Relationship or Interpersonal Violence and Sexual Misconduct
NC State is committed to ending relationship or interpersonal violence and sexual misconduct on our campus. The Office of Student Conduct is committed to easing the burden placed on those who report these types of behaviors. We encourage all individuals who may have experienced relationship or interpersonal violence or sexual misconduct to reach out for support by contacting the Office of Student Conduct or connecting with other resources.
Code of Student Conduct, Section 10
- 10.14 Relationship or Interpersonal Violence
Relationship or interpersonal violence includes Dating Violence, Domestic Violence, and Stalking. Relationship or interpersonal violence occurs when one person in a social relationship of a romantic or an intimate nature uses abuse to maintain power over a partner. Abusive behaviors can be physical or emotional, including but not limited to, threats of self-harm or hard to others, pervasive and derogatory name calling, belittling, isolation, engaging in sexual acts while in a dating or domestic relationship when one of the individuals does not consent.
(a) Dating Violence is conduct arising out of a social, personal, romantic or intimate relationship or a dating relationship that: inflicts physical injury upon another person; or is a pattern of coercive behavior that is used by one person to gain power and control over another. It may include the use of physical and sexual violence, verbal and emotional abuse, or any conduct that places another in far of, or at risk of, physical injury or danger.
(b) Domestic Violence is conduct arising out of a personal, romantic or intimate relationship where the parties are current or former spouses, persons who live together or have lived together, have child in common, are current or former household members that: inflicts physical injury upon person fitting this definition; or is a pattern of coercive behavior that is used by one person to gain power and control over another. It may include the use of physical and sexual violence, verbal and emotional abuse, or any conduct that places another in fear of, or at risk of, physical injury or danger.
(c) Stalking is engaging in a course of conduct directed at a specific person, whether in the context of a social or intimate relationship or otherwise, that would cause a reasonable person to feel fear for their safety or safety of others or suffer substantial emotional distress. Stalking, including cyber stalking, may include, for example, non-consensual communication, including in-person communication or contact, surveillance, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on web sites, written letters, gifts or any other communications that are undesired and/or place another person in fear of, or at risk of, physical injury or danger.
- 10.15 Sexual Misconduct
Sexual Misconduct includes:
(a) Sexual Harassment, as defined in NCSU POL 04.25.05 (Equal Opportunity and Non-Discrimination Policy). Sexual harassment may include, for example, unwelcome sexual advances and sexual favors. Sexual harassment also includes any acts of sexual violence.
(b) Sexual Exploitation, which is taking sexual advantage of another person without consent, and includes, but is not limited to, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over the other person; causing the prostitution of another person; recording, photographing or transmitting identifiable images of private sexual activity and/or the intimate parts (including genitalia, groin, breasts or buttocks) of another person; voyeurism and indecent exposure, and other sexual offenses, and allowing third parties to observe private sexual acts.
(c) Sexual Contact (without consent), which is the intentional touching of a person’s intimate parts (including genitalia, groin, breast or buttocks or clothing covering any of those areas); or the deliberate touching of another person with one’s intimate parts; or using force to cause a person to touch his/her own or another person’s intimate parts.
(d) Sexual Intercourse (without consent), which is the penetration (anal, oral or vaginal) of a person by a penis, tongue, finger or an inanimate object; or
(e) Retaliation (including threats, harassment, intimidation, coercion) against a person because he/she filed a complaint alleging sexual misconduct, relationship or interpersonal violence, including dating violence, domestic violence, or stalking or participated in an investigation or procedure involving charges of sexual misconduct, relationship or interpersonal violence, including dating violence, domestic violence, or stalking.
Individuals filing a complaint are not expected to state which allegation the behavior falls under. Instead, a staff member from Student Conduct will review an incident with the individual involved and make an appropriate determination regarding which charge, if any, is applicable.
Accommodations and Interim Measures
NC State is concerned about safety and access to university services and programs. As a result, we may be able to offer reasonable accommodations regardless of whether or not a student chooses to participate in a university process. These accommodations may include:
- The imposition of a No Contact Order between the complainant and respondent
- Class schedule changes for either party
- A University Housing room reassignment for either party
A complainant will never be required to participate in a conduct process. If you would like to seek any of these, or other accommodations based on your individual circumstances, please schedule an appointment with a staff member in the Office of Student Conduct by calling 919.515.2963, or emailing us at firstname.lastname@example.org.
Retaliation for reporting sexual misconduct is prohibited under federal law (Title IX). NC State will take action to prevent and respond to retaliation reported.
It is not the practice of the university to pursue disciplinary action against a complainant or witness for his or her improper use of alcohol or drugs provided that such student is acting in good faith as a complainant or witness to the alleged Interpersonal or Relationship Violence or Sexual Misconduct.
Right to Pursue Both the Conduct Process and Other Legal Options
Individuals who report relationship or interpersonal violence, or sexual misconduct may utilize the university conduct process in addition to—or instead of—any legal options that may also exist. While the university encourages individuals to participate in the conduct process, students may seek information from the Student Conduct regarding their options knowing that they will not be required to participate in any conduct process. The university’s ability to respond to an allegation could be limited, however, if the person reporting insists upon confidentiality. Even under such circumstances, the university will take steps to limit the impact of the reported behavior and prevent a recurrence of it. By meeting with a staff member from the Student Conduct, students can learn more about the resources available to them including any legal options they may have.
Additional Resources and Rights
In order to ease any anxiety and to encourage participation in the conduct process, the university has included several additional resources for those reporting relationship or interpersonal violence, or sexual misconduct.
- Complainants are allowed and encouraged to have a support person at any meetings involved in preparing for the hearing as well as the hearing itself.
- Should a complainant choose to participate in a hearing, they have the option of participation via the use electronic means to maintain a separation between the them and the respondent. They may also choose to participate in person.
- Complainants are given the same rights as the respondent as part of the university process.
- This includes equal access to information presented at a hearing
- The right to question the respondent and any witnesses at a hearing
- The right to be free from irrelevant questions—including questions about sexual history
- If the respondent is found responsible for the allegation, the complainant would have an opportunity to create and present an impact statement prior to the imposition of sanctions.
- A complainant also has the right to appeal the outcome of the hearing, based on standards established in the Student Discipline Procedures.
For more information, please see our FAQ for Complainants.