Title IX Non-Discrimination on the Basis of Sex Policy 1720/4030/7235

Title IX Non-Discrimination on the Basis of Sex Policy 1720/4030/7235

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) is committed to providing an educational and working environment free from discrimination, harassment, and retaliation based on sex, in compliance with all applicable federal and state laws.  ENCSD affirms that all students, employees, applicants, volunteers, and parents/guardians have the right to participate in school programs and activities free from sex discrimination, including sexual harassment, sexual violence, and gender-based misconduct.  This policy sets forth ENCSD’s procedures for preventing, reporting, investigating, and addressing prohibited conduct under Title IX.

Scope

This policy applies to:

  • All students enrolled at ENCSD
  • All ENCSD employees, including state employees and contracted service providers
  • Applicants for employment
  • Parents/Guardians and visitors
  • Volunteers
  • Participants in any ENCSD program or activity, including off-campus and school-sponsored events.

This policy applies to conduct occurring:

  • On ENCSD property
  • At ENCSD-sponsored events or activities
  • During remote learning
  • Off-campus when the conduct has continuing effects within the school environment, consistent with Title IX jurisdictional rules

Statement of Non-Discrimination

ENCSD does not discriminate on the basis of sex, including pregnancy, sexual orientation, gender identity, gender expression, parental status, or marital status, in any educational program, activity, or employment practice.

ENCSD will provide reasonable accommodations as required under the ADA, Section 504, and state accessibility requirements to ensure full participation of individuals with disabilities in the Title IX process, including interpreters, visual supports, translated materials, and other communication access resources.

Definitions

  • Sex Discrimination: Unequal treatment or denial of benefits based on a person’s sex, gender, gender identity, sexual orientation, pregnancy, or related conditions.
  • Sexual Harassment (Title IX): Conduct on the basis of sex that meets one or more of the following:
    1. A school employee conditioning a school aid, benefit, or service on participation in unwelcome sexual conduct (quid pro quo).
    2. Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a school program or activity.
    3. Sexual assault, dating violence, domestic violence, or stalking as defined by federal law.
  • Sexual Assault: Any non-consensual sexual act as defined under the Clery Act and federal criminal code.
  • Consent: A clear voluntary agreement to participate in specific sexual activity.
    1. Silence or lack of resistance does not equal consent.
    2. Consent can be withdrawn at any time.
  • Complainant: A person who is alleged to be the victim of conduct that may constitute sex discrimination or sexual harassment.
  • Respondent: A person who is reported to have engaged in prohibited conduct.
  • Title IX Coordinator: The official responsible for overseeing compliance with Title IX, including investigations, supportive measures, and training.
  • Supportive Measures: Non-disciplinary, non-punitive services offered to the complainant or respondent to restore equal access to school programs (examples: schedule adjustments, counseling, interpreter support, safety planning).
  • Retaliation: Any intimidation, threat, or adverse action taken against a person because they reported discrimination, participated in a Title IX process, or refused to participate.

I.  Title IX Coordinator

ENCSD shall designate a Title IX Coordinator who is trained in Title IX requirements, investigation processes, trauma-informed practices, disability rights, and accessibility for deaf and hard of hearing individuals.

The coordinator’s contact information will be:

  • Posted on the ENCSD website
  • Included in handbooks
  • Delivered in accessible formats

II. Reporting and Complaints

  1. How to Report

Any person may report Title IX violations including:

  • In person
  • By email
  • By phone
  • By video message
  • By text message
  • Directly to the Title IX Coordinator, any administrator, or any trusted staff member

Reports may be made at any time, including outside school hours.

  1. Mandatory Reporting for Staff

All ENCSD employees are mandatory reporters and must report any known or suspected sexual harassment or sex discrimination immediately to the Title IX Coordinator.

  1. Confidential Resources

ENCSD will provide access to counseling and support in a confidential manner consistent with state and federal law.

III. Response to Reports

Upon receiving a report, ENCSD will:

  1. Respond promptly and in a manner that is not deliberately indifferent.
  2. Offer supportive measures to all parties.
  3. Explain the formal complaint process in an accessible format and language.
  4. Ensure accommodations under the ADA and Section 504, including interpreters, visual materials, and sensory-appropriate meeting formats.

IV. Formal Complaint and Investigation Process

  1. Filing a Formal Complaint

A complainant may file a written or signed digital complaint.  If the complaint is a student, employee, parent/guardian, or third party, the Title IX Coordinator may also sign a formal complaint when necessary for community safety.

  1. Investigation Requirements
    • Investigations will be prompt, thorough, and impartial.
    • Both parties will receive equal access to evidence.
    • Meetings and interviews will be conducted with needed ASL/communication access services.
    • The investigator will be trained in Title IX, disability rights, and deaf education contexts.
  2. Determination

A decision-maker (not the investigator) will issue a written determination, delivered in accessible formats.

  1. Appeals

Both parties have the right to appeal on established Title IX grounds.

V. Retaliation Prohibited

ENCSD strictly prohibits retaliation against anyone who makes a report, participates in a Title IX process, or supports a participant.

Any retaliatory behavior will result in disciplinary action consistent with NC OSHR and ENSD policies.

VI. Training and Notification

ENCSD will provide annual training to:

  • All staff
  • Administrators
  • Investigators
  • Interpreters involved in Title IX matters
  • Students (age-appropriate)

Training will include:

  • Title IX responsibilities
  • Reporting procedures
  • ADA/Section 504 accommodations
  • Trauma-informed communication
  • Accessibility for deaf and hard of hearing individuals
  • Confidentiality and FERPA requirements

Training materials will be posted publicly as required by law.

VII. Records and Documentation

ENCSD will maintain all Title IX records as required by the NC Functional Schedule, including:

  • Reports
  • Supportive measures
  • Investigations
  • Determinations
  • Appeals
  • Training materials
  • ADA accommodations provided

Records will be stored consistent with NC Functional Schedules and FERPA protections.

 

 

VIII. Policy Review

This policy will be reviewed at least annually or more frequently if federal or state regulations change, including updates released by NCDPI, NC OSHR, and the US Department of Education.

Legal References

  • Title IX (20 U.S.C. § 1681)
  • Title VI of the Civil Rights Act
  • ADA (Titles I & II)
  • Section 504
  • IDEA
  • FERPA
  • Violence Against Women Act (VAWA)
  • NC General Statutes Chapter 115C
  • NCDPI Title IX and Civil Rights Guidance
  • NC OSHR Employment Policies

NC DOA Statewide Discrimination/Harassment Policies

Policy