NC State is committed to ending 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 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 Interpersonal Violence
Interpersonal violence includes:
1. In a current or former dating, romantic or intimate relationship, engaging in physical, sexual, emotional, economic, or psychological actions or threats of actions that a reasonable person in similar circumstances would find abusive, intimidating, or threatening;
2. 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. This may include, for example, non-consensual communication, including in-person or cyber communication or contact, surveillance, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on websites, written letters, gifts or any other communications that are unwelcome and/or place another person in fear of, or at risk of, physical injury or danger.
- 10.15 Sexual Misconduct
Sexual Misconduct includes:
(a) Title IX Sexual Harassment and Retaliation, defined in NCSU POL 04.25.07 – Title IX Sexual Harassment Policy as:
(I) “Title IX Sexual Harassment” means conduct on the basis of sex that satisfies one or more of the following:
(1) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity at NC State; or
(2) Sexual assault as defined in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act,” specifically 20 U.S.C. 1092(f)(6)(A)(v)), dating violence as defined in Violence Against Women Act (“VAWA,” specifically 34 U.S.C. 12291(a)(10)), domestic violence as defined in VAWA (34 U.S.C. 12291(a)(8)), stalking as defined in VAWA (34 U.S.C. 12291(a)(30)) (for ease of reference the definitions as they appear in those laws are provided below).
(A) Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation including:
(i) Rape, defined as the carnal knowledge of a person, without the consent of the person, including instances where the person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity;
(ii) Sodomy is oral or anal sexual intercourse with another person, without the consent of the person, including instances where the person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity;
(iii) Sexual Assault With An Object, defined as the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the person, including instances where the person is incapable of giving consent because of his/her youth or because of age or because of temporary or permanent mental or physical incapacity;
(iv) Fondling, defined as the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the person, including instances where the victim is incapable of giving consent because of his/her youth or because of of age or because of temporary or permanent mental or physical incapacity;
(v) Incest, defined as nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law;
(vi) Statutory Rape, defined as nonforcible sexual intercourse with a person who is under the statutory age of consent.
(B) Dating violence means violence committed by a person—
(i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(ii) where the existence of such a relationship shall be determined based on the consideration of the following factors:
a) The length of the relationship;
b) The type of relationship;
c) The frequency of interaction between the persons involved in the relationship;
(C) Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitation with the victim as a spouse or intimate partner, by a person similarly situation to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family laws of the jurisdiction;
(D) Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to-
(i) fear for their own safety or the safety of others; or
(ii) suffer substantial emotional distress.
(II) Title IX Retaliation is intimidating, threatening, coercing, or discriminating against any person for the purpose of interfering with any right or privilege secured by Title IX, POL 04.24.05, or this policy because the person made a report or complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this policy or the companion regulations.
(b) Sexual Harassment, defined in NCSU POL 04.25.05 – Equal Opportunity, Non-Discrimination and Affirmative Action Policy as a form of Harassment (also defined in POL 04.25.05) which is based on a person’s sex or is of a sexual nature. Sexual Harassment can include unwelcome sexual advances, requests for sexual favors, sexual exploitation, and other verbal, non-verbal or physical harassment of a sexual nature, including, but not limited to:
(I) 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;
(II) Sexual Contact without Consent, which is the intentional touching of another person’s intimate parts (including mouth, 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 their own or another person’s intimate parts; or
(III) Sexual Penetration without Consent, which is the penetration (anal, oral, or vaginal) of another person, however slight, by a penis, tongue, finger, or an inanimate object; or mouth to genital contact or genital to mouth contact; or where a person is forced, caused, or made to sexually penetrate themself or another person.
(c) Retaliation, (including threats, harassment, intimidation, coercion) against a person because they made a complaint alleging conduct in violation of Section 10.15(b), participated as a witness or party in an investigation, proceeding, or hearing involving an alleged violation of Section 10.15(b); or requested a reasonable accommodation relating to allegations under Section 10.15(b).
To the extent there are any differences in the definition of Title IX Sexual Harassment in this Section 10.15 and POL 04.25.07, POL 04.25.07 controls. To the extent there are any differences in the definition of Sexual Harassment in this Section 10.15 and POL 04.25.05, POL 04.25.05 controls.
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 and make an appropriate determination regarding which charge(s), if any, are 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 email@example.com.
Retaliation for reporting interpersonal violence or sexual misconduct is prohibited. 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 their 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 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 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.