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 seeks to comply with all federal, state, and local laws, regulations, and ordinances prohibiting sex discrimination in public post-secondary education institutions. The College does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of actual or perceived 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.
The College also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process internal or external to the institution. Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by the College policy.
Any member of the Forsyth Tech community whose acts deny, deprive, unreasonably interfere with or limit the education or employment, and/or social access, benefits, and/or opportunities of any member of the Forsyth Tech community, guest, or visitor on the basis of that person’s actual or perceived 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 the Title IX 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.
A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination, sex-based harassment, or retaliation under the Policy; or a person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct under the Policy and who was participating or attempting to participate in Forsyth Tech’s education program or activity at the time of the alleged sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct.
An oral or written request to Forsyth Tech that can objectively be understood as a request for Forsyth Tech to investigate and make a determination about the alleged Policy violation(s).
- An employee whose communications are privileged or confidential under federal or state law. The employee’s confidential status, for purposes of this definition, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies; or
- An employee whom Forsyth Tech has designated as confidential under this Policy for the purpose of providing services to persons related to sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct. If the employee also has a duty not associated with providing those services, the employee’s confidential status only applies with respect to information received about sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct in connection with providing those services; or
- An employee who is conducting an Institutional Review Board-approved human-subjects research study designed to gather information about sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct. The employee’s confidential status only applies with respect to information received while conducting the study.
A business day when the College is in normal operation. All references in the Policy to days refer to business days unless specifically noted as calendar days.
The person or panel who reviews evidence, determines relevance, and makes the Final Determination of whether Policy has been violated and/or assigns sanctions.
Locations, events, or circumstances where Forsyth Tech exercises substantial control over the context in which the sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct occurs and also includes any building owned or controlled by a student organization that Forsyth Tech officially recognizes.
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”).
A resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a Final Determination in the Resolution Process.
The Investigator’s summary of all relevant evidence gathered during the investigation. Variations include the Draft Investigation Report and the Final Investigation Report.
The person(s) authorized by Forsyth Tech to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report.
When Forsyth Tech receives Notice of conduct that reasonably may constitute sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct in its Education Program or Activity.
When an employee, student, or third party informs the Title IX Coordinator of the alleged occurrence of sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct.
The Complainant(s) and Respondent(s), collectively.
Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, or recovery therefrom.
Evidence that may aid a Decision-maker in determining whether the alleged sex discrimination, sex-based harassment, retaliation, or Other Prohibited Conduct occurred, or in determining the credibility of the Parties or witnesses.
Typically, post-resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore or preserve equal access to Forsyth Tech’s Education Program and Activity.
The investigation and resolution of allegations of prohibited conduct under this Policy, including Informal Resolution or Administrative Resolution.
A person who is alleged to have engaged in conduct that could constitute sex discrimination, sex-based harassment, retaliation for engaging in a protected activity under this Policy, or Other Prohibited Conduct.
A consequence imposed on a Respondent who is found to have violated this Policy.
Sex assigned at birth, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
Any person who has gained admission.
At least one official designated by Forsyth Tech to ensure ultimate oversight of compliance with Title IX and Forsyth Tech’s Title IX program. References to the Coordinator throughout the Policy may also encompass a designee of the Coordinator for specific tasks.
The Title IX Coordinator, any deputy coordinators, and any member of the Resolution 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