Western Carolina University Sexual Harassment/Assault Reporting Guide

Per the Federal Regulation of TITLE IX under the Department of Education, every faculty and staff
member is a mandatory reporter for any kind of sexual harassment/assault.

If you have not already received the information and resources needed in order to report this incident
or for the victim, please see the below documents and information:

1. Title IX Coordinator (FIRST point of contact)

1. Wes Chancey, Associate General Council (jwchancey@wcu.edu)
2. 828-227-7116
3. Title IX Information
2. Campus Police (Second point of contact):
1. Sergeant Jacob Deal, Victims Support Practitioner (jpdeal@wcu.edu)
2. 828-227-7301 (NON-emergencies)
3. 828-227-8911 (emergencies ONLY)
3. Counseling and Psychological Services (Third point of contact)
1. 828-227-7469
4. Additional Resources:
1. Know Your IX
2. Department of Justice: Not Alone
3. Changing Our Campus

Please follow the steps in order! If you have any confusion, concerns, or questions about the above
information, please let any of the above contacts or I know so that we may help guide you in the right
direction.
 Western Carolina University
Sexual Assault - Quick Reference Guide

Title IX of the Education Amendments of 1972 and Title

VII of the Civil Rights Act prohibit discrimination based
on sex, including sexual harassment and sexual
violence. The Violence Against Women Act
amendments to the Clery Act require institutions to
develop policies prohibiting sexual assault, stalking and
dating and domestic violence. University investigations
may result in discipline of an offender and remedial
measures for victims including work accommodations
and no-contact orders. WCU’s internal investigation
process is handled as discreetly as possible, but
confidentiality cannot be guaranteed. WCU prohibits
retaliation for raising complaints of sexual misconduct,
stalking, or dating/domestic violence.

IF YOU EXPERIENCE SEXUAL VIOLENCE,

SEXUAL HARASSMENT, STALKING OR
DATING OR DOMESTIC VIOLENCE - YOU
HAVE SUPPORT!
• With law enforcement:
• University Police 828-227-7301
• Emergency Line 828-227-8911 (with counseling option)
For questions, to file a • Jackson Co. Sheriffs 828-586-4355
complaint, or to discuss your
rights and protections, contact: • Sylva Police Dept. 828-586-2916
• With Western Carolina University:
Shea R. Browning
Title IX Coordinator
 • Counseling & Psychological Services 828-227-7469
office: 828-227-7116

• CAT Health (nonemergency) 828-227-7640
email: srbrowning@wcu.edu

 • With the community:
520 HFR Admin. Bldg.

Cullowhee, NC 28723
• REACH of Jackson Co. 828-586-8969
sexual assault and higher education title ix & the violence against women act

YOUR RIGHTS
rights | commitment | options | contacts

title ix coordinator
contact:
shea r. browning

ph: 828-227-7116

email: srbrowning@wcu.edu

commitment
wcu is committed to the safety
and well-being of its students
about incidents of sexual
misconduct, harassment or
violence (including sexual
assault, stalking, and dating/ options
domestic violence, whether
wcu’s title ix coordinator exists to help you explore your options
on- or off-campus. if you
in a safe, non-judgmental environment. the title ix coordinator
experience any type of sexual
violation, please know that you
can connect you with services including:
have options, you have rights
• academic accommodations
and support is available to you.
• counseling
rights
• emergency housing
title ix of 1972 prohibits • legal / law enforcement options
discrimination based on
gender - including sexual • medical assistance
discrimination, sexual violence,
• university complaint process
stalking, and dating/domestic
violence. wcu is committed to ***WCU prohibits retaliation against anyone for raising
a discrimination-free complaints under Title IX or the Violence Against Women
workplace and learning Act.
environment.
Western Carolina
University
Chief Compliance Officer
520 HFR Admin. Bldg.
Cullowhee, NC 28723
Phone: 828.227.7116

Email: jwchancey@email.wcu.edu

Responsibility for the content of this document

rests solely with the Chief Compliance Officer
(“CCO”) . To provide feedback, the CCO may be
reached at the contact information listed above.

EMPLOYEE
TITLE IX TRAINING
 TITLE IX AND DISCRIMINATION
2

Campus Sexual Assault and Title IX Compliance

One in four women are assaulted while attending an institution of higher learning in
the United States. But only 13% of forcible rapes on our nation’s campuses are
reported and only 3% of incapacitated sexual assaults are reported. Further, one
need only glance at the headlines on virtually any given day to see the prevalence of
the topic. It is obvious that the issue of campus sexual assault and other forms of
gender-based discrimination is very real and deserving of our attention and efforts.
We believe that the statistics at WCU are better than the national average. But we
will always be committed to making double and triple sure that our students and
employees enjoy complete physical security.
As such, we must ensure that our institution takes all available steps to protect
students and employees. This document is meant to clarify precisely what duties and
protections you as an employee of Western Carolina University (“WCU”) have under
the law. But most importantly, this document is about the prevention of campus
sexual assault and gender discrimination at WCU. Everyone at WCU has a right to live
free of gender-based discrimination. As we go forward together, I hope you will
pledge to make this issue a priority in the coming academic year and beyond.

Crimes Percentages
Forcible Rapes 13% Campus Sexual
Incapacitated Sexual Assault 3%
Assault
Women Sexually Assaulted in Higher Ed. 25%1
Reported Unreported

87% 97%

25%
13% 3%

Forcible Rape Incapacitated Women

Assaulted

1
One in four women are sexually assaulted while attending an institution of higher education.
 TITLE IX AND DISCRIMINATION
3

WCU Employees’ Primary Title IX Obligation - Reporting

Title IX strictly prohibits gender-based discrimination and imposes duties upon the
institution when any employee learns of or suspects an incident of discrimination.
Any experienced, known, or suspected gender-based discrimination must be reported
to one of WCU’s “Title IX Coordinators.” A Title IX Coordinator is a specifically
designated individual who is trained in victim outreach and compliance with our
duties under Title IX. Shea Browning, listed below, is the Title IX Coordinator for
campus. Kellie Monteith, Teri Domagalski, and Kevin Koett are Deputy Title IX
Coordinators and likewise may be contacted for reporting or inquiries.

WCU TITLE IX COORDINATORS

Shea Browning Kellie Monteith

Associate General Counsel
520 HFR Admin. Bldg.
Cullowhee, NC 28723
Email:
srbrowning@email.wcu.edu
Phone: (828) 227-2520
Assistant Vice Chancellor
114 Scott East
Cullowhee, NC 28723
Email:
monteith@email.wcu.edu
Phone: (828) 227-7147

Teri Domagalski Kevin Koett

Provost Fellow for Dean of Students
Faculty Relations 114 Scott East
Forsyth, Rm. 319 Cullowhee, NC 28723
Cullowhee, NC 28723 kskoett@email.wcu.edu
tdomagalski@email.wcu.edu Ph: (828) 227-7147
Ph: (828) 227-3589 (For student-on-student
incidents).
 TITLE IX AND DISCRIMINATION
4

Types of Gender-Based Discrimination

Forcible Rape
Sexual Discrimination

Nonconsensual
Sexual Violence
Sexual Activity
Sexual
Exploitation

Quid Pro Quo

Sexual
Harassment Hostile
Environment
“Sexual Discrimination” encompasses many ideas – some of which are listed here.
These prohibited behaviors are discussed in greater detail below.

Definitions with Examples

v Sexual Violence à Any physical sexual act against the victim’s will or
without lawful consent.
o Examples: Forcible rape; surreptitious photographing; incapacitated
rape; unconsented fondling; etc.

v Sexual Harassment à Any unwelcome conduct of a sexual nature.

o Examples: Catcalling; sexually suggestive remarks; unwanted sexual
advances; harassing telephone calls of a sexual nature; gender-based
 TITLE IX AND DISCRIMINATION
5

name-calling (queer, fairy, slut, whore, etc.); displaying sexual imagery;

etc.)
§ “Sexual Harassment” also encompasses two broad sub-categories:
§ 1) Hostile Environment – Conduct of a sexual nature that is
sufficiently severe, persistent, or pervasive to limit a student’s
ability to participate in or benefit from the educational
program, or to create a hostile or abusive educational
environment.
• Examples: i) A faculty professor makes sexually suggestive
remarks to one of her students. The student is made
uncomfortable and has difficulty paying attention. ii) A
group of fraternity brothers hurl sexual insults at a female
after she had a consensual sexual encounter with a member
of the group’s fraternity. The name-calling limits the
student’s desire to go to class because she dreads the
insults.
§ 2) Quid Pro Quo Harassment – A promise to give some material
benefit in exchange for sex; or the threat to withdraw a
material benefit if the victim does not consent to sexual
activity.
§ Examples: i) A professor tells a female student, “You might do a
little better in my class if you’d just go out with me.” ii) A
supervisor tells his employee, “You know that evaluation is coming
up, if you want any chance of doing well you’d better get used to
spending lots of time with me.”
 TITLE IX AND DISCRIMINATION
6

Title IX - Gender Based Discrimination Prohibited

Sexual Harassment Sexual Violence

Hostile Sexual
Quid Pro Quo Environment Forcible Rape Exploitation Lack of Consent

Who is protected under Title IX at WCU?

Everyone at WCU, students and employees alike, has a right to live free of gender-
based discrimination. This includes discrimination by members of the same sex. For
example, a homosexual supervisor can create a hostile environment for a same-sex
employee; or if a group of male students bully an effeminate man for not being
“masculine enough,” this could also give rise to a hostile environment. This is known
as “gender stereotyping” harassment and such conduct is prohibited.

If a student, faculty member, SPA or non-SPA staff member, or a third party

experiences sexual discrimination of any kind, it should immediately be reported to a
Title IX Coordinator for investigation.

Title IX Coordinator
When you learn of sexual discrimination of any type, you must contact and inform a
Title IX Coordinator. Likewise, even if you merely suspect prohibited conduct, you
should contact a Title IX Coordinator for guidance. IF A CRIME IS SUSPECTED YOU
SHOULD INFORM THE POLICE.

Institutional Response
Once contacted, our Title IX Coordinator can then reach out to the victim to assess
the victim’s needs and assess what the institution can do to prevent the
 TITLE IX AND DISCRIMINATION
7

discrimination and address its effects. Our response is custom tailored to assist the
victim recover from - and move beyond - the discrimination. Remember, that
students as well as employees are protected under Title IX. So if you experience,
witness, or suspect any gender-based discrimination regarding anyone affiliated with
WCU, it is vital that a Title IX Coordinator be informed so the institution can take
appropriate corrective action.

Further, reporting incidents of discrimination gives WCU the aggregate data it needs
to make the campus a safer and more welcoming place. For example, if three
employees report stalking around a certain section of campus, it is likely that WCU
would tailor a response to minimize the danger, such as adding extra lighting, placing
an emergency telephone nearby, etc. As another example, if four students reported
that an employee is directing sexual comments toward some students, our institution
would likely respond in a way to determine what happened and minimize the chance
of it recurring.

What we don’t know can and often does hurt us. Our semployees are the eyes
and ears of our response capability and without effective communication our
institution cannot accomplish what it has been charged to accomplish.

Why don’t I just call the Police?

If a crime is suspected, you should always call law enforcement. But you should – at
your earliest opportunity – also inform a Title IX Coordinator. WCU has a duty to
investigate the incident apart from law enforcement. Further, we often work with
local law enforcement as part of our investigation. As such, if a crime is suspected
you should call the police first. But additionally, it is critical that a Title IX
Coordinator be informed as soon as possible.
 TITLE IX AND DISCRIMINATION
8

Why can’t I just handle it locally – at the department level, or

within the dorm, etc.?
When matters are not reported to appropriate personnel, even if done with the best
of intentions, it looks a lot like a cover-up. Because when an employee has an
existing duty to report information, and the employee does not report that
information, it *is* a de facto cover-up. We know that a local failure to report is a
low-probability event. But the effects of such a failure would be devastating to our
institution.

We face especially difficult choices when an acquaintance asks us to keep

information about sexual discrimination a secret. Information learned in such a
circumstance still triggers a duty to report. For this reason, it is important to tell
people up front that we cannot always guarantee absolute confidentiality.

Confidentiality
WCU guarantees each reporting person that we will protect the victim’s
confidentiality and privacy to the fullest extent possible under the law. We will not
and cannot compel a victim to participate in an investigation or hearing. But the
university is required to investigate what happened and work to prevent the
discrimination and prevent its recurrence. Sometimes the mere fact of an
investigation can “tip off” an alleged perpetrator that the victim has taken action,
even though we would not reveal the accuser’s identity. Because of our duty to
investigate, we cannot promise absolute confidentiality.

The investigations are often limited to what the victim reports and to the extent that
the victim wishes to take part in the investigation. We work to balance the desire for
confidentiality with the need to protect members of our institution. In so doing, we
seek to empower victims with the resources they need to recover and participate in
an active way. This involves a balanced and nuanced approach – custom tailored to
the victim’s experience and needs – and often includes things like counseling,
accommodating any learning difficulties, altering class schedules or living
arrangements, etc.
 TITLE IX AND DISCRIMINATION
9

Nonretaliation
Nonretaliation is one of the hallmarks of Title IX. Retaliation for reporting incidents
of discrimination is strictly prohibited at WCU. Reporting discrimination will not
result in any adverse action for reporting. Period. WCU will react swiftly should it
learn of retaliatory action against a reporting individual.

Conclusion
Everyone at WCU has a right to live free from gender-based discrimination. Most
importantly, we must make the issue of campus sexual assault a priority. For
decades, sexual assault was a national problem that remained in the shadows –
underreported and neglected. Those days are behind us. For the sake of future
victims, whose suffering we have the power to prevent, I am asking you to make this
issue a priority.

If you have any questions or wish to provide feedback regarding this training, please feel free to contact the WCU Chief
Compliance Officer, J. Wesley Chancey, at the contact information below. Responsibility for the content of this document rests
solely with the Chief Compliance Officer.

WCU Chief Compliance Officer

520 HFR Admin. Bldg
Cullowhee, NC 28723
Ph: (828) 227-7116
Email: jwchancey@email.wcu.edu