Guiding Principles for Policy Development

Policy

  1. Preserve the federally-protected civil rights of victims/survivors. Policies and procedures should reflect best practices for protecting civil rights, both in letter and spirit of the law. Policies should be inclusive enough to reflect all students’ identities and experiences. Learn More
  2. Policies should be clearly written and easily accessible. Information on the institution’s policies should also be presented to community members multiple times in a variety of formats. Learn More
  3. Creating and updating IPV policies should be a collaborative and inclusive process. Institutions should seek meaningful input and feedback from students, staff/faculty, and community stakeholders, especially those who might be marginalized because of gender identity, race, age, ability, immigration status, and/or ethnicity. Learn More

Policy Development in Real Life

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For more information specifically on sexual violence, visit the North Carolina Coalition Against Sexual Assault

Guiding Principles for Policy Development

#1 Preserve the federally-protected civil rights of victims/survivors. Policies and procedures should reflect best practices for protecting civil rights, both in letter and spirit of the law. Policies should be inclusive enough to reflect all students’ identities and experiences.

What's Required

Outline Statistical Reporting Requirements and Confidentiality

Colleges and universities are required to maintain a good faith effort to collect and report statistics for IPV and stalking occurring on-campus, on public property within and adjacent to campus, and at non-campus properties like off-campus student organization housing and remote classrooms. Institutions were already required to report sexual violence statistics (forcible and non-forcible sex offenses, i.e. incest and statutory rape), as defined by the Violence Against Women Act.

Institutions must collect statistics from a broad range of campus officials, identified as Campus Security Authorities (CSA). The Clery Act defines a CSA as:

  • A campus police department or a campus security department of an institution.
  • Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department, such as an individual who is responsible for monitoring entrance into institutional property.
  • Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor as defined below, the official is not considered a CSA when acting as a pastoral or professional counselor.

A Note on the Reporting Responsibilities of Pastoral and Professional Counselors - from Questions and Answers on Title IX and Sexual Violence:

“The exemption from reporting obligations for pastoral and professional counselors under Title IX is consistent with the Clery Act. For additional information on reporting obligations under the Clery Act, see Office of Postsecondary Education, Handbook for Campus Safety and Security Reporting (2011), available at http://www2.ed.gov/admins/lead/safety/handbook.pdf.

Similar to the Clery Act, for Title IX purposes, a pastoral counselor is a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.

A professional counselor is a person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification. This definition applies even to professional counselors who are not employees of the school, but are under contract to provide counseling at the school. This includes individuals who are not yet licensed or certified as a counselor, but are acting in that role under the supervision of an individual who is licensed or certified. An example is a Ph.D. counselor-trainee acting under the supervision of a professional counselor at the school.

Postsecondary institutions should be aware that an individual who is counseling students, but who does not meet the Clery Act definition of a pastoral or professional counselor, is not exempt from being a campus security authority if he or she otherwise has significant responsibility for student and campus activities.”

Examples of individuals who meet the criteria  for CSA are:

  • A dean of students who oversees student housing, a student center, or student extracurricular activities.
  • A director of athletics, a team coach, or a faculty advisor to a student group.
  • A student resident advisor or assistant or a student who monitors access to dormitories.
  • A coordinator of Greek affairs.
  • A physician in a campus health center
  • A counselor in a campus counseling center or a victim/survivor advocate or sexual violence response team in a campus rape crisis center.

If these individuals are not identified as people to whom crimes should be reported or do not have significant responsibility for student and campus activities, they would not be considered CSAs. They would only qualify as a CSA if they are identified by your school as someone to whom crimes should be reported or if they have significant responsibility for student and campus activities.

Examples of individuals who would not meet the criteria for being CSAs include:

  • A faculty member who does not have any responsibility for student and campus activity beyond the classroom.
  • Clerical or cafeteria staff.

In addition, the law does not limit an institution from more broadly identifying who are CSAs for each college/university in order to obtain a more comprehensive representation of crime on campus. The law requires shielding personally identifying information of victims/survivors in order to protect the confidentiality of victims/survivors in these statistical disclosures. The law also requires shielding personally identifying information in record keeping (such as records stored in locked, non-moveable file cabinets) to the extent provided by law. (See details about confidentiality distinctions on page 27 of The NCCADV Guidance and Model Policy Documents.

Provide the Required Definitions of Terms

The definitions below are direct language from the 2013 VAWA Reauthorization, Campus SaVE Act

Definitions 1-4 are the definitions required by the Campus SaVE Act for Clery reporting. These are a helpful guide for you as you develop your college/university policy definitions. As a reminder, institutions must provide students with policy definitions for IPV, stalking, sexual violence, and consent.

For additional recommendations to make the policy definitions more comprehensive, please refer to the template on page 47 of The NCCADV Guidance and Model Policy Documents and to “Additional Considerations” on page 26 of The NCCADV Guidance and Model Policy Documents

  1. Domestic Violence
    1. A felony or misdemeanor crime of violence committed
      1. By a current or former spouse or intimate partner of the victim
      2. By a person with whom the victim shares a child in common
      3. By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
      4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
      5. By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
    2. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime. This definition includes same sex relationships.
  2. Dating Violence
    Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
    1. The existence of such a relationship shall be determined by the victim with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    2. For the purpose of this definition
      1. Dating violence includes sexual or physical abuse or the threat of such abuse.
      2. Dating violence does not include acts covered under the definition of domestic violence.
    3. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime. This definition includes same sex relationships.
  3. Sexual Violence
    An act of sexual violence includes the following:
    1. Sex Offenses: Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.
    2. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
    3. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    4. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    5. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.
  4. Stalking
    1. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
      1. Fear for his or her safety or the safety of others; or
      2. Suffer substantial emotional distress.
    2. For the purpose of this definition:
      1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
      2. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
      3. Reasonable person means a reasonable person in the victim’s circumstances.

For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime.

Include State Laws and Other College/University Policies

State laws must be included in your IPV, stalking, and sexual violence policies. See Appendix C of The NCCADV Guidance and Model Policy Documents for the full North Carolina statute language. All pertinent North Carolina Statutes can also be found at http://ncleg.net

As you develop and update your policies, it is crucial that you:

  • Include guidance about which other policies may be relevant (see below)
  • Indicate how a determination would be made, and by whom, if a situation falls under multiple policies (e.g. IPV/stalking/Sexual Violence Policy and Alcohol and Drug policy), including if one policy outweighs another (i.e., which policy would take precedence)
  • Update policies that may need to change as a result of updating your IPV/Stalking/Sexual Violence Policy.

Examples of related/conflicting policies may include:

  • Acts of Harm policy
  • Alcohol/drug policy
  • Amnesty policy
  • Community living standards or housing rules/contract
  • Discrimination and harassment
  • Honor code/conduct code
  • Minors on campus
  • Relationship policy between supervisors/professors and students/employees
  • Responsible Action/Good Samaritan policy
  • Sexual harassment
  • Threat assessment policy

Address Victims’/Survivors’ Rights and Resources in Policies

In accordance with the 2013 Campus Sexual Violence Elimination Act (Campus SaVE), colleges and universities, both public and private, that receive federal funds are required to address victims’/survivors’ rights and provide resources for assistance.

Institutional policies should support and describe the accommodations that victims/survivors need. Robust accommodations include information, guidance, assistance, and personalized academic support to help victims/survivors remain a student at the college/university, meet academic standards, obtain necessary health/mental health treatment, and maintain social relationships. Comprehensive policies assist victims/survivors in avoiding further victimization and decreasing the negative impact of a hostile campus environment. These services should be available to victim/survivors whether or not they choose to report the offense to campus security authorities.

Examples of critical accommodations and services include:

Reducing Proximity to Perpetrator - OCR guidance requires that institutions ask the victim/survivor (“complainant”) if they want to be moved from their residence hall, classes, or other spaces shared with the alleged perpetrator. Additional decisions about relocating involved parties should be based on the particular circumstances, available information showing likelihood of repetition, and other threat assessments conducted by the institution’s behavioral assessment team. This guidance does not preclude asking an alleged perpetrator to leave a living situation or class, as OCR guidance also instructs schools to limit the burden on the complainant, but OCR does not advise moving the alleged perpetrator as a matter of course.

Schools can assist the victim/survivor in seeking alternate housing (and/or lock changes), and academic and other types of assistance and support, which might include, but not be limited to:

  • Arranging dining schedules
  • Arranging study area schedules
  • Security escorts
  • Change in on-campus work schedule

Offering No-Contact Orders - Schools should offer campus-based no-contact orders through their Title IX office to victims/survivors when both the reporting and responding parties are students enrolled at the Institution (regardless of whether victims/survivors have obtained court-issued protection orders). This should also be available to students who request them against an offender who is a faculty or staff member. Non-student offenders can also be issued a no-trespass order by campus police. Campus no-contact orders should prohibit the responding party from contacting the victim/survivor in person, via technology, or through a third-party (e.g., mutual friends). Schools should explicitly state the consequences for breaking a no-contact order (and, if there are no consequences, schools should make this clear so that victims/survivors can seek other protective measures).

For Schools in the North Carolina Public University System:

Right to Counsel for Students and Organizations: UNC System Statute

§ 116-40.11. Disciplinary proceedings; right to counsel for students and organizations.

(a) Any student enrolled at a constituent institution who is accused of a violation of the disciplinary or conduct rules of the constituent institution shall have the right to be represented, at the student's expense, by a licensed attorney or nonattorney advocate who may fully participate during any disciplinary procedure or other procedure adopted and used by the constituent institution regarding the alleged violation. However, a student shall not have the right to be represented by a licensed attorney or nonattorney advocate in either of the following circumstances:

(1) If the constituent institution has implemented a "Student Honor Court" which is fully staffed by students to address such violations.

(2) For any allegation of "academic dishonesty" as defined by the constituent institution.

(b) Any student organization officially recognized by a constituent institution that is accused of a violation of the disciplinary or conduct rules of the constituent institution shall have the right to be represented, at the organization's expense, by a licensed attorney or nonattorney advocate who may fully participate during any disciplinary procedure or other procedure adopted and used by the constituent institution regarding the alleged violation. However, a student organization shall not have the right to be represented by a licensed attorney or nonattorney advocate if the constituent institution has implemented a "Student Honor Court" which is fully staffed by students to address such violations.

(c) Nothing in this section shall be construed to create a right to be represented at a disciplinary proceeding at public expense. (2013-413, s. 6(c).)

In keeping with OCR guidance, any rights afforded an alleged perpetrator should also be afforded to a reporting party. Therefore, schools should also include in their policies a reporting party’s right to an attorney/advisor.

What's Recommended

Utilize Best Practices for Creating Policies

Schools should institute and implement clear policies on IPV, stalking, and sexual violence. These policies should:

  • Be easy to access and understand and be available in a variety of accessible formats. Examples include:
    • Creating smart phone apps
    • Using a video relay service
    • Creating a video of the policy in American Sign Language
    • Ensuring the policy is in a format accessible to common screen reading software
    • Having a shortened version of the policy in lay terms
  • State that students of all genders and gender identities are protected under Title IX and the Clery Act, including feminine-identified, masculine-identified, transgender, genderqueer, and gender non-conforming victims/survivors.
  • State that the institution prohibits IPV, stalking, and sexual violence.
  • State that victims/survivors and all individuals who participate in the investigation or hearing are protected from any form of retaliation by law and by policy.
  • Publicly release aggregate statistics of sanctions assigned to responding parties found responsible for IPV, stalking, and/or sexual violence, unless doing so could lead to the identification of the parties.
  • Conduct an annual survey to determine prevalence of IPV, stalking, and sexual violence as well as broader social aspects of campus climate as it relates to IPV, stalking, and sexual violence.
  • Conduct an annual resource audit to determine assets available to assist survivors. Advocate for changes in resources as needed.
  • Involve students and community members in policy development.
  • Refer to victims/survivors and any other person who has put the college/university on notice of an incident of IPV, stalking, and sexual violence, as “reporting party,” and alleged perpetrators as “responding party.”
  • Be accompanied by primary prevention strategies and programming that reach the entire college/university community.

Expand Policy Definitions to Be More Comprehensive

The following are additional considerations, not specified through federal statutes or guidance, to make the policy definitions more comprehensive.

  1. Consider IPV, stalking, and sexual violence as a broad continuum of behaviors. The term IPV is a broad continuum of physically and emotionally abusive behaviors that includes but is not limited to:
    • Cultural abuse
    • Digital (technological) abuse
    • Economic abuse
    • Emotional/psychological abuse
    • Forced substance use or abuse
    • Removing access to medication or assistive devices
    • Intimidation
    • Isolation
    • Minimizing, blame, and denial of abuse

      Full definitions for these terms can be found on page 47 of The NCCADV Guidance and Model Policy Document
  2. Provide definitions for victim/survivor, perpetrator, and partner. Learn more from the NCCADV’s Model Policy and Guidance documents, page 6.
  3. Use gender-nonspecific pronouns, such as they, them, and their, in all policy definitions.
  4. Under the definition of ‘consent,’ clearly define coercion as ‘an unreasonable amount of pressure, as assessed by reviewing the duration, isolation, frequency, and intensity of the circumstances that led to the sexual encounter.’
  5. Policies should make absolutely clear that entering into or maintaining a dating relationship does not indicate consent to emotional, physical, sexual, or financial violence perpetrated by one’s partner.
  6. Policies should clearly prohibit both physical and online stalking and harassment.

Develop a Campus Climate Survey

The White House Task Force to Protect Students from Sexual Assault has recommended periodic surveys to assess the climate of the campus with regard to all forms of gender-based violence.

The Title IX coordinator and other administrators and stakeholders should develop a method appropriate to their institution in order to:

  • Survey the campus climate,
  • Evaluate whether any discriminatory attitudes pervade the school culture,
  • Determine whether any harassment or other problematic behaviors are occurring,
  • Discover where those behaviors happen,
  • Find out whether there are certain types of students who are more likely to be engage in sexual misconduct and certain types of students who are more likely to be subjected to such misconduct, and
  • Determine how those conditions may be best remedied.

For an example of a research-informed, campus climate survey from the Bureau of Justice Statistics, visit the Campus Climate Survey Validation Study Final Technical Report (2016).

Coordinate Annual Policy Dissemination, Updates, and Feedback

Provide information to all community members annually regarding:

  • The location of the policy
  • Related resources
  • How updates are made to the policy
  • A clear process for providing feedback about the policy

Create a Campus and Community Resource Team

Institutions should establish a multidisciplinary resource team that will provide a comprehensive, campus-wide plan to both prevent and respond to IPV, stalking, and sexual violence. Members of the team should meet monthly and receive regular specialized training. (Key college/university staff such as advocates and law enforcement should also serve on their community’s domestic and sexual violence response teams. These are often organized by their community-based domestic violence and rape crisis services providers.)

Key response team members:

  • Administrators
  • Advocates
  • Athletics
  • Community law enforcement
  • Community sexual and domestic violence service providers
  • Counselors
  • District Attorneys
  • Disability Services
  • Faculty and other instructional employees
  • Faith-based leaders
  • Health Services
  • Housing
  • Law Enforcement/Campus Security
  • LGBTQI+ Center
  • Library
  • Local NC domestic violence center/shelter where applicable
  • Local hospital(s)
  • Local law enforcement
  • Multicultural Center
  • North Carolina Coalition Against Domestic Violence (NCCADV)
  • North Carolina Coalition Against Sexual Assault (NCCASA)
  • Office of Student Conduct
  • Prevention Specialists
  • Residential Life
  • Sexual Assault Nurse Examiners (SANE)
  • Student Affairs
  • Student Government
  • Student representatives
  • Threat Assessment team members
  • Title IX Coordinator
  • Women’s Center

Every member of the Campus Resource Team shall be educated regarding:

  • Awareness and prevention of IPV, sexual assault, and stalking
  • The IPV, sexual assault, and stalking policies of the college/university
  • The provisions of Title IX of the Education Amendments Act of 1972 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
  • Victim/survivor-centered response and the role of community-based intimate partner violence and sexual assault victim advocates
  • Communicating sensitively and compassionately with victims/survivors, including, but not limited to, an awareness of responding to victims/survivors with diverse cultural backgrounds, and providing services to assisting in locating services for such victims/survivors
  • Campus trends and relevant community assessments
  • Reporting requirements
  • Current data and research
  • States laws on sexual and intimate partner violence and stalking:

Involve Victims/Survivors in the Timely Warning Process

Work with the victim/survivor before and after issuing a Timely Warning. It is recommended that, if the victim/survivor so chooses, the victim/survivor write the incident summary with law enforcement. This step can help to empower the victim/survivor by allowing them to choose the language that feels most comfortable to them. This process also makes it so that the victim/survivor knows what to expect when the warning is issued, potentially decreasing emotional trauma. It is also recommended that you let the victim/survivor know when and in what format (email, text, etc.) the alert will be issued, and what information will be included. If the victim/survivor has been supported by an advocate during that process, it is also recommended that you let the advocate know that information as well.

Do Not Use Mediation

Mediation between reporting and responding parties is never an option. Mediation is a negotiated resolution between two parties. Placing an alleged perpetrator and victim/survivor in the same space to address the abuse can put the victim/survivor at risk for future abuse. Victims/survivors are likely to not share any abuse, or significantly minimize the abuse out of fear of retaliation from the perpetrator. Mediation may also imply that both parties are responsible for the abuse, when in fact only the perpetrator is responsible for the abusive behavior(s).

#2 Policies should be clearly written and easily accessible. Information on the institution’s policies should also be presented to community members multiple times in a variety of formats.

What's Required

Outline Statistical Reporting Requirements and Confidentiality

Colleges and universities are required to maintain a good faith effort to collect and report statistics for IPV and stalking occurring on-campus, on public property within and adjacent to campus, and at non-campus properties like off-campus student organization housing and remote classrooms. Institutions were already required to report sexual violence statistics (forcible and non-forcible sex offenses, i.e. incest and statutory rape), as defined by the Violence Against Women Act.

Institutions must collect statistics from a broad range of campus officials, identified as Campus Security Authorities (CSA). The Clery Act defines a CSA as:

  • A campus police department or a campus security department of an institution.
  • Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department, such as an individual who is responsible for monitoring entrance into institutional property.
  • Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor as defined below, the official is not considered a CSA when acting as a pastoral or professional counselor.

A Note on the Reporting Responsibilities of Pastoral and Professional Counselors - from Questions and Answers on Title IX and Sexual Violence:

“The exemption from reporting obligations for pastoral and professional counselors under Title IX is consistent with the Clery Act. For additional information on reporting obligations under the Clery Act, see Office of Postsecondary Education, Handbook for Campus Safety and Security Reporting (2011), available at http://www2.ed.gov/admins/lead/safety/handbook.pdf.

Similar to the Clery Act, for Title IX purposes, a pastoral counselor is a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.

A professional counselor is a person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification. This definition applies even to professional counselors who are not employees of the school, but are under contract to provide counseling at the school. This includes individuals who are not yet licensed or certified as a counselor, but are acting in that role under the supervision of an individual who is licensed or certified. An example is a Ph.D. counselor-trainee acting under the supervision of a professional counselor at the school.

Postsecondary institutions should be aware that an individual who is counseling students, but who does not meet the Clery Act definition of a pastoral or professional counselor, is not exempt from being a campus security authority if he or she otherwise has significant responsibility for student and campus activities.”

Examples of individuals who meet the criteria  for CSA are:

  • A dean of students who oversees student housing, a student center, or student extracurricular activities.
  • A director of athletics, a team coach, or a faculty advisor to a student group.
  • A student resident advisor or assistant or a student who monitors access to dormitories.
  • A coordinator of Greek affairs.
  • A physician in a campus health center
  • A counselor in a campus counseling center or a victim/survivor advocate or sexual violence response team in a campus rape crisis center.

If these individuals are not identified as people to whom crimes should be reported or do not have significant responsibility for student and campus activities, they would not be considered CSAs. They would only qualify as a CSA if they are identified by your school as someone to whom crimes should be reported or if they have significant responsibility for student and campus activities.

Examples of individuals who would not meet the criteria for being CSAs include:

  • A faculty member who does not have any responsibility for student and campus activity beyond the classroom.
  • Clerical or cafeteria staff.

In addition, the law does not limit an institution from more broadly identifying who are CSAs for each college/university in order to obtain a more comprehensive representation of crime on campus. The law requires shielding personally identifying information of victims/survivors in order to protect the confidentiality of victims/survivors in these statistical disclosures. The law also requires shielding personally identifying information in record keeping (such as records stored in locked, non-moveable file cabinets) to the extent provided by law. (See details about confidentiality distinctions on page 27 of The NCCADV Guidance and Model Policy Documents.

Provide the Required Definitions of Terms

The definitions below are direct language from the 2013 VAWA Reauthorization, Campus SaVE Act

Definitions 1-4 are the definitions required by the Campus SaVE Act for Clery reporting. These are a helpful guide for you as you develop your college/university policy definitions. As a reminder, institutions must provide students with policy definitions for IPV, stalking, sexual violence, and consent.

For additional recommendations to make the policy definitions more comprehensive, please refer to the template on page 47 of The NCCADV Guidance and Model Policy Documents and to “Additional Considerations” on page 26 of The NCCADV Guidance and Model Policy Documents

  1. Domestic Violence
    1. A felony or misdemeanor crime of violence committed
      1. By a current or former spouse or intimate partner of the victim
      2. By a person with whom the victim shares a child in common
      3. By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
      4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
      5. By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
    2. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime. This definition includes same sex relationships.
  2. Dating Violence
    Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
    1. The existence of such a relationship shall be determined by the victim with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    2. For the purpose of this definition
      1. Dating violence includes sexual or physical abuse or the threat of such abuse.
      2. Dating violence does not include acts covered under the definition of domestic violence.
    3. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime. This definition includes same sex relationships.
  3. Sexual Violence
    An act of sexual violence includes the following:
    1. Sex Offenses: Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.
    2. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
    3. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    4. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    5. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.
  4. Stalking
    1. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
      1. Fear for his or her safety or the safety of others; or
      2. Suffer substantial emotional distress.
    2. For the purpose of this definition:
      1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
      2. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
      3. Reasonable person means a reasonable person in the victim’s circumstances.

For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime.

Publish an Annual Security Report

Campus SaVE also requires that institutions publish an Annual Security Report (ASR) each year. This report must document three (3) calendar years of select campus crime statistics, including security policies and procedures, and information on the basic rights guaranteed to victims/survivors of sexual violence (including IPV and stalking). The law requires schools make the report available to all current students and employees, and prospective students and employees must be notified of its existence and given a copy upon request. Schools may comply with this requirement via the internet if required recipients are notified and provided exact information regarding the online location of the report. Paper copies of the ASR should be available upon request.

Include State Laws and Other College/University Policies

State laws must be included in your IPV, stalking, and sexual violence policies. See Appendix C of The NCCADV Guidance and Model Policy Documents for the full North Carolina statute language. All pertinent North Carolina Statutes can also be found at http://ncleg.net

As you develop and update your policies, it is crucial that you:

  • Include guidance about which other policies may be relevant (see below)
  • Indicate how a determination would be made, and by whom, if a situation falls under multiple policies (e.g. IPV/stalking/Sexual Violence Policy and Alcohol and Drug policy), including if one policy outweighs another (i.e., which policy would take precedence)
  • Update policies that may need to change as a result of updating your IPV/Stalking/Sexual Violence Policy.

Examples of related/conflicting policies may include:

  • Acts of Harm policy
  • Alcohol/drug policy
  • Amnesty policy
  • Community living standards or housing rules/contract
  • Discrimination and harassment
  • Honor code/conduct code
  • Minors on campus
  • Relationship policy between supervisors/professors and students/employees
  • Responsible Action/Good Samaritan policy
  • Sexual harassment
  • Threat assessment policy

Issue Timely Warnings

The Clery Act requires institutions to issue Timely Warnings to the campus community about crimes that have already occurred but may continue to pose a serious or ongoing threat to students and employees. Timely Warnings are only required for Clery-reportable crimes that occur on Clery Geography although institutions are encouraged to issue appropriate warnings regarding other criminal activity that may pose a serious threat as well.

More information on issuing a Timely Warning is available in Chapter Six of the The Handbook for Campus Safety and Security Reporting: 2016 Edition.

Address Victims’/Survivors’ Rights and Resources in Policies

In accordance with the 2013 Campus Sexual Violence Elimination Act (Campus SaVE), colleges and universities, both public and private, that receive federal funds are required to address victims’/survivors’ rights and provide resources for assistance.

Institutional policies should support and describe the accommodations that victims/survivors need. Robust accommodations include information, guidance, assistance, and personalized academic support to help victims/survivors remain a student at the college/university, meet academic standards, obtain necessary health/mental health treatment, and maintain social relationships. Comprehensive policies assist victims/survivors in avoiding further victimization and decreasing the negative impact of a hostile campus environment. These services should be available to victim/survivors whether or not they choose to report the offense to campus security authorities.

Examples of critical accommodations and services include:

Reducing Proximity to Perpetrator - OCR guidance requires that institutions ask the victim/survivor (“complainant”) if they want to be moved from their residence hall, classes, or other spaces shared with the alleged perpetrator. Additional decisions about relocating involved parties should be based on the particular circumstances, available information showing likelihood of repetition, and other threat assessments conducted by the institution’s behavioral assessment team. This guidance does not preclude asking an alleged perpetrator to leave a living situation or class, as OCR guidance also instructs schools to limit the burden on the complainant, but OCR does not advise moving the alleged perpetrator as a matter of course.

Schools can assist the victim/survivor in seeking alternate housing (and/or lock changes), and academic and other types of assistance and support, which might include, but not be limited to:

  • Arranging dining schedules
  • Arranging study area schedules
  • Security escorts
  • Change in on-campus work schedule

Offering No-Contact Orders - Schools should offer campus-based no-contact orders through their Title IX office to victims/survivors when both the reporting and responding parties are students enrolled at the Institution (regardless of whether victims/survivors have obtained court-issued protection orders). This should also be available to students who request them against an offender who is a faculty or staff member. Non-student offenders can also be issued a no-trespass order by campus police. Campus no-contact orders should prohibit the responding party from contacting the victim/survivor in person, via technology, or through a third-party (e.g., mutual friends). Schools should explicitly state the consequences for breaking a no-contact order (and, if there are no consequences, schools should make this clear so that victims/survivors can seek other protective measures).

For Schools in the North Carolina Public University System:

Right to Counsel for Students and Organizations: UNC System Statute

§ 116-40.11. Disciplinary proceedings; right to counsel for students and organizations.

(a) Any student enrolled at a constituent institution who is accused of a violation of the disciplinary or conduct rules of the constituent institution shall have the right to be represented, at the student's expense, by a licensed attorney or nonattorney advocate who may fully participate during any disciplinary procedure or other procedure adopted and used by the constituent institution regarding the alleged violation. However, a student shall not have the right to be represented by a licensed attorney or nonattorney advocate in either of the following circumstances:

(1) If the constituent institution has implemented a "Student Honor Court" which is fully staffed by students to address such violations.

(2) For any allegation of "academic dishonesty" as defined by the constituent institution.

(b) Any student organization officially recognized by a constituent institution that is accused of a violation of the disciplinary or conduct rules of the constituent institution shall have the right to be represented, at the organization's expense, by a licensed attorney or nonattorney advocate who may fully participate during any disciplinary procedure or other procedure adopted and used by the constituent institution regarding the alleged violation. However, a student organization shall not have the right to be represented by a licensed attorney or nonattorney advocate if the constituent institution has implemented a "Student Honor Court" which is fully staffed by students to address such violations.

(c) Nothing in this section shall be construed to create a right to be represented at a disciplinary proceeding at public expense. (2013-413, s. 6(c).)

In keeping with OCR guidance, any rights afforded an alleged perpetrator should also be afforded to a reporting party. Therefore, schools should also include in their policies a reporting party’s right to an attorney/advisor.

What's Recommended

Utilize Best Practices for Creating Policies

Schools should institute and implement clear policies on IPV, stalking, and sexual violence. These policies should:

  • Be easy to access and understand and be available in a variety of accessible formats. Examples include:
    • Creating smart phone apps
    • Using a video relay service
    • Creating a video of the policy in American Sign Language
    • Ensuring the policy is in a format accessible to common screen reading software
    • Having a shortened version of the policy in lay terms
  • State that students of all genders and gender identities are protected under Title IX and the Clery Act, including feminine-identified, masculine-identified, transgender, genderqueer, and gender non-conforming victims/survivors.
  • State that the institution prohibits IPV, stalking, and sexual violence.
  • State that victims/survivors and all individuals who participate in the investigation or hearing are protected from any form of retaliation by law and by policy.
  • Publicly release aggregate statistics of sanctions assigned to responding parties found responsible for IPV, stalking, and/or sexual violence, unless doing so could lead to the identification of the parties.
  • Conduct an annual survey to determine prevalence of IPV, stalking, and sexual violence as well as broader social aspects of campus climate as it relates to IPV, stalking, and sexual violence.
  • Conduct an annual resource audit to determine assets available to assist survivors. Advocate for changes in resources as needed.
  • Involve students and community members in policy development.
  • Refer to victims/survivors and any other person who has put the college/university on notice of an incident of IPV, stalking, and sexual violence, as “reporting party,” and alleged perpetrators as “responding party.”
  • Be accompanied by primary prevention strategies and programming that reach the entire college/university community.

Expand Policy Definitions to Be More Comprehensive

The following are additional considerations, not specified through federal statutes or guidance, to make the policy definitions more comprehensive.

  1. Consider IPV, stalking, and sexual violence as a broad continuum of behaviors. The term IPV is a broad continuum of physically and emotionally abusive behaviors that includes but is not limited to:
    • Cultural abuse
    • Digital (technological) abuse
    • Economic abuse
    • Emotional/psychological abuse
    • Forced substance use or abuse
    • Removing access to medication or assistive devices
    • Intimidation
    • Isolation
    • Minimizing, blame, and denial of abuse

      Full definitions for these terms can be found on page 47 of The NCCADV Guidance and Model Policy Document
  2. Provide definitions for victim/survivor, perpetrator, and partner. Learn more from the NCCADV’s Model Policy and Guidance documents, page 6.
  3. Use gender-nonspecific pronouns, such as they, them, and their, in all policy definitions.
  4. Under the definition of ‘consent,’ clearly define coercion as ‘an unreasonable amount of pressure, as assessed by reviewing the duration, isolation, frequency, and intensity of the circumstances that led to the sexual encounter.’
  5. Policies should make absolutely clear that entering into or maintaining a dating relationship does not indicate consent to emotional, physical, sexual, or financial violence perpetrated by one’s partner.
  6. Policies should clearly prohibit both physical and online stalking and harassment.

Issue a Parent/Guardian Notification Statement

The institution should provide a clear statement outlining their policies for notifying parents or guardians of student experiences. NCCADV recommends that institutions empower reporting parties/victims/survivors to determine if and when they share information with parents or guardians about their experience.

Coordinate Annual Policy Dissemination, Updates, and Feedback

Provide information to all community members annually regarding:

  • The location of the policy
  • Related resources
  • How updates are made to the policy
  • A clear process for providing feedback about the policy

Provide Information Online

Institutions should make the following available online, as well as through print media and personal contact:

  • All information about the policies and processes related to IPV, stalking, and sexual violence.
  • Information on all campus and local services related to prevention, intervention, and response.

Doing so removes obstacles to reporting created by a fear of the unknown. Many students lack understanding about gender-based violence and might remain unaware of the institution’s philosophy toward IPV, stalking, and sexual violence if they are not specifically informed. Ideally, an individual should not have to click more than three (3) times from the college/university home page to access a complete listing (via current hyperlinks) of resources and information.

#3 Creating and updating IPV policies should be a collaborative and inclusive process. Institutions should seek meaningful input and feedback from students, staff/faculty, and community stakeholders, especially those who might be marginalized because of gender identity, race, age, ability, immigration status, and/or ethnicity.

What's Required

Include State Laws and Other College/University Policies

State laws must be included in your IPV, stalking, and sexual violence policies. See Appendix C of The NCCADV Guidance and Model Policy Documents for the full North Carolina statute language. All pertinent North Carolina Statutes can also be found at http://ncleg.net

As you develop and update your policies, it is crucial that you:

  • Include guidance about which other policies may be relevant (see below)
  • Indicate how a determination would be made, and by whom, if a situation falls under multiple policies (e.g. IPV/stalking/Sexual Violence Policy and Alcohol and Drug policy), including if one policy outweighs another (i.e., which policy would take precedence)
  • Update policies that may need to change as a result of updating your IPV/Stalking/Sexual Violence Policy.

Examples of related/conflicting policies may include:

  • Acts of Harm policy
  • Alcohol/drug policy
  • Amnesty policy
  • Community living standards or housing rules/contract
  • Discrimination and harassment
  • Honor code/conduct code
  • Minors on campus
  • Relationship policy between supervisors/professors and students/employees
  • Responsible Action/Good Samaritan policy
  • Sexual harassment
  • Threat assessment policy

Address Victims’/Survivors’ Rights and Resources in Policies

In accordance with the 2013 Campus Sexual Violence Elimination Act (Campus SaVE), colleges and universities, both public and private, that receive federal funds are required to address victims’/survivors’ rights and provide resources for assistance.

Institutional policies should support and describe the accommodations that victims/survivors need. Robust accommodations include information, guidance, assistance, and personalized academic support to help victims/survivors remain a student at the college/university, meet academic standards, obtain necessary health/mental health treatment, and maintain social relationships. Comprehensive policies assist victims/survivors in avoiding further victimization and decreasing the negative impact of a hostile campus environment. These services should be available to victim/survivors whether or not they choose to report the offense to campus security authorities.

Examples of critical accommodations and services include:

Reducing Proximity to Perpetrator - OCR guidance requires that institutions ask the victim/survivor (“complainant”) if they want to be moved from their residence hall, classes, or other spaces shared with the alleged perpetrator. Additional decisions about relocating involved parties should be based on the particular circumstances, available information showing likelihood of repetition, and other threat assessments conducted by the institution’s behavioral assessment team. This guidance does not preclude asking an alleged perpetrator to leave a living situation or class, as OCR guidance also instructs schools to limit the burden on the complainant, but OCR does not advise moving the alleged perpetrator as a matter of course.

Schools can assist the victim/survivor in seeking alternate housing (and/or lock changes), and academic and other types of assistance and support, which might include, but not be limited to:

  • Arranging dining schedules
  • Arranging study area schedules
  • Security escorts
  • Change in on-campus work schedule

Offering No-Contact Orders - Schools should offer campus-based no-contact orders through their Title IX office to victims/survivors when both the reporting and responding parties are students enrolled at the Institution (regardless of whether victims/survivors have obtained court-issued protection orders). This should also be available to students who request them against an offender who is a faculty or staff member. Non-student offenders can also be issued a no-trespass order by campus police. Campus no-contact orders should prohibit the responding party from contacting the victim/survivor in person, via technology, or through a third-party (e.g., mutual friends). Schools should explicitly state the consequences for breaking a no-contact order (and, if there are no consequences, schools should make this clear so that victims/survivors can seek other protective measures).

What's Recommended

Utilize Best Practices for Creating Policies

Schools should institute and implement clear policies on IPV, stalking, and sexual violence. These policies should:

  • Be easy to access and understand and be available in a variety of accessible formats. Examples include:
    • Creating smart phone apps
    • Using a video relay service
    • Creating a video of the policy in American Sign Language
    • Ensuring the policy is in a format accessible to common screen reading software
    • Having a shortened version of the policy in lay terms
  • State that students of all genders and gender identities are protected under Title IX and the Clery Act, including feminine-identified, masculine-identified, transgender, genderqueer, and gender non-conforming victims/survivors.
  • State that the institution prohibits IPV, stalking, and sexual violence.
  • State that victims/survivors and all individuals who participate in the investigation or hearing are protected from any form of retaliation by law and by policy.
  • Publicly release aggregate statistics of sanctions assigned to responding parties found responsible for IPV, stalking, and/or sexual violence, unless doing so could lead to the identification of the parties.
  • Conduct an annual survey to determine prevalence of IPV, stalking, and sexual violence as well as broader social aspects of campus climate as it relates to IPV, stalking, and sexual violence.
  • Conduct an annual resource audit to determine assets available to assist survivors. Advocate for changes in resources as needed.
  • Involve students and community members in policy development.
  • Refer to victims/survivors and any other person who has put the college/university on notice of an incident of IPV, stalking, and sexual violence, as “reporting party,” and alleged perpetrators as “responding party.”
  • Be accompanied by primary prevention strategies and programming that reach the entire college/university community.

Expand Policy Definitions to Be More Comprehensive

The following are additional considerations, not specified through federal statutes or guidance, to make the policy definitions more comprehensive.

  1. Consider IPV, stalking, and sexual violence as a broad continuum of behaviors. The term IPV is a broad continuum of physically and emotionally abusive behaviors that includes but is not limited to:
    • Cultural abuse
    • Digital (technological) abuse
    • Economic abuse
    • Emotional/psychological abuse
    • Forced substance use or abuse
    • Removing access to medication or assistive devices
    • Intimidation
    • Isolation
    • Minimizing, blame, and denial of abuse

      Full definitions for these terms can be found on page 47 of The NCCADV Guidance and Model Policy Document
  2. Provide definitions for victim/survivor, perpetrator, and partner. Learn more from the NCCADV’s Model Policy and Guidance documents, page 6.
  3. Use gender-nonspecific pronouns, such as they, them, and their, in all policy definitions.
  4. Under the definition of ‘consent,’ clearly define coercion as ‘an unreasonable amount of pressure, as assessed by reviewing the duration, isolation, frequency, and intensity of the circumstances that led to the sexual encounter.’
  5. Policies should make absolutely clear that entering into or maintaining a dating relationship does not indicate consent to emotional, physical, sexual, or financial violence perpetrated by one’s partner.
  6. Policies should clearly prohibit both physical and online stalking and harassment.

Develop a Campus Climate Survey

The White House Task Force to Protect Students from Sexual Assault has recommended periodic surveys to assess the climate of the campus with regard to all forms of gender-based violence.

The Title IX coordinator and other administrators and stakeholders should develop a method appropriate to their institution in order to:

  • Survey the campus climate,
  • Evaluate whether any discriminatory attitudes pervade the school culture,
  • Determine whether any harassment or other problematic behaviors are occurring,
  • Discover where those behaviors happen,
  • Find out whether there are certain types of students who are more likely to be engage in sexual misconduct and certain types of students who are more likely to be subjected to such misconduct, and
  • Determine how those conditions may be best remedied.

For an example of a research-informed, campus climate survey from the Bureau of Justice Statistics, visit the Campus Climate Survey Validation Study Final Technical Report (2016).

Sign Memoranda of Understanding with Local Entities

Guidance recommends that colleges/universities should sign memoranda of understanding with local domestic violence and rape crisis centers as well as local law enforcement agencies regarding victim/survivor services and protocols. Care must be taken to establish a victim/survivor-centered advocacy structure in which expectations about confidentiality parameters are clear.

For more information and guidance on confidentiality, view the Reporting and Privacy Concerns section.

For more information on developing a Memorandum of Understanding with local gender violence service providers, visit https://www.justice.gov/ovw/page/file/910381/download

For more information on developing a Memorandum of Understanding with local law enforcement, visit https://www.justice.gov/ovw/page/file/910376/download 

Coordinate Annual Policy Dissemination, Updates, and Feedback

Provide information to all community members annually regarding:

  • The location of the policy
  • Related resources
  • How updates are made to the policy
  • A clear process for providing feedback about the policy

Create a Campus and Community Resource Team

Institutions should establish a multidisciplinary resource team that will provide a comprehensive, campus-wide plan to both prevent and respond to IPV, stalking, and sexual violence. Members of the team should meet monthly and receive regular specialized training. (Key college/university staff such as advocates and law enforcement should also serve on their community’s domestic and sexual violence response teams. These are often organized by their community-based domestic violence and rape crisis services providers.)

Key response team members:

  • Administrators
  • Advocates
  • Athletics
  • Community law enforcement
  • Community sexual and domestic violence service providers
  • Counselors
  • District Attorneys
  • Disability Services
  • Faculty and other instructional employees
  • Faith-based leaders
  • Health Services
  • Housing
  • Law Enforcement/Campus Security
  • LGBTQI+ Center
  • Library
  • Local NC domestic violence center/shelter where applicable
  • Local hospital(s)
  • Local law enforcement
  • Multicultural Center
  • North Carolina Coalition Against Domestic Violence (NCCADV)
  • North Carolina Coalition Against Sexual Assault (NCCASA)
  • Office of Student Conduct
  • Prevention Specialists
  • Residential Life
  • Sexual Assault Nurse Examiners (SANE)
  • Student Affairs
  • Student Government
  • Student representatives
  • Threat Assessment team members
  • Title IX Coordinator
  • Women’s Center

Every member of the Campus Resource Team shall be educated regarding:

  • Awareness and prevention of IPV, sexual assault, and stalking
  • The IPV, sexual assault, and stalking policies of the college/university
  • The provisions of Title IX of the Education Amendments Act of 1972 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
  • Victim/survivor-centered response and the role of community-based intimate partner violence and sexual assault victim advocates
  • Communicating sensitively and compassionately with victims/survivors, including, but not limited to, an awareness of responding to victims/survivors with diverse cultural backgrounds, and providing services to assisting in locating services for such victims/survivors
  • Campus trends and relevant community assessments
  • Reporting requirements
  • Current data and research
  • States laws on sexual and intimate partner violence and stalking:

Involve Victims/Survivors in the Timely Warning Process

Work with the victim/survivor before and after issuing a Timely Warning. It is recommended that, if the victim/survivor so chooses, the victim/survivor write the incident summary with law enforcement. This step can help to empower the victim/survivor by allowing them to choose the language that feels most comfortable to them. This process also makes it so that the victim/survivor knows what to expect when the warning is issued, potentially decreasing emotional trauma. It is also recommended that you let the victim/survivor know when and in what format (email, text, etc.) the alert will be issued, and what information will be included. If the victim/survivor has been supported by an advocate during that process, it is also recommended that you let the advocate know that information as well.