Understanding UNC’s Sexual Misconduct Reporting and Response Process

Initial outreach is typically sent to the student’s @bears.unco.edu email address through Maxient, UNC’s case management system, with the subject line “UNC-Official Correspondence from the Office of Institutional Equity and Compliance.” The system allows OIEC to know whether the communication has been opened.

If OIEC doesn’t receive a response, outreach doesn’t stop with the initial email. OIEC makes at least three attempts to connect with the student using the contact information on file with UNC. Follow up may include phone calls, additional emails and text messages.

If a student does not respond after multiple attempts. OIEC will notify them that the case will be closed as inactive. Students can contact OIEC at any time in the future to reopen the case, discuss the report, share additional information, request supportive measures or learn about their options.

At any point that a student requests it. Supportive measures are provided even if a student does not want to pursue a resolution.

Supportive measures are non-disciplinary actions intended to restore or preserve a student’s full access and participation in their educational experience at UNC. These could include:

• Changes to housing assignments, class schedules, work schedules.
• Support in other university appeal processes (like a grade or tuition appeal, taking an incomplete in a course or modification to a UNC housing contract).
• No contact orders with other UNC affiliated individuals.
• UNC building access limitations or restrictions (to prevent contact between parties) like a residence hall, UNC Rec Center, the location of a student job, a UNC Dining facility, etc.
• Academic impact letters to faculty confirming that the student is working with OIEC and a request to provide flexibility regarding course deadlines or requirements.

No. In most circumstances, impacted students can choose whether and how they want to interact with OIEC. A student may choose not to respond to outreach, may decline to pursue a resolution for their report, may request support from OIEC that does not involve a resolution process or may choose to pursue a resolution option (informal agreement-based resolution or a formal grievance and investigation). Students may also change their minds and contact OIEC later to discuss their options, choose to start a resolution process, withdraw a previously filed complaint, request a different resolution process (informal to formal or formal to informal), or request that a resolution process cease.

Not always. For formal grievance investigations, Respondents are not required to participate, though their non-participation will not change whether an investigation moves forward or not. Respondents will continue to receive notifications as the investigation proceeds and information on how to participate moving forward.

For informal resolutions processes, both parties must agree to participate, so if a party declines to participate at the onset or withdraws from the informal process at any point prior to completion, that informal process will not continue.

An investigation occurs when an impacted party requests a formal grievance process. In limited circumstances, OIEC may conduct an investigation without a request from a student if the Title IX Coordinator determines it is necessary for campus safety and there is enough information in a report to effectively gather additional evidence and complete the investigation.  

Civil Rights Investigators who work in OIEC or a third-party firm hired by UNC.  

Yes. OIEC processes are administrative and separate, unique and independent from criminal investigations. OIEC investigations may take place concurrently with criminal investigations and may use some of the same evidence, but OIEC investigations are typically much faster. OIEC processes are also focused on gathering facts to determine if it is more likely than not that a UNC policy has been violated, not if a crime has been committed beyond a reasonable doubt.

OIEC does not make the final determination about whether university policy was violated or impose sanctions. Determinations of whether a UNC policy was violated are made by a designated Decision Maker. For violation of the Student Code of Conduct, a Decision Maker is either a staff member in the Dean of Students office or a Decision Maker from an independent external firm hired by UNC. For reports involving workplaces, the senior staff member (VP) or designee (AVP) over that area will be the Decision Maker.

Yes. UNC’s policies and processes apply regardless of a person’s role or status at the university. OIEC will respond to reports involving a respondent who is affiliated with UNC (regardless of an impacted party’s affiliation), although OIEC jurisdiction may depend on factors such as when and where the reported conduct occurred.

OIEC can also provide supportive measures to UNC-affiliated individuals who have experienced sexual misconduct, regardless of whether the respondent is affiliated with UNC or when the reported conduct occurred.

Any misconduct that impacts campus, regardless of individuals involved, will be addressed by OIEC or referred to the appropriate office to address if the misconduct falls outside OIEC’s purview (that is, UNC’s Sexual Harassment or Non-Discrimination policies).

Not every report OIEC receives results in a Title IX investigation. OIEC reviews reports to determine whether the reported conduct falls within its jurisdiction and applicable university policies. When another university office is the appropriate place to address the concern, OIEC can provide information about that resource or make a direct referral (students will receive notice from OIEC if a direct referral has been made).

Privacy is a critical part of UNC’s response to reports of sexual misconduct. Protecting the privacy of those involved helps people feel comfortable seeking support and reporting their experiences.

UNC generally cannot publicly discuss whether a particular person made a report, the details of an individual case or actions involving specific students or employees. These privacy protections can limit what the university can say publicly about individual reports, even when those reports or allegations are being discussed publicly by others.

Privacy requirements may also limit what UNC can share with the people involved in a case. For example, employment privacy requirements may prevent the university from sharing certain actions taken involving an employee. Similarly, supportive measures provided to one person generally remain private unless they directly affect another person. For example, another person would be informed of a No Contact Order because complying with the order requires their participation, but a Respondent would not be privy to a Complainant’s new housing assignment or work schedule or a deadline extension in a class.

OIEC provides trainings throughout the year covering UNC policy and procedures, how UNC defines consent, active bystander training, and reporting obligations for UNC employees. OIEC conducts training and prevention programming with New Student Orientation students and parents, student leadership and recognized/registered student organizations, and various targeted student populations (like GOAL students, COM students, student-athletes, fraternity and sorority members, etc.). OIEC also provides annual training to student employees, continuing staff and faculty, Graduate Assistants/Teaching Assistants, and new faculty and staff regarding their responsibilities to report misconduct and concerns to appropriate offices.

OIEC trains over 3,000 individuals per year on UNC’s sexual misconduct policies and how OIEC responds to reports. If you would like to request a training for your department, class, or group, please email titleix@unco.edu. Any member of the UNC community can request a training from OIEC staff. Trainings typically take about 30-45 minutes but are flexible based on the objectives of your request.