Here are some basic definitions of the people associated with Filing a Complaint:
Complainant/Reporter – The accusing student, plaintiff or “victim,” although it is usually best to avoid the last two terms, as they can cause perceptions of blame versus innocence and are more suitable for the criminal justice system. The best definition for this person would be Reporter.
Respondent – The accused student, defendant or alleged perpetrator. Although the DCL of 2011 uses the latter term, higher education attorneys recommend the word “respondent” instead to avoid confusion with the terms used in criminal system proceedings.
Title IX Investigator - The University has designated a specially trained employee to investigate complaints of sexual misconduct, dating violence, domestic violence and stalking.
Title IX Coordinator– The University has designated a specially trained employee to coordinate its efforts to comply with and carry out its responsibilities under the law.
Below are the responsibilities of the UNC Charlotte Title IX Coordinator:
- Design, oversight, distribution, and implementation of Title IX policies;
- Development and implementation of institution-wide educational programs, including Title IX training;
- Oversight of all Title IX complaints, including:
How to File a Complaint:
Please choose one of the following reporting options:
What to Expect:
A. Timing of Complaints and Availability of Procedures
There is no time limit to invoking these Regulations in responding to complaints of alleged Sexual Misconduct. Nevertheless, students are encouraged to report alleged Sexual Misconduct immediately in order to maximize the University's ability to obtain information, and conduct a thorough, impartial and reliable investigation. Failure to promptly report alleged Sexual Misconduct may result in the loss of relevant information and witness testimony and may impair the University's ability to enforce these Regulations.
Retaliation against any person making a complaint of Sexual Misconduct or against any person cooperating in the investigation of (including testifying as a witness to) any allegation of Sexual Misconduct should be reported promptly to the Dean of Students or designee (or in the case of imminent threat of serious bodily injury, to Police and Public Safety). Retaliation may result in disciplinary action independent of the sanction or interim measures imposed in response to the underlying allegations of Sexual Misconduct.
THE UNIVERSITY CONDUCT PROCESS
A. Determination of Proceedings.
When the Title IX Investigator receives the complaint and summary information, s/he will determine the most appropriate means for addressing the complaint and discuss the victim's wishes regarding how to respond to the complaint. This may include formally investigating the complaint as described in Section below.
B. Investigation Proceedings.
If the Investigator decides to formally investigate the complaint, she/he will interview the Complainant, Respondent and all witnesses. The Investigator will also collect other information related to the complaint.
The Investigator is a neutral fact finder. When applicable, Investigators will coordinate with law enforcement agencies.
Once a formal investigation is completed, the Investigator will prepare an Investigation Report that includes the following:
1. An overview of the incident including involved parties and history of the case;
2. Alleged violation(s) and Standard of Proof;
3. Summaries of information provided by the Complainant, Respondent and any third party witness;
4. Summaries of information provided by expert witnesses, where applicable;
5. Any other relevant information (e.g., photographic, electronic and/or forensic evidence);
6. A summary of established facts and information that remains in question;
7. Recommendation of determination regarding alleged violations;
The Investigator will meet independently with the Complainant and the Respondent to share the Investigation Report findings, answer any questions, and discuss next steps in the process. The Investigation Report will be distributed to the Director of Student Conduct.
For more information about the process of filing a complaint, view the Code of Student Responsiblity.