Title IX: Know Your Rights
What is Title IX?
Title IX is a federal law that prohibits sexual discrimination, harassment, and violence in education. It reads:
“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 education program or activity receiving Federal financial assistance.”
– Title IX of the Education Amendments of 1972
Title IX at Forysth Tech
Notice of Nondiscrimination
Forsyth Technical Community College, also known as “Forsyth Tech” or “the College”, adheres to all federal, state, and local civil rights laws prohibiting discrimination in employment and education. The College does not discriminate in its admissions practices (except as permitted by law), in its employment practices, or in its educational programs or activities on the basis of sex.
As a recipient of federal financial assistance for education activities, the College is required by Title IX of the Education Amendments of 1972 to ensure that all of its education programs and activities do not discriminate on the basis of sex. Sex includes sex, sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or parenting status. Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and/or by the College policy.
Any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational, employment, residential, or social access, opportunities and/or benefits of any member of the College community on the basis of sex is in violation of the Title IX Policy.
The College values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all those involved.
When the Respondent is a member of the College community, a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the College community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, and volunteers.
For the purpose of this policy, the College refers to “student” as an individual moved to the status of student by Admissions and eligible to register for courses, an individual registered for a credit or non-credit bearing course, an individual enrolled in a credit or non-credit bearing course, and who maintains an ongoing relationship with the College.
The procedures below may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this policy.
For more information on Title IX at Forsyth Tech and to view the full policy, visit: Prohibited Sex Discrimination, Sex-Based Harassment, and Retaliation Policy.
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.
Individuals who believe they have experienced sex discrimination, harassment, and/or retaliation in violation of the College’s policy can make a report online at Report It Page. Any person may report sex discrimination (whether or not the person reporting is the person alleged to have experienced the conduct).
One may also report in person, by mail, by telephone, by video, or by email, using the contact information listed for the Title IX Coordinator. A report may be made at any time (including during non-business hours) by email and telephone. The Title IX Coordinator, Title IX Deputy Coordinators or Campus police can also be contacted. The 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.
Title IX Coordinator
Tony McKinnon
336.757.3431
2100 Silas Creek Parkway
Winston-Salem, NC 27103
Robert L. Strickland Center, Suite 2314-2020
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:
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- 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
Glossary
(as applicable to the Title IX Policy)
A person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
An individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.
A document signed by a Complainant or signed by the Title IX Coordinator alleging harassment or discrimination based on a protected class or retaliation for engaging in a protected activity against a Respondent and requesting that Forsyth Tech investigates the allegation.
An employee who is not a Mandated Reporter of notice of harassment, discrimination, and/or retaliation, irrespective of Clery Act Campus Security Authority status.
A business day when the College is in normal operation.
Evidence connected to the complaint but is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and will not be relied upon by the investigation report.
Locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized the College.
A person employed by Forsyth Tech either full- or part-time, including student employees when acting within the scope of their employment.
A conclusion by the standard of proof that the alleged conduct did or did not violate policy.
A conclusion by the standard of proof that the conduct did or did not occur as alleged as in a “finding of fact”).
“Process A,” a method of formal resolution designated by the College to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations (34 CFR §106.45).
Any investigators, hearing officers, appeal officers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same case).
Those who have decision-making and sanctioning authority within the College’s Formal Grievance process.
The person or persons charged by the College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly related evidence.
An employee of the College who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator and/or their supervisor.
An employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.
An employee of the College explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the College.
The Complainant(s) and Respondent(s), collectively.
The Formal Grievance Process detailed below and defined above.
The administrative resolution procedures as detailed in Appendix D that apply only when Process A does not, as determination by the Title IX Coordinator.
Evidence that tends to prove or disprove an issue in the complaint.
Post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to Forsyth Tech’s educational program.
The result of an informal or Formal Grievance Process.
An individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.
A consequence imposed by the College on a Respondent who is found to have violated this policy.
The umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence. https://hr.unm.edu/training/sh-cr-newhire/sh_180.html
Any person who has gained admission
At least one official designated by Forsyth Tech to ensure compliance with Title IX and the College’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.
The Title IX Coordinator, Deputy Coordinators, Investigators, and any member of the Grievance Process Pool.
Title IX Training Resources & Program Awareness Training
Mandated Reporter is a required training for all employees unless otherwise designated as a confidential resource, and can be found inside of the Safe Colleges section within TechLink.
All materials used to train the College’s Title IX Team including Coordinators, Investigators, Decision Makers, and Advisors are provided by the Association of Title IX Administrators (ATIXA) and can be found here: ATIXA Training Materials