gender-based misconduct, the Title IX coordinator will meet with the complainant to gather as much information as possible. The Title IX coordinator will also meet with any witnesses or individuals who may have information about the conduct at issue.
If after this initial fact-finding phase the College determines that a violation of College policy may have occurred, it will proceed with a full investigation. The complainant and the accused will be notified that an investigation is underway and will be afforded the opportunity to meet independently with the Title IX coordinator to review this procedure and to have his/her rights explained. The Title IX coordinator will also meet with the accused to listen to his or her side of the story and to gather any evidence he or she may offer to better understand the nature of the conduct at issue. The complainant and the accused will have the opportunity to submit names of individuals with knowledge of the situation and the College will follow up with those individuals. The Title IX coordinator will counsel the complainant and the accused on academic and other emotional supports available.
During an investigation, the Title IX coordinator may ask for written statements and other documents or evidence which may aid in the investigation. Therefore, it is important to preserve all evidence associated with the conduct or that you think might help others understand what happened. Such evidence can include text messages, Facebook or Instagram posts, photos, voicemails, emails or items of clothing.
Depending on the type of conduct and the parties involved, the College may unilaterally contact the Brunswick Community College Police Department. The College will continue its own investigation into the alleged conduct, regardless of whether or not the police decide to pursue their own investigation. The College will cooperate with all police investigations and will honor and enforce any judicial no-contact, restraining, or protective orders the parties may obtain outside the College process.
During the investigation process interim measures will be discussed with the parties and implemented as may be appropriate. Possible interim measures available to students, faculty, staff or other individuals participating in this process may include a change in class schedule, or work arrangements. All efforts will be made to minimize the impact that these interim measures have on the complainant.
Both the accused and the complainant will be updated throughout the investigation process. At the close of an investigation, the Title IX coordinator will make a determination based on the preponderance of the evidence, which means he or she will determine whether it is reasonable to conclude, based on the evidence available, that it is more likely than not that the alleged conduct occurred. The complainant and the accused will be notified in writing of the Title IX Coordinator’s determination and any penalty imposed; such notice will be provided on a simultaneous basis, to the extent feasible. The complainant will be informed of subsequent modifications to the sanctions, if any are made.
Possible penalties include exclusion from certain College buildings, classes, and College events as well as suspension, expulsion, and/or discharge from employment or enrollment. Individuals doing business at the College or third party vendors found to be in violation of this policy may be banned from the College and the College will notify their respective employers of all charges and disciplinary outcomes. Visitors may also be banned from the College.
Resolution and Appeal
In the event that a student or employee party to a complaint disagrees with the outcome of an investigation under this Title IX policy, the student or employee may seek a review of the outcome by submitting a written appeal statement to:
Dr. Lois Smith
PO Box 30
Supply, NC 28462
An appeal under this policy must be made within 14 calendar days of receipt of the written notice of the outcome of the investigation. An appeal may be made on one or more of the following grounds only: (1) an error occurred that, if corrected, may change the outcome of the investigation; or (2) new information has arisen, that was not available or known to the student or employee at the time of the investigation, which if considered may change the outcome of the investigation. Information that was known or available to the student during the investigation will not be considered.
Dr. Smith will conduct an impartial review of the appeal and will provide the appealing student or employee with a written determination. Dr. Smith will seek to issue her determination on each appeal within 30 calendar days of its receipt of the appeal; however, this timeframe may be longer in certain cases. All appellate decisions are final. Both parties will be informed of the outcome of any appeal.