Catawba College is committed to providing equal opportunities for all students, employees, applicants for student admission and applicants for employment regardless of sex, sexual orientation, or gender identity, unless allowed by law and deemed necessary to the operation of the College.
Catawba College Title IX Policy
I. Introduction and Statement of Purpose
Catawba College is committed to maintaining an educational and working environment free from discrimination based on sex, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking. The College does not discriminate on the basis of sex in its education programs and activities, including admissions and employment, as required by Title IX of the Education Amendments of 1972, SACSCOC principles, and federal law.
This policy is designed to comply with the requirements of:
- Title IX of the Education Amendments of 1972
- Violence Against Women Reauthorization Act of 2013 (VAWA)
- Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
- SACSCOC Principles of Accreditation (particularly 12.4 and 13.7)
- Title VII of the Civil Rights Act of 1964
- All applicable OCR guidance and federal regulations
II. Notice of Non-Discrimination
Catawba College does not discriminate on the basis of sex, gender, gender identity, gender expression, sexual orientation, or pregnancy in its programs and activities. Questions regarding Title IX may be referred to the College's Title IX Coordinator or to the U.S. Department of Education's Office for Civil Rights:
Daryl Bruner, Title IX Coordinator
drbruner16@catawba.edu
704.637.4175
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1475
OCR.DC@ed.gov
202.453.6020
III. Scope and Jurisdiction
This policy applies to all members of the Catawba College community, including students, faculty, staff, administrators, volunteers, vendors, independent contractors, visitors, and any individuals regularly or temporarily employed, studying, living, visiting, conducting business, or having any official capacity with the College.
The College will address reports of prohibited conduct when:
- The College has actual knowledge of sexual harassment
- The conduct occurred within the College's education program or activity
- The conduct occurred against a person in the United States
This policy applies to conduct occurring:
- On Catawba College campus or other property owned or controlled by the College
- In the context of any College-sponsored or College-related program or activity, regardless of location
- Through the use of College-owned or College-provided technology resources
- When the conduct has continuing adverse effects on a member of the College community
IV. Definitions
Sexual Harassment
Sexual harassment is conduct on the basis of sex that satisfies one or more of the following:
- An employee conditioning educational or employment benefits on participation in unwelcome sexual conduct (quid pro quo)
- Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an educational program or activity
- Sexual assault, dating violence, domestic violence, or stalking
Complainant
An individual who is alleged to have experienced harm or is alleged to be a victim or survivor of prohibited conduct under the Title IX Policy.
Respondent
An individual who is alleged to have been involved in an incident of prohibited conduct covered under the Title Policy
Sexual Assault
Sexual assault includes any sexual act directed against another person without their consent, including instances where the person is incapable of giving consent.
Dating Violence
Violence committed by a person who is or has been in a romantic or intimate relationship with the victim.
Domestic Violence
Violence committed by a current or former spouse, intimate partner, co-parent, cohabitant, or similar person.
Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress.
Consent
Clear, voluntary, and unambiguous agreement, expressed in mutually understandable words or actions, to engage in a specific sexual activity. Consent can be withdrawn at any time.
Actual Knowledge
Notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or any official who has authority to institute corrective measures.
Education Program or Activity
Locations, events, or circumstances over which the College exercises substantial control over both the respondent and the context in which the sexual harassment occurs.
Formal Complaint
A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment and requesting investigation.
V. Title IX Personnel and Independence
A. Title IX Coordinator
The Title IX Coordinator oversees the College's compliance with Title IX and coordinates the College's response to all reports of prohibited conduct under this policy. The Coordinator must not have a conflict of interest or bias for or against complainants or respondents generally or specific complainants or respondents.
Daryl Bruner, Title IX Coordinator
Drbruner16@catawba.edu
704.637.4175
Dr. Learie Nurse, Deputy Title IX Coordinator
lnurse@catawba.edu
704.637.4114
Meredith Cole, Deputy Title IX Coordinator
mcole19@catawba.edu
704.637.4116
Christie Ward, Deputy Title IX Coordinator
clward@catawba.edu
704.637.4265
B. Investigators
- Must be trained in accordance with OCR requirements
- Must be free from conflicts of interest and bias
- Must maintain independence from the Title IX Coordinator and decision-makers
C. Decision-Makers
- Must be different individuals from the Title IX Coordinator and investigators
- Must receive annual training on required topics
- Must be free from conflicts of interest and bias
VI. Training Requirements
All Title IX personnel receive annual training on:
- The definition of sexual harassment
- The scope of the College's education program or activity
- How to conduct investigations and grievance procedures
- How to serve impartially
- Technology to be used at live hearings
- Issues of relevance of questions and evidence
- Rape shield protections
Training materials are:
- Publicly available on the College's website
- Free from sex stereotypes
- Promote impartial investigations
- Include trauma-informed practices
VII. Reporting and Response
A. How to Report
Reports can be made in person, by mail, by telephone, by email, or through the online reporting form to the Title IX Coordinator. Reports may be made at any time, including during non-business hours.
Catawba College encourages any individual who has experienced prohibited conduct under the Title IX Policy to seek resources and support through Catawba or the community. These include but are not limited to:
- Catawba’s Counseling Services
- Crisis Text Line – National Resource
- UWill – Telehealth Provider
B. Mandatory Reporters
All College employees, except those designated as Confidential Resources, are required to report any information they learn about possible sexual harassment or sexual misconduct to the Title IX Coordinator. By way of example only, these student interfacing/interacting positions are:
- Academic advisors
- Coaches and other athletic staff (except Athletic Trainers)
- Dean of Students Staff
- Instructional staff (faculty, lecturers’ adjuncts etc)
- Public Safety
- All Residence Life staff
C. Confidential Resources
The following positions are designated as Confidential Resources who are not required to report to the Title IX Coordinator:
- Licensed counselors in the Counseling Center
- Health services providers in Proctor Health Center
- Campus Chaplain
- Athletic Trainers
D. Time Limits on Reporting
There is no time limit for reporting sexual harassment. However, if the respondent is no longer subject to the College's jurisdiction, the ability to take action may be limited.
E. Amnesty Policy
To encourage reporting, the College provides amnesty to complainants and witnesses for minor policy violations related to the incident.
F. Initial Response
Upon receiving a report, the Title IX Coordinator will:
- Promptly contact the complainant to discuss supportive measures
- Consider the complainant's wishes regarding supportive measures
- Inform the complainant of the availability of supportive measures with or without filing a formal complaint
- Explain the process for filing a formal complaint
G. Supportive Measures
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available. These may include:
- Counseling
- Extensions of deadlines or other course-related adjustments
- Modifications of work or class schedules
- Campus escort services
- Mutual restrictions on contact between parties
- Changes in work or housing locations
- Increased security and monitoring
- Other similar measures
VIII. Grievance Process
A. Basic Requirements
The College's grievance process:
- Treats complainants and respondents equitably
- Requires objective evaluation of evidence
- Includes presumption of non-responsibility
- Establishes reasonably prompt timeframes
- Describes range of possible sanctions
- Uses preponderance of evidence standard
- Includes appeal procedures
- Lists all possible remedies
- Protects privileged information
B. Timeframes
- Initial assessment: 5 business days
- Investigation: 60 business days
- Review of evidence: 10 business days
- Review of report: 10 business days
- Hearing scheduling: Within 20 business days
- Written determination: 10 business days
- Appeal deadlines: 5 business days
C. Informal Resolution
When appropriate and with voluntary written consent from both parties, the College may facilitate an informal resolution process. Informal resolution is not available for allegations of an employee sexually harassing a student.
The informal resolution process may include:
- Mediation
- Restorative justice practices
- Negotiated agreements between parties
D. Formal Resolution
1. Investigation
- Both parties receive equal opportunity to present witnesses and evidence
- Written notice of all meetings, interviews, and hearings
- Access to all evidence directly related to the allegations
- Opportunity to review and respond to evidence and investigation report
2. Live Hearing
- Cross-examination conducted by advisors
- Decision-maker(s) must be different from the Title IX Coordinator or investigators
- Written determination of responsibility using preponderance of evidence standard
- Both parties have equal right to appeal
IX. Documentation and Record-Keeping
The College maintains for seven years:
- All investigation and determination records
- Any appeal and result
- All training materials
- All materials used to train Title IX personnel
- Records of any actions taken in response to a report
- Documentation of basis for conclusion that response was not deliberately indifferent
- Documentation of measures taken to restore or preserve equal access
- Records of supportive measures or reasons why supportive measures were not provided
X. Annual Security Report Requirements
In compliance with the Clery Act, the College includes in its Annual Security Report:
- All required crime statistics
- Policy statements
- Training program descriptions
- Preventive program descriptions
- Procedures victims should follow
- Description of rights and options
XI. Prevention and Education
The College provides regular, ongoing education and prevention programs that are:
- Culturally relevant
- Inclusive of diverse communities
- Responsive to community needs
- Informed by research
- Assessed for value and effectiveness
- Sustainable and responsive to community needs
Programs include:
- Primary prevention programs for incoming students and new employees
- Ongoing awareness campaigns
- Training for officials involved in investigation and adjudication
- Bystander intervention programs
XII. Retaliation
Retaliation against any person for making a report or participating in any proceeding under this policy is strictly prohibited and will result in disciplinary action.
XIII. Policy Review and Updates
This policy is:
- Reviewed annually
- Updated to maintain compliance with federal law and SACSCOC requirements
- Posted prominently on the College website
- Distributed annually to all students and employees
- Available in alternate formats upon request
The College maintains evidence of the implementation of all required policies, procedures, and programs.
Revised 03/2025
