Title IX and its implementing regulation, at 34 C.F.R. § 106.31 (a), provide that no person shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the College.
Sexual harassment is a form of sex discrimination prohibited by Title IX. Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, including rape, sexual assault, sexual battery and sexual coercion or other sexual misconduct.
Sexual harassment of a student can deny or limit, on the basis of sex, the student's ability to participate in or to receive benefits, services, or opportunities in the school's program.
Any student, faculty or staff member with questions or concerns about sex discrimination or sexual harassment or who believes that he or she has been the victim of sex discrimination or sexual harassment may contact the Title IX Coordinator for assistance. The Title IX Coordinator is available to discuss options, explain college policies and procedures, and provide education on relevant issues.
Title IX complaints involving student complainants and student respondents will be referred to the Title IX Coordinator for investigation and shall be subject to the student conduct code.
NIC Title IX Grievance Process
- Report or Complaint is Made
A complaint may be reported by a student, employee, applicant, volunteer, contractor, or member of the public. Reports are directed to the Title IX Coordinator, who serves as the central point of contact for Title IX matters.
- Initial Assessment
The Title IX Coordinator reviews the allegations to determine:
- Whether the conduct potentially falls under Title IX or other sex-discrimination policies.
- Whether immediate supportive measures are needed.
- Whether there are safety concerns affecting the complainant or campus community.
- Supportive Measures
NIC may implement measures regardless of whether a formal complaint proceeds. Examples may include:
- Class schedule modifications.
- Academic accommodations.
- No-contact directives.
- Workplace adjustments.
- Campus safety measures.
- Investigation
When a formal complaint is initiated, the Title IX office conducts an investigation that includes:
- Interviews with involved parties and witnesses.
- Review of documents, communications, videos, and other evidence.
- Equal opportunity for both parties to present information and identify witnesses.
- Rights of Both Parties
NIC's procedures emphasize fairness by providing:
- Notice of allegations.
- Opportunity to respond to evidence.
- Opportunity to present witnesses and evidence.
- Protection against retaliation.
- Equal treatment of complainants and respondents throughout the process.
- Determination and Resolution
After investigation, a decision-maker or appropriate college authority evaluates the evidence and determines whether a policy violation occurred. Depending on the circumstances, outcomes can include:
- Educational interventions.
- Conduct sanctions.
- Suspension.
- Expulsion.
- Employee discipline, including termination.
- Contract termination or campus exclusion for non-students.
- Appeals
NIC procedures provide opportunities to appeal certain findings or sanctions on specified procedural or substantive grounds. Appeals are generally reviewed by a designated institutional authority separate from the original decision-maker.
- Protection Against Retaliation
Retaliation against a person for:
- Reporting discrimination or harassment,
- Participating in an investigation, or
- Supporting a complainant or respondent
is prohibited and may itself result in disciplinary action.
As required by the Final Title IX Rule, all materials used to train Title IX coordinators, investigators, decision-makers, and anyone who facilitates an informal resolution process must be publicly available on its website. The training materials follow:
Title IX Training Materials
In compliance with 34 C.F.R. § 106.45(b)(10), the following materials have been used to train Title IX personnel:
- Title IX Compliance and Athletics for Higher Education Course Materials
- Title IX Coordinator Foundations Level One Sexual Harassment for Higher Education Course Materials
- July–December 2020 | Hearing Officer Materials
- July–December 2019 | Coordinator Three Compliance & Case Management Materials
- January–June 2019 | Coordinator Three Compliance and Case Management Materials