EOC FAQs
Click through the questions below to reveal the answers.
General
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- manages non-discrimination policies that also prohibit related forms of misconduct
- connects people to supportive measures (e.g., changes to housing or work schedules, changes to or assistance with academic assignments, no-contact orders)
- provides education, training, and awareness campaigns
- offers reasonable accommodations for employees with disabilities and those seeking religious accommodations
- provides services to further the University’s commitment to fair and equitable employment opportunities
EOC Policies
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- discrimination and harassment based on any protected status: age, color, disability, gender, gender expression, gender identity, genetic information, national origin, race, religion, sex, sexual orientation, or veteran status
- sexual assault or sexual violence
- sexual exploitation
- interpersonal (relationship) violence
- stalking
- complicity for knowingly assisting in an act that violates the policies
- retaliation for a person’s good faith participation in the reporting, investigation and/or adjudication of violations of the Policy
View a Quick Reference Guide for assistance in emergency situations regarding incidents of sexual assault or sexual violence, interpersonal (relationship) violence, and stalking and a Comprehensive Resource Guide with more details about each resource, including preservation of evidence.
You’re encouraged to report incidents to one of the offices or staff members below for the option to address the incident under the University’s policy and/or to seek interim measures.
reportandresponse@unc.edu | 919-966-3576
Federal law – principally the Family Education Rights and Privacy Act of 1974 (FERPA) – prohibits the release of Title IX investigation and adjudication records. The Office of Civil Rights Dear Colleague Letter also reminds universities of their obligation to protect the privacy rights of students. While students in our process and their attorneys may make public statements, we must protect our students’ privacy rights. This means we do not provide information in response to public information or news media questions.
For any report under this policy, every effort will be made to respect and safeguard the privacy interests of all individuals involved in a manner consistent with the need for a careful assessment of the allegation and any necessary steps to eliminate the conduct, prevent its recurrence, and address its effects. Privacy and confidentiality have distinct meanings under this policy. Learn more >>
- Availability of and number of witnesses
- Availability of and number of attorneys involves; sometimes parties have one attorney and sometimes more than one
- Scheduling logistics for multiple people; factors for students include time away from campus during academic calendar breaks or study abroad
- If the University must request information from another off-campus agency, the timing is affected by that agency’s availability and timeline
- Delays due to the involvement of attorneys representing either party
- Requests by attorneys representing either party for a delay so additional evidence can be gathered
- Requests by a district attorney or other off-campus law enforcement agencies due to a separate criminal investigation
- Introduction of new witnesses into the campus process already under way
- An EOC investigator will schedule a time to talk with the person who reported the incident.
- The investigator will ask the person to preserve any evidence before the meeting.
- When you meet, the investigator will ask you to share information about the incident.
- You can provide the investigator with the names of witnesses.
- You can take a break at any point during the meeting.
- The meeting may last anywhere from an hour to two hours.
- A support person and/or advocate (attorney or non-attorney) can come with you to the meeting. Let the staff member know 5 days before the meeting (unless the meeting happens sooner) that someone will be joining you.
- The investigator will schedule a separate time to talk with the person responding to a report of the conduct.
- The investigator will ask the person to preserve any evidence before the meeting.
- When you meet, the investigator will ask you to share information about the incident.
- You can provide the investigator with the names of witnesses.
- You can take a break at any point during the meeting.
- The meeting may last anywhere from an hour to two hours.
- A support person and/or advocate (attorney or non-attorney) can come with you to the meeting. Let the staff member know 5 days before the meeting (unless the meeting happens sooner) that someone will be joining you.
- The investigator will contact witnesses and will schedule a time to talk with each witness.
- Similarly, the investigator will ask witnesses to share information about what they know about the incident.
- Witness interviews can range from 30 minutes to 2 hours.
- The investigator will collect any additional information and evidence.
- The investigation concludes and next steps depend on the particular procedures used.
Through the April 2011 Dear Colleague Letter, the Office of Civil Rights required universities to institute an internal campus process to give students an additional option to the already existing criminal process.
Federal law requires that we complete our investigation and adjudicate these cases even when criminal investigations are pending.
You can choose either option or both.
There are many differences, ranging from terminology to the required standard of proof. The information below compares the criminal process to the University’s process.
Title IX Process | Criminal Proceeding |
Policy | Law |
Violation | Crime |
Information | Evidence |
Reporting party | Victim |
Responding party | Perpetrator, defendant, suspect |
Hearing (do not allow direct cross-examination) | Trial (with direct cross-examination) |
Hearing panel of trained volunteers | Judge and jury |
The two processes also each have differing tools available to conduct an investigation and protect reporting and responding parties.
Title IX Process | Criminal Proceeding |
No ability to subpoena witnesses or compel information | Has subpoena authority to compel witnesses and gather evidence |
Can provide interim protective measures, such as housing changes and academic accommodations | Cannot provide protective measures on campus |
Another major difference is the standard of proof for each side, or the level of proof required to be reached for a conclusion based on the available evidence or information.
Title IX Process | Criminal Proceeding |
50.1 percent (“more likely than not”) | Beyond a reasonable doubt |
Finally, the sanctions each process can apply are substantially different.
Title IX Process | Criminal Proceeding |
Suspension, dismissal, expulsion | Probation, imprisonment |
Attorneys
The adjudication process for addressing violations of the Policy prioritizes student safety, well-being, development, and education. While these proceedings may result in the imposition of sanctions in appropriate cases, this emphasis upon student safety, well-being, development, and education distinguishes these campus-based processes from criminal or civil legal proceedings. Proceedings pursuant to the Policy do not result in a determination of whether a crime has occurred; such determinations can be made only by the criminal justice system. Consistent with these student-focused concerns, proceedings held in accordance with the Policy remain non-adversarial; reflect community values, University policies, and Board of Governors standards; and provide for the respect and consideration of all participants. More specifically, this means that when scheduling meetings and hearing dates, the University will make reasonable efforts to accommodate an attorney or non-attorney advocate; however, the availability of students, witnesses, the hearing coordinator, panel members, and other necessary participants, as well as the need to promptly complete the meeting or the hearing may, in the University’s discretion, take priority when determining the date and time for a meeting or hearing. Additionally, an attorney or non-attorney advocate may not delay, disrupt, or otherwise interfere with a meeting or hearing. Finally, the University may at all times correspond directly with the student. It is the student’s responsibility to communicate and share information with the attorney or non-attorney advocate.
In order for an attorney or non-attorney advocate to participate in a hearing, the student and the attorney or non-attorney advocate must complete and submit an informational form and a Family Educational Rights and Privacy Act release to the hearing coordinator no later than five (5) business days prior to the hearing. These forms are available here. The attorney or non-attorney advocate must also meet with the hearing coordinator in advance of any participation in the proceedings to understand the expectations of the role, privacy, and appropriate decorum. If these steps are not completed in the timeframes required by the University, the University may, in its discretion, determine an appropriate remedy, up to and including denying the participation of the attorney or non-attorney advocate.
An attorney or non-attorney advocate may fully participate in the proceedings to the same extent and in the same manner afforded to the student represented by the attorney or non-attorney. See UNC Policy Manual Regulation 700.4.1.1[R]. In particular, a student may request that the student’s attorney or non-attorney advocate do any or all of the following at a hearing:
- Provide legal advice to the student during the hearing
- Make opening and closing statements
- Submit questions to the Hearing Chair to pose to the other party
- Question the University Investigator and
- Question witnesses, however, the Hearing Chair has the discretion to determine that the questions will be submitted to the Hearing Chair in cases where the Hearing Chair determines that questioning by the parties will be unduly intimidating or burdensome to a witness
The University does not permit either party to question the other during hearings to adjudicate harassment or discrimination matters because the University recognizes that it may be traumatic for one party to have to interact directly with the other. Additionally, the Department of Education’s Office for Civil Rights (“OCR”) stated in its April 4, 2011 Dear Colleague Letter that “OCR strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing. Allowing an alleged perpetrator to question an alleged victim directly may be traumatic or intimidating, thereby possibly escalating or perpetuating a hostile environment.”As previously noted, an attorney or non-attorney advocate may participate in a hearing to the same extent and in the same manner afforded to the student the attorney or non-attorney advocate represents. Because students may not directly question one another, their attorneys also may not question the other party.
You may wish to review the following resources:
- Role of the Support Person, Attorney, and Non-Attorney Advocate
- UNC Chapel Hill Policy on Prohibited Discrimination, Harassment and Related Misconduct Including Sexual and Gender-Based Harassment, Sexual Violence, Interpersonal Violence and Stalking
- UNC Chapel Hill Policy on Prohibited Sexual Harassment under Title IX
- Department of Education Office for Civil Rights, Dear Colleague Letter: Sexual Violence, April 4, 2011
- Department of Education Office for Civil Rights, Questions and Answers on Title IX and Sexual Violence, April 29, 2014
Responsible Employees
Accommodations for Employees with Disabilities
- (A) a physical or mental impairment that substantially limits one or more major life activities of such individual
- (B) a record of such an impairment
- (C) being regarded as having such an impairment or
- (D) an impairment that is episodic or in remission if it substantially limits a major life activity when it is active.
- Making existing facilities readily accessible to and usable by persons with disabilities
- Job restructuring, modifying work schedules, reassignment to a vacant position or
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
Veteran Resources
- The Office of the Dean of Students has information for student veteran resources. Learn more. >>
- The Office of Human Resources has information for employees and prospective employees. Learn more >>
Stay tuned for more information and new resources!
Training and Education
Miscellaneous