Additional Considerations

Role of the Support Person, Attorney, and Non-Attorney Advocate

At any meeting or hearing related to the resolution of a report under the procedure, the Reporting Party or the Responding Party may have a support person present. Any support person or advocate must be noted on a FERPA release signed by the student. In addition, the parties may have a second person present: an additional Support Person, an Advocate, and the parties must provide five (5) days advance notice to the staff member hosting the meeting (unless the meeting is called on shorter notice) of the name and relationship of any individual who will accompany them to a meeting, so that all parties are aware of who will be present at any meeting.

Support Person

A Reporting Party and Responding Party may also choose to be assisted by a support person of their choice. A support person is someone who can provide emotional, logistical, or other kinds of assistance. The support person is a non-participant who is present to assist a Reporting Party or a Responding Party by taking notes, providing emotional support and reassurance, organizing documentation, or consulting directly with the party in a way that does not disrupt or delay the proceeding. Once chosen by a student to serve as a support person, the individual must meet with the Title IX Coordinator in advance of any participation in the proceedings to understand the expectations of the role, privacy considerations, and appropriate decorum. The support person cannot be a fact witness or provide testimony in the proceedings.

A party’s inclusion of a support person, or Attorney, is at the sole expense of the party unless the support person is a college employee.

External Agreements

The College will not recognize or enforce agreements between the parties outside of these procedures. The College will recognize, however, a lawfully issued protective order under North Carolina law.

Records of Student Discipline and Effect of Withdrawal

Currently active sanctions of probation, suspension, or expulsion will be noted as part of a student’s transcript.

In the event that a Responding Party chooses to withdraw from the College prior to the resolution of disciplinary charges under the Policy, the Responding Party’s transcript will be marked with the notation “Student Withdrew with Disciplinary Charges Pending.” In the event of a withdrawal, or where the Responding Party declines to participate in proceedings under the Policy, the Investigation and Hearing may proceed without the Responding Party. After withdrawing, the Responding Party will not be eligible to return to the College until the proceedings under the Policy have been finally concluded.

Records documenting disciplinary actions brought against students for violation of the Sexual Misconduct shall be maintained by appropriate offices, including the Title IX Coordinator and the Associate Officer of the Office of Civility as part of a student disciplinary record separate from the transcript.

All records will be retained consistent the North Carolina Community College System’s General Records Retention and Disposition Schedule and Department of Education’s Office of Civil Rights.