Title IX Compliance

Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefit, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Title IX is an anti-discrimination law based on gender. Sexual harassment and sexual assault are considered discrimination and fall under Title IX protection on a university campus.

Sexual Misconduct Should be Reported to the University

All students, faculty, and staff experiencing Sexual Misconduct are strongly encouraged to report it to the Interim Title IX Coordinator in person, by telephone, by mail or by email to:

Lesley Villarose, M.Ed
Vice-President for Student Development and Dean of Students
Interim Title IX Coordinator and ADA Coordinator
Gardner-Webb University
Tucker Center
PO Box 7271
Boiling Springs, NC 28017
P (704) 406-2081
[email protected]

Sexual Misconduct may also be Reported to Law Enforcement

Because Sexual Misconduct may in some instances constitute both a violation of University policy and a crime, and because Gardner-Webb’s Complaint process is not a substitute for initiating legal action, Gardner-Webb encourages individuals experiencing Sexual Misconduct to also report it to law enforcement authorities.

• Individuals may seek emergency assistance or initiate a criminal complaint directly with local law enforcement agencies by dialing 911.
• Gardner-Webb’s University Police may be contacted at (704) 406-4444. University Police are available 24 hours a day, 7 days a week.
• The Boiling Springs Police Department telephone number is (704) 434-9691 and its address is 114 E. College Ave., Boiling Springs NC.
• It is important to note that filing a report or otherwise contacting Gardner-Webb’s Police Department does not require the filing of criminal charges.
• Individuals may inform law enforcement authorities about Sexual Misconduct and discuss the matter with a law enforcement officer without making a formal criminal complaint (or filing a Complaint or Formal Complaint of alleged Sexual Misconduct with the Title IX Officer). Individuals who make a criminal complaint may also choose to pursue a Title IX Complaint or Formal Complaint with the University simultaneously.
• A criminal investigation into the matter does not preclude the University from conducting its own investigation (nor are the facts or results of a criminal investigation necessarily determinative of whether the alleged conduct violates this Policy or any other Gardner-Webb policy). However, the University’s investigation may be delayed temporarily while the criminal investigators are gathering evidence or for other good cause as determined by the Title IX Coordinator. In the event of such a delay, Gardner-Webb may implement Supportive Measures and accommodations it deems necessary and appropriate to ensure the safety and well-being of the parties and/or the Gardner-Webb community.

Anonymous Complaints

Individuals experiencing Sexual Misconduct may also file an anonymous report by using the Incident Report here. Individuals who choose to file anonymous reports are advised that it may be difficult or impossible for the University to follow up or take action based on anonymous reports. Anonymous reports without personally identifiable information, however, may be used for purposes of compliance with Gardner-Webb’s obligations under the Clery Act.

The Option of Not Reporting Sexual Misconduct and Gardner-Webb’s Right to do so

Individuals experiencing Sexual Misconduct may choose not to report Sexual Misconduct to anyone. Gardner-Webb respects and supports the individual’s decision with regard to reporting; however, if information about Sexual Misconduct comes to the attention of the Title IX Coordinator the University may (1) start an investigation even in the absence of a Complaint; and (2) notify appropriate law enforcement authorities if required or warranted by the nature of the information of which it becomes aware. While no finding of a Title IX violation will occur without the filing of a Formal Complaint by the Complainant or Title IX Coordinator, Gardner-Webb may determine that the Sexual Misconduct Policy has been violated and impose appropriate sanctions based upon an investigation stemming from a Complaint or other information brought to the attention of the University

University Employees are MANDATORY REPORTERS of Reports of Sexual Misconduct

Any University employee who receives information indicating that another member of the campus community (faculty, staff, or student) has been the victim of Sexual Misconduct must report this information to the Interim Title IX Coordinator. The only exceptions to this reporting obligation are employees who have a confidential relationship with the alleged victim that is recognized by law, such as Counseling Center staff and campus ministers (clergy).

Resources

Additional information related to Title IX or sexual assault may be found on the following websites or by calling these telephone numbers.

Awareness Campaigns

Awareness Campaigns are held throughout the year to bring sexual violence prevention information and awareness to the campus community.