Approved by the Board of Trustees October 13, 2020.
1.01 Notice of Nondiscrimination
Carteret Community College (“Carteret CC”), in compliance with and as required by Title IX of the Education Amendments Act of 1972 and its implementing regulations (“Title IX”) and other civil rights laws, as well as in furtherance of its own values as a higher education institution, does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender, gender identity, gender expression, pregnancy, disability, age, religion, veteran status, or any other characteristic or status protected by applicable local, state, or federal law in admission, treatment, or access to, or employment in, its programs and activities.
Discrimination and harassment are opposing to the values and standards of Carteret CC; are incompatible with the safe, healthy environment that our College community expects and deserves and will not be tolerated. Carteret CC is committed to providing programs, activities, and an education and work environment free from discrimination and harassment. The College is also committed to fostering a community that promotes prompt reporting and fair and timely resolution of those behaviors.
Inquiries concerning discrimination or harassment on the basis of sex may be referred to CCC’s Title IX Coordinator.
Inquiries concerning discrimination or harassment based on a protected characteristic or status other than sex may be referred to Dean of Student Services (for students) or the Director of Human Resources (for employees).
Individuals may also make inquiries regarding discrimination or harassment to the U.S. Department of Education’s Office for Civil Rights by contacting the District of Columbia Office, 400 Maryland Avenue, SW, Washington, D.C. 20202-1475; Phone 800-421-3481; email: OCR@ed.gov.
1.02 Prohibition on Sex Discrimination and Harassment, Retaliation, and Providing False Information or Interfering with a Grievance Process
This Policy prohibits discrimination and harassment on the basis of sex. Carteret CC strongly encourages the prompt reporting of, and is committed to timely and fair resolution of, complaints of sex discrimination and harassment.
Sexual Harassment, as defined by Title IX and herein, is a specific type of sex discrimination/harassment that includes Sexual Assault, Dating Violence, Domestic Violence, and Stalking and that Carteret CC addresses using its Title IX Sexual Harassment Grievance Procedures, as required by Title IX.
This Policy also prohibits Retaliation, as defined by Title IX and herein. Complaints alleging Retaliation may be filed with the Title IX Coordinator and, at the discretion of the Title IX Coordinator, may be addressed under the College’s Title IX Sexual Harassment Grievance Procedures or other grievance procedures adopted by CCC.
Additionally, any individual who knowingly files a false Formal Complaint or who interferes with a Carteret CC grievance process may be subject to disciplinary action. Interference with a grievance process may include, but is not limited to, attempting to coerce, compel, or prevent an individual from providing testimony or relevant information; removing, destroying, or altering documentation relevant to an investigation; or providing false or misleading information to Carteret CC officials who are involved in the investigation and/or resolution of a Formal Complaint, or encouraging others to do so.
1.03 Reporting and Period of Limitations
Any person (whether or not alleged to be the victim) may report sex discrimination or harassment, including Sexual Harassment, in person, by mail, by telephone, or by electronic mail, using the contact information for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours). The College strongly encourages all employees and other members of Carteret CC to promptly report concerns regarding suspected or known discrimination/harassment on the basis of sex to the Title IX Coordinator.
In addition to the Title IX Coordinator, Carteret CC has designated the following employees as individuals with the authority to institute corrective measures on behalf of the College: President, Vice Presidents, Deans, Program Chairs, Directors, Department Heads, and Human Resources Personnel. Accordingly, these employees are required to report discrimination and harassment on the basis of sex to the Title IX Coordinator.
Additionally, the College has designated licensed professional counselors, licensed clinical social workers, and licensed psychologist, whom are providing personal counseling services to students, as a confidential resource.
Information about sex discrimination or harassment shared with these confidential resources typically will not be reported to other Carteret CC personnel (including the Title IX Coordinator), to the Respondent, or to others, unless the disclosing individual gives their consent to the disclosure or the law requires it (as may be the case with abuse involving a minor or under conditions involving imminent physical harm, for example). (Confidential resources may report non-identifying statistical information to the Title IX Coordinator for record keeping and compliance purposes.)
Carteret CC will address allegations of sex discrimination and harassment appropriately no matter the length of time that has passed since the alleged conduct. However, Carteret CC strongly encourages prompt reporting to preserve evidence for a potential legal or disciplinary proceeding. Delay may compromise the ability to investigate, particularly if the individuals involved in the alleged conduct are no longer students or employees at the College.
1.04 Applicability of Policy and Grievance Procedures
This Policy applies to any allegation of sex discrimination or harassment made by or against a student or an employee of Carteret CC or a third party, regardless of sex, sexual orientation, sexual identity, gender expression, or gender identity.
The Title IX Sexual Harassment Grievance Procedures apply only to allegations of Sexual Harassment in a Carteret CC Education Program or Activity (as defined herein).
The College will address allegations of other types of sexual harassment (i.e., that do not meet the definition of Title IX Sexual Harassment) by: (1) using other student and employee conduct disciplinary procedures deemed appropriate by the Title IX Coordinator in consultation with other Carteret CC administrators; and/or (2) with Supportive Measures, which are defined and discussed in more detail herein.
And, at the discretion of the Title Coordinator, to related allegations of Retaliation.
1.05 Rights of Parents
When a student Complainant or Respondent is a minor or has a guardian appointed and their parent or guardian has the legal right to act on the student’s behalf, then the parent or guardian may file a Formal Complaint on behalf of the student, although the student would be the “Complainant.” In such a situation, the parent or guardian may exercise the rights granted to the student under this Policy, including requesting Supportive Measures and participating in a grievance process. Similarly, the parent or guardian may accompany the student to meetings, interviews, and hearings during a grievance process to exercise rights on behalf of the student, while the student’s Advisor of choice may be a different person from the parent or guardian. Whether or not a parent or guardian has the legal right to act on behalf of an individual would be determined by state law, court orders, child custody arrangements, or other sources granting legal rights to parents or guardians.
Additionally, FERPA and its implementing regulations address the circumstances under which a parent or guardian is permitted to inspect and review a student’s education records. However, in circumstances in which FERPA would not grant a party the opportunity to inspect and review evidence in connection with a grievance process, pursuant to Title IX and its implementing regulations, the student has an opportunity to do so, and a parent or guardian who has a legal right to act on behalf of the student has the same opportunity.