Non-Discrimination and Title IX

Non-Discrimination

Lees-McRae College does not discriminate on the basis of race, sex, color, age, religion, national and ethnic origin, disability, or other individual distinctions in its programs, procedures or hiring and employment practices. The College will take affirmative action to ensure this policy is enforced.

Title IX  

Title IX of the Education Amendments Act of 1972 is a federal law that prohibits sex discrimination in education. Sex discrimination includes sexual harassment and sexual assault.

It reads: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106 (Title IX).

Who to Contact

Inquiries concerning the application of Title IX for students may be referred to the Director of Compliance and Title IX Coordinator, Jeffrey Merrill, at merrillj@lmc.edu or 828.898.8783.

Filing a Complaint

Any student who believes he or she has been subjected to discrimination, sexual harassment, and/or related retaliation should promptly report the incident(s) to the Title IX Coordinator. A third party (including, but not limited to, anyone receiving services from the member, vendors, and private business associates) should promptly report the incident(s) involving a university employee to the Title IX Coordinator.

Complaints may be known as soon as possible to any faculty/staff member or administration official, including Security, bet are best and most quickly addressed if made know to the Director of Compliance and Title IX Coordinator. It is most helpful at the time the complaint is made known that the following information is provided: name and address of the complainant(s); nature, date and description of alleged violation; name(s) of persons responsible for the alleged violation; requested relief for corrective action; and any background information that the complainant believes to be relevant.

A student’s complaint alleging discrimination, sexual harassment, and/or retaliation should be filed in accordance with the appropriate procedure related to the complainant’s status (i.e. staff, faculty, student.). Information concerning the appropriate procedure based upon the complainant’s status may be obtained from the Title IX Coordinator.

If you have been the victim of sexual harassment, under Title IX, you have certain rights. If you file a complaint, that complaint will be investigated and a prompt and equitable resolution will be provided.  In most cases an investigation and resolution can be achieved in 60 days. The resolution to your complaint must:

  • Ensure that the discriminatory conduct does not continue
  • Provide sanctions to prevent recurrence of harassment
  • Remedy the effects of the discrimination

If a complaint results in a Student Conduct Hearing, the complainant has the following rights in addition to the standard Conduct Hearing Rights.

  • the right to be notified of the timeframes for all major stages of the investigation
  • the right to present witnesses and evidence
  • the school must resolve the complaint based on what they think is more likely than not to have happened (this is called a preponderance-of-the-evidence standard of proof). The school cannot use a higher standard of proof.
  • the right to be notified in writing of the outcome of the complaint and any appeal, including any sanctions that directly relate to you
  • the right for an appeal process (it must be equally available for both parties)
  • the right to have any proceedings documented, which may include written findings of fact, transcripts or audio recordings. Documents of hearing will follow Student Code of Conduct Hearing procedures.
  • the right not to “work it out” with the alleged perpetrator in mediation. Mediation cannot be required for sexual harassment claims and is not appropriate in cases involving sexual violence complaints.

 
If you would like more information or to file a complaint, please contact:

Jeffrey Merrill
Director of Compliance and Title IX Coordinator
merrillj@lmc.edu | 828.898.8783