What is Title IX?
Although Title IX is commonly associated with sex-based discrimination in athletics, the law is much broader. Title IX of the Education Amendments of 1972 is a federal law that provides:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance.”
Title IX prohibits sex discrimination in all university programs and activities, including but not limited to, admissions, recruiting, financial aid, academic programs, student services, counseling and guidance, discipline, class assignment, grading, recreation, athletics, housing, and employment.
Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX, as outlined in the U.S. Department of Education’s Dear Colleague Letter, 2011. Title IX also prohibits retaliation against people for making or participating in complaints of sex discrimination, see U.S. Department of Education, Dear Colleague Letter, 2011.
For more information about Title IX, visit the U.S. Department of Education’s website.
Sexual Misconduct Policy
I. Sexual Harassment Policy
Forsyth Tech is committed to promoting an atmosphere in which all members of the college – faculty, staff and students – may work free of sexual harassment and provides for an orderly resolution of complaints of sexual harassment. All members of the College are expected and requested to conduct themselves in such a way that contributes to an atmosphere free of sexual harassment. Sexual harassment of any employee or student is a violation of the policies of the College, as well as state and federal law, and will not be tolerated. Anyone who violates this policy will be disciplined in accordance with appropriate disciplinary procedures. Sexual harassment is defined as deliberate, unsolicited, unwelcome verbal and/or physical conduct of a sexual nature or with sexual implications made by any employee or student when:
- Submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic or student status.
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or decisions regarding a receipt of grades affecting that individual.
- Such conduct has the purpose or effect of interfering with an individual’s performance or creating an intimidating, hostile or offensive environment in the workplace or the classroom.
Any student or employee who believes that he or she has been subjected to sexual harassment in violation of this policy should file a confidential complaint to the vice president of Student Services or the director of Human Resources for employees. An investigation of these allegations will be conducted promptly and appropriate action taken.
Sexually harassing behavior may include offensive sexual flirtation, advances, propositions; continued or repeated abuse of a sexual nature; graphic verbal commentary about an individual’s body; sexually degrading words used to describe an individual; and the display in the workplace or on campus of sexually suggestive objects or pictures.
II. Definition of Consent
Consent is an understandable exchange of affirmative actions or words which indicate an active, knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent is not freely given when it is in response to force or threat of force or when a person is incapacitated by the (voluntary or involuntary) use of drugs or alcohol or when the person is otherwise physically helpless and the person performing the act knows or should reasonably know that the other person is incapacitated or otherwise physically helpless. A person is not required to physically resist sexual conduct in order to show lack of consent. Past consent for sexual activity does not imply ongoing future consent.
- Consent is ongoing and continuous.
- Sexual activity without consent is sexual assault or rape.
- Consent must be willing. The decision to have any type of sexual behavior must be free of force. Both partners must be free to make their own decision and have the option of whether or not to be intimate. Force can be either physical or emotional. Examples of physical force include kidnapping, using weapons, holding someone down or taking advantage of someone when they are incapacitated due to drug or alcohol use. Examples of emotional force include threats, peer pressure, blackmail, guilt or coercion.
- An individual who is incapacitated is unable to give consent to sexual contact. States of incapacitation include sleep, unconsciousness, intermittent consciousness, or any other state where the individual is unaware that sexual contact is occurring. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact.
- Consent can only happen when everyone participating is of legal age to consent to sexual activity. The age of consent in North Carolina is 16 years old.
III. Definition of Sexual Misconduct
“Sexual Misconduct” means any unwelcome conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without Consent. Sexual Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by men or by women, and it can occur between people of the same or different sex. Sexual Misconduct also includes complicity in Sexual Misconduct. The College encourages reporting of all Sexual Misconduct. Sexual Misconduct includes but is not limited to the following: Dating Violence; Domestic Violence; Non-forcible Sex Acts; Sexual Assault; Sexual Exploitation; Sexual Harassment; and Stalking.
Please refer to the College’s Sexual Misconduct Procedures for detailed definitions of the capitalized terms above, including “Consent.”
IV. Policy Statements and Overview of Procedures
- Forsyth Technical Community College is committed to maintaining and strengthening an environment founded on civility and respect. The College is committed to providing programs, activities, and an educational environment free from sex discrimination. To that end, the College prohibits Sexual Misconduct, as that term is defined above.The College also is committed to fostering a community that promotes prompt reporting of all types of Sexual Misconduct and timely and fair resolution of Sexual Misconduct allegations. The College has appointed a Title IX Coordinator, established grievance procedures (the College’s Sexual Misconduct Procedures) for the handling of allegations of Sexual Misconduct, and developed Sexual Misconduct-related education and training programs.
- The College’s Sexual Misconduct Procedures provide instructions and related information for the reporting of Sexual Misconduct, definitions of prohibited conduct, and information regarding resources available for victims of Sexual Misconduct. They also include procedures for the investigation and resolution of Sexual Misconduct allegations and address disciplinary measures available for perpetrators of Sexual Misconduct. This Policy and Forsyth Technical Community College’s Sexual Misconduct Procedures apply to any allegation of Sexual Misconduct made by or against a student or an employee of the College or a third party, regardless of where the alleged Sexual Misconduct occurred, if the conduct giving rise to the Complaint is related to the College’s academic, educational, or extracurricular programs or activities. (The College’s disciplinary authority, however, may not extend to third parties who are not students or employees of the College.) In the case of allegations of Sexual Misconduct, the Sexual Misconduct Procedures supersede all other procedures and policies set forth in other College documents or policy.
Unlawful Discriminatory Behaviors under Title IX
Unlawful discriminatory behaviors under Title IX include, but are not limited to:
- Sexual Harassment (unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature);
- Sexual Misconduct (rape, sexual assault, sexual battery, sexual exploitation and other forms of non-consensual sexual activity);
- Stalking (repeatedly following, harassing, threatening, or intimidating including by telephone, email, electronic communication, or social media);
- Dating Violence (including emotional, verbal, and economic abuse without the presence of physical abuse); and
- Retaliation (adverse employment, academic, or other actions against anyone reporting or participating in an investigation of Title IX allegations).
The following are examples of types of conduct that may constitute sexual harassment:
- Inappropriate touching, patting, or pinching
- Physical assault or coerced sexual activity
- Demands or subtle pressure for sexual favors
- Unwanted phone calls, texts, email, or gestures
How to File a Title IX Complaint
If you experience sexual discrimination, harassment, or violence, you have rights and you have options. Title IX and Forsyth Technical Community Colleges Resources exist to help you get the support you need. Whether you are a student, faculty member, staff member, or guest, you have the right to file a complaint through the College and/or explore other options.
Any person (student, faculty, staff, or guest) who believes that discriminatory practices have been engaged in based upon gender may discuss these concerns and file informal or formal complaints of possible violations of Title IX (in the case of emergencies on main campus please call x7911):
College Resources/ Reporting Stations
- Campus Police or Campus security officers are located on all campuses and is available by phone on the main campus at 7911. College law enforcement and security officers are available during operation hours.
- Student Conduct and Civility is located in the Robert L. Strickland Center, Room 2416, inside of Student Success Center and is available by phone at 336.757.3431. Forsyth Technical Community College’s Title IX Coordinator is Tony McKinnon, whose office is located in Room 2416 of the Robert L. Strickland Center.
- Office of Human Resources is located in Allman Building and is available by phone at 336.734.7302. The office is staffed from 8:00 a.m. until 5:00 p.m. Monday through Friday.
- Counseling Services is located on main campuses and is available by phone at 336.757.3431. The Centers are staffed from 8:00 a.m. until 5:00 p.m. Monday through Friday.
- Shugarts Womens Center is located in room 206 in Hauser Hall. This office is staffed from 8:00am until 5:00pm. Monday through Friday.
Forsyth Technical Community College Title IX/Program Awareness Training
The college’s sexual misconduct-related training for faculty, staff, and students addresses numerous issues, including but not limited to the following:
- Types of sexual misconduct
- Resources for victims of sexual misconduct
- The College’s Sexual Misconduct Policy and Procedures
- Reporting sexual misconduct
- Bystander intervention
- Responding to complaints
- Avoiding retaliation
- Maintaining a respectful work environment
Bystander intervention Training for employees only can be found inside of the Safe Colleges Training Program under the Social and Behavioral section within TechLink.
Recognitions of signs of abusive behavior training for employees only can be found inside of the Safe Colleges Training Program under the Social and Behavioral section within TechLink.
Preventing Date Rape and Sexual Assault
First, remember that date and acquaintance rape does occur! Most students who are raped or sexually assaulted don’t report it. They fear publicity, blame, disbelief or reprisals – especially if they know their attacker(s). Dates and acquaintances commit most college sexual assaults.
- Know whom you are dating before the date. If this person is somewhat of a stranger, stay in well-populated areas.
- Avoid those people who ignore you, pretend not to hear you, talk over you or are hostile in disagreement.
- Avoid those people who stare at the sexual parts of your body and invade your personal space by unwanted touching or making you feel uncomfortable.
- Let a friend or family member know where you will be on the date and what time you plan to return.
- Don’t use drugs or alcohol on dates.
- Clearly communicate your sexual limits to your partner. Say “no” forcefully if pressured for unwanted sex.
- If “no” doesn’t work, try to get away by running and screaming for help.
- If you don’t feel safe walking to your vehicle, contact Public Safety or walk with classmates.
Know what to do if you are sexually assaulted:
- Report the crime to Campus Police or a law enforcement agency.
- Get medical attention. The physician should collect specimens and make detailed notes about the physical evidence, such as bruises, cuts, torn clothing and traces of semen. You should be tested later for pregnancy, sexually transmitted diseases and HIV.
- Don’t wash or change clothes – you could destroy evidence.
- Contact a rape crisis or counseling center.
- Forsyth Tech prohibits sexual violence or any other criminal offenses against its campus community to include: students, employees and visitors. Victims of any crimes are encouraged to report it to Campus Police or local law enforcement in their jurisdiction.
- Crimes reported to Campus Police will be fully investigated with additional internal or external assistance, if needed.
- Domestic violence – asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
- Dating violence – violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
- Stalking – a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his or others’ safety, or to suffer substantial emotional distress.
- Rape – The new definition of rape is: “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
- R.A.D. (Rape Aggression Defense) Systems Inc. is a program specifically designed for women who are willing to consider defense as a viable option, in situations where their life is in jeopardy.
- Rape Aggression Defense means “Defense Against Abduction.”
- R.A.D. is a program that is designed to help women overcome the effects of sexual harassment and sexual violence by teaching assertiveness, awareness, risk reduction, risk recognition, avoidance and physical defense strategies.
- The class is approximately nine hours long and includes both instruction and demonstration/practice of basic self-defense techniques.
- Students will be given an opportunity to do an optional simulation scenario upon completion of the course. We do not certify the students upon completion of the class.
- If you want to participate in a class, or you have any questions, please contact us via telephone at 336.734.7243 or email Robin gay at firstname.lastname@example.org. You may also sign up in the Campus Police Office.
- You will need to include your full name, address, telephone number, email address and if you have a daughter over the age of 16 that you want to participate with you.
- Keep in mind that class space is limited and there may not be space available. However, we will keep your contact information on file and as we schedule more classes, we will try to get to everyone. If you are chosen to participate in a class, you will receive a confirmation letter either by mail or email.
Important Guidelines When Reporting a Crime or Incident on Campus
Listed below is important information that will assist you here at the college and in your everyday activities when reporting information to law enforcement:
- Location of Incident – exact location if known, building, room number, parking lot, direction of travel, etc.
- What is the emergency or purpose for assistance – medical assistance problem of the victim, conscious or not etc., suspicious person/package, vehicle unlock, motorist assistance, etc. Public Safety/law enforcement need to know what the incident or problem is so we can act/respond accordingly.
- Description of an individual – race, gender, approximate height, approximate weight, clothing, special features (ex. moustache, bald head, accent, any distinguishing feature that will help identify someone).
- Description of a vehicle – make, model, color, tag number, and distinguishing feature that will help identify the vehicle (ex. stickers, missing hubcap, loud muffler, etc.).
- Campus Police/Law Enforcement response – officer(s) arriving at the scene of emergency/incident need certain information. If there is a suspect in an incident, the officer(s) need information described above, 1 – 4. This information can then be passed onto other Public Safety personnel/other law enforcement agencies to assist in the locating process.
- Reporting person/caller response – It is very important that steps 1 – 4 are followed. Public Safety at times will need to speak with the individual reporting an emergency/incident or the individual who actually observed what happened. Often there will be a report that will be completed by the officer(s), and the information needed for the report has to come from the reporting person or an actual witness. Second-hand information, at times, may help, but information gets distorted after being passed from person-to-person. It is also very important to report the emergency/incident immediately and not wait until you exit campus or wait days/weeks later.
The goal of the Forsyth Technical Community College Campus Police Department is to provide service, safety and security to the entire college community.
Crime Awareness and Campus Security Act Of 1990/Clery Act
In accordance with the Campus Security/Clery Act, U.S. Public Law 101-542, the following information is submitted for Forsyth Technical Community College.
- The Campus Security/Clery Act was amended in 2000 to require schools beginning in 2003 to notify the campus community about where public “Megan’s Law” information about registered sex offenders on campus could be obtained.
- This information can be obtained at the North Carolina State Bureau of Investigations website at: http://sexoffender.ncsbi.gov. Go to the North Carolina Sex Offender & Public Protection Registry and follow the listed instructions.
- If there are any questions, please contact the Forsyth Technical Community College Campus Police Department.
Annual Crime Statistics
- Main Campus
- Northwest Center
- Stokes County Center
- Swisher Center
- Transportation Center
- West Campus
- Woodruff Center
Notice of Nondiscrimination:
As a recipient of federal funds, Forsyth Technical Community College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities. Forsyth Technical Community College does not discriminate on the basis of sex in its educational programs or activities, including in the context of admission or employment. Inquiries concerning the application of Title IX may be referred to Forsyth Technical Community College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. Forsyth Technical Community College’s Title IX Coordinator is Tony McKinnon whose office is in the Robert L. Strickland Center, Room 2416. This office can be contacted by phone at 336-757-3431 or by email at email@example.com.