NPC takes all reported sexual misconduct and harassment seriously. NPC will promptly discipline any individuals within its control who are found responsible for violating this Policy. Additionally, reported sexual misconduct, harassment, and retaliation that does not meet the definitions and jurisdiction of this policy will be referred for review under the Non-Title IX Sexual Harassment Policy in compliance with VAWA and Clery Act.
This Policy applies to students and employees as follows:
The Title IX Coordinator is the NPC administrator who oversees NPC’s compliance with Title IX. The Title IX Coordinator is responsible for administrative response to reports and Formal Complaints of Sexual Harassment. The Title IX Coordinator is available to discuss the grievance process, coordinate supportive measures, explain NPC’s policies and procedures, and provide education on relevant issues.
The Title IX Coordinator may designate the Deputy Title IX Coordinator to facilitate these responsibilities.
Any member of the NPC’s community may contact the Title IX Coordinator with questions. Title IX Coordinator and Deputy
Title IX Coordinator is as follows:
Dr. Stephanie Rizzo
Title IX Coordinator
501-760-4356
Stephanie.Rizzo@np.edu
John Tucker Deputy
Title IX Coordinator and Dean of Students
501-760-4229
John.Tucker@np.edu
In addition to the Title IX Coordinator, NPC appoints investigators, decision-makers, and informal resolution facilitators who have roles in the formal grievance process more fully explained in Sections 6 through 8 of this Policy.
The Title IX Coordinator, Deputy Title IX Coordinator, investigators, decision-makers, and informal resolution facilitators will receive annual training in compliance with Title IX. All administrators in these roles will not rely on sex stereotypes and will provide impartial investigations and adjudications of Formal Complaints of Sexual Harassment. All materials used to train these administrators will be publicly made available on NPC’s website in accordance with Title IX requirements.
The Title IX Coordinator, Deputy Title IX Coordinator, investigators, decision-makers, and informal resolution facilitators shall not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
NPC will use electronic mail (email) for purposes of communication and notification under this Policy.
Freedom of speech and principles of academic freedom are central to the mission of institutions of higher education. Constitutionally protected expression cannot be considered Sexual Harassment under this Policy.
This Policy will be made available to all NPC administrators, faculty, staff, and students online at NPC Title IX Webpage and in NPC’s NPC Student Code of Conduct and any Employee Code of Conduct of operating procedures.
The effective date of this Policy is July 1, 2025
Neither NPC nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or this Policy or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy.
Reporting sexual harassment, harassment, discrimination, and related inappropriate conduct is encouraged at NPC. Thus, it is imperative that Complainants and witnesses share information without fear of potential consequences for certain policy violations including, but not limited to, underage consumption of alcohol, the use of illicit drugs, or violations of other NPC policies that do not cause harm or place the health or safety of any other person at risk.
NPC offers parties and witnesses amnesty from such violations, but may be responsible for other, more serious conduct that does harm or place the health or safety of any other person at risk. After granting amnesty, NPC may include educational opportunities for individuals in lieu of a finding of responsibility or punitive sanctions with the student regarding alcohol or drugs. This Section does not apply to reports to the police; rather, it applies only to discipline for violations of NPC’s NPC Student Code of Conduct or Employee Code of Conduct.
This Policy takes precedence over other NPC policies and procedures concerning Sexual Harassment under Title IX in the event of a conflict.
NPC reserves the right to modify this Policy to take into account applicable legal requirements. NPC will regularly review this Policy to determine whether modifications should be made.
Alleged violations of other NPC policies that arise from the same events as alleged sexual misconduct under this Policy will be investigated and resolved under the grievance process in this Policy unless the Sexual Harassment has been dismissed under Section 5.2 of this Policy.
The burden rests with NPC to prove that a violation of this Policy occurred by a Preponderance of the Evidence (More likely than not).
2.1.1 Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
2.1.2 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 Rape, Fondling, Incest, and Statutory Rape as defined in this Policy.
2.1.3 Rape means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Consent of the victim.
2.1.4 Fondling (Fondling is referred to as Forcible Fondling in the UCR) means the touching of the private body parts of another person for the purpose of sexual gratification, without the Consent of the victim, including instances where the victim is incapable of giving Consent because of his/her age or because of his/her temporary or permanent mental Incapacity.
2.1.5 Incest (Incest is a Nonforcible Offense in the UCR) means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
2.1.6 Statutory Rape (Statutory Rape is a Nonforcible Offense in the UCR) means sexual intercourse with a person who is under the statutory age of Consent.
2.1.7 Dating Violence means violence committed by a person:
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
2.1.8 Domestic Violence includes felony or misdemeanor crimes of violence committed by:
2.1.9 Stalking means engaging in a Course of Conduct directed at a specific person that would cause a Reasonable Person to:
2.3.1 Actual Knowledge means notice of Sexual Harassment allegations to the Title IX Coordinator or any Official with Authority, except that actual knowledge is not met when the only individual with actual knowledge is the Respondent.
2.3.2 Business Day means any weekday not designated by NPC as a holiday or administrative closure day. When calculating a time period of Business Days specified in this Policy, the Business Day of the event that triggers a time period is excluded.
2.3.3 Complainant means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment. Complainants and Respondents are referred to collectively as “parties” throughout this Policy.
2.3.4 Confidential Employee means an individual who will not report any information about an incident to the Title IX Coordinator without the Complainant’s permission.
2.3.5 Disciplinary Sanctions are imposed only after a finding of responsibility through the grievance process or an agreement through the informal resolution process.
2.3.6 Education Program or Activity includes locations, events, or circumstances over which NPC exercises substantial control over both the Respondent and the context in which the Sexual Harassment occurs. This includes conduct that occurs on NPC property, during any NPC activity, or in any building owned or controlled by a student organization that is officially recognized by NPC.
2.3.7 Formal Complaint means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that NPC investigate the allegation of Sexual Harassment.
2.3.8 Official with Authority means an individual who has the authority to institute corrective measures and is required to report Sexual Harassment to the Title IX Coordinator to initiate NPC’s response to the Sexual Harassment allegations.
Officials with Authority include:
2.3.9 Remedies are designed to restore or preserve equal access to NPC’s Education Program or Activity. Remedies may include, but are not limited to, the same individualized services as Supportive Measures; however, Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the Respondent.
2.3.10 Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment. Complainants and Respondents are referred to collectively as “parties” throughout this Policy.
2.3.11 Responsible Employee means any individual who is employed by NPC and not deemed to be a Confidential Employee or Official with Authority. Responsible Employees are expected by NPC to report Sexual Harassment to the Title IX Coordinator promptly upon receiving a report of a Sexual Harassment.
2.3.12 Retaliation means intimidation, threats, coercion, or discrimination, including charges against an individual for NPC Student Code of Conduct or Employee Code of Conduct violations that do not involve sex discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX or this Policy.
2.3.13 Supportive Measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.
Such measures are designed to restore or preserve equal access to NPC’s Education Programs or Activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or NPC’s educational environment, or deter Sexual Harassment.
Supportive Measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
3.1.1 Reporting to Title IX Coordinator: Reports of Sexual Harassment may be made to the Title IX Coordinator in any of the following ways, by anyone, at any time: email, phone, online form, mail. Reports may also be made to the Title IX Coordinator in person. After Title IX Sexual Harassment has been reported to the Title IX Coordinator, the Title IX Coordinator will promptly offer supportive measures to the Complainant, regardless of whether the Complainant was the reporter of the Sexual Harassment.
3.1.2 Reporting to Officials with Authority: If Officials with Authority are notified of Sexual Harassment, they shall promptly report such Sexual Harassment to the Title IX Coordinator who will take immediate action under this Policy.
3.1.3 Reporting to Confidential Employees: NPC employees who work in the Health Clinic, Counseling Center, and Campus Ministries are considered Confidential Employees when they are operating under their respective licenses at the time the information was received. Reports made to Confidential Employees under this definition are considered confidential reports and will not be reported to the Title IX Coordinator without the Complainant’s permission and will not constitute actual notice to NPC.
3.1.4 Reporting to Responsible Employees: NPC employees who are not Confidential Employees or Officials with Authority are defined as Responsible Employees and are expected to the report alleged Sexual Harassment to the Title IX Coordinator promptly upon receiving a report of Sexual Harassment.
3.1.5 Anonymous Reporting: Anonymous reports may be made by telephone, in writing or electronically at online form. A decision to remain anonymous, however, may greatly limit NPC’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Policy.
Reports may be filed with local law enforcement agencies. The Title IX Coordinator can assist with contacting law enforcement agencies. Law enforcement investigations are separate and distinct from NPC investigations.
Local Law Enforcement:
Garland County Sheriff's Office
501-622-3660
525 Ouachita Ave.
Hot Springs, AR 71901
Students and employees may report to external agencies:
Students:
Employees:
Outside Agency Confidential Support and Resources:
Supports:
There are no time limits on reporting Sexual Harassment to the Title IX Coordinator or NPC. If the Respondent is no longer subject to NPC’s Education Program or Activity or significant time has passed, NPC will have limited ability to investigate, respond, and/or provide disciplinary remedies and sanctions.
Certain NPC employees, called Campus Security Authorities, have a duty to report certain incidents of misconduct to comply with the Clery Act. Campus Security Authorities are not required to report personally identifiable information for Clery Act purposes, but statistical information must be sent regarding the type of incident that occurred and its general location (e.g., on or off-campus) for publication in an annual report of crime statistics, called the Annual Security Report. Statistics published in the Annual Security Report help to provide the campus community with a clearer picture of the extent and nature of campus crime, but the statistics do not personally identify Complainants or Respondents. Reports by Campus Security Authorities are not official police reports and do not initiate criminal investigations.
When Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking are reported under the Clery Act, NPC must issue timely warnings for such incidents that pose a serious or continuing threat of bodily harm or danger to members of the campus community.
NPC will not disclose a Complainant’s name and other identifying information in a timely warning but will provide sufficient information for NPC community members to make informed safety decisions in response to potential danger.
NPC recognizes that a Complainant may need time to decide whether to report an incident of Sexual Harassment to the police and/or NPC. The purpose of this section is to provide Complainants with suggestions on preserving evidence while they decide whether to report an incident.
NPC encourages Complainants, as soon as possible after experiencing Sexual Assault, to take steps to preserve evidence such as:
Upon receipt of a report of Sexual Harassment, the Title IX Coordinator will promptly contact the Complainant, regardless of whether the Complainant was the individual who initiated the report. During the initial contact with the Complainant, the Title IX Coordinator will:
A Formal Complaint must:
In limited circumstances, if a Complainant does not sign a Formal Complaint, the Title IX Coordinator may sign a Formal Complaint. In determining whether to sign a Formal Complaint, the Title IX Coordinator will consider factors that include but are not limited to:
5.2.1 Required Dismissal: The Title IX Coordinator will dismiss a Formal Complaint for purposes of Sexual Harassment if:
Dismissal of a Formal Complaint does not preclude action under other provisions of NPCS’s policies and procedures. If a Formal Complaint is dismissed, the matter will be reviewed to determine whether it will be pursued under another NPC Policy.
5.2.2 Permissive Dismissal: The Title IX Coordinator may dismiss a Formal Complaint or any allegations within the Formal Complaint, if at any time during the investigation or hearing:
5.2.3 Appeal of Dismissal: Either party may appeal the dismissal of a Formal Complaint or any allegations therein. See Section 7 for bases and process for appeals.
The Title IX Coordinator may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one Respondent or by more than one Complainant against one or more Respondents where the allegations arise out of the same facts or circumstances.
6.1.1 Burden of Proof and Burden of Gathering Evidence: All investigations and proceedings, including hearings, relating to Sexual Harassment will be conducted using a “preponderance of the evidence” (more likely than not) standard.
The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on NPC, not the parties.
6.1.2 Presumption of Not Responsible: The Respondent is presumed to be not responsible for the alleged conduct until a determination regarding responsibility is made at the end of the grievance process.
6.1.3 Timeframes for Grievance Process: NPC strives to complete the grievance process within one hundred and twenty (120) Business Days. Temporary delays and/or extensions of the timeframes within this Policy may occur for good cause.
Written notice will be provided to the parties of the delay and/or extension of the timeframes with explanation of the reasons for such action. Examples of good cause for delay/extensions include, but are not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
6.1.4 Medical Records: NPC will not access, consider, disclose, or otherwise use party’s records that are that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless NPC obtains that party’s voluntary, written permission to do so for the grievance process within the Policy.
6.1.5 Privileged Information: NPC will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
6.1.6 Range of Disciplinary Sanctions: Sanctions that may be required if an individual is found responsible for violating this Policy include, but are not limited to:
For Students:
For Employees:
6.1.7 Notice of Meetings, Interviews, and Hearings: Parties and witnesses will be provided notice of any meeting, interview, and/or hearing with sufficient time to prepare to participate. This notice will include the date, time, location, participants, and purposes of the meeting, interview, and/or hearing.
Upon receipt of a Formal Complaint, the investigator will provide Notice of Allegations to the parties who are known. The Notice of Allegations will include:
The Notice of Allegations will be updated and written notice provided to the parties if, at any time during the investigation, NPC decides to investigate allegations about the Complainant or Respondent that are not included in the initial Notice of Allegations.
NPC will conduct an investigation following a Formal Complaint and Notice of Allegations. During all meetings and interviews, the parties may be accompanied by an advisor of their choice, which can be, but is not required to be, an attorney. During the investigation stage of the grievance process, the advisor’s role is limited to assisting, advising, and/or supporting a Complainant or Respondent. An advisor is not permitted to speak for or on behalf of a Complainant or Respondent or appear in lieu of a Complainant or Respondent during the investigation phase of the grievance process.
6.3.1 Opportunity to Provide Information and Present Witnesses: Each party will be provided an equal opportunity to provide information to the investigator and present witnesses for the investigator to interview. The information provided by the parties can include inculpatory and exculpatory evidence. The witnesses can include both fact witnesses and expert witnesses.
6.3.2 Opportunity to Inspect and Review Evidence: Each party will be provided an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence which NPC does not intend to rely upon in reaching a determination regarding responsibility. This review includes inculpatory and exculpatory evidence that is obtained by a party, witness, or other source. Each party and their advisor (if any) will be provided an electronic copy of the evidence for inspection and review.
The parties will have ten (10) Business Days to review and submit a written response to the investigator. The investigator will consider the written responses prior to completing an investigative report. All evidence provided during the inspection and review phase will be available at any hearing for the parties to use during the hearing, including for purposes of cross examination.
6.3.3 Investigative Report: Following the opportunity to inspect and review evidence directly related to the allegations raised in the Formal Complaint, the investigator will create an investigative report that fairly summarizes relevant evidence obtained during the investigation.
6.3.4 Review of the Investigative Report: At least ten (10) Business Days prior to a hearing, the investigator will provide each party and the party’s advisor (if any) an electronic copy of the investigative report for their review and written response.
6.3.5 Investigation Timeframe: The investigation of a Formal Complaint will be concluded within ninety (90) Business
Days of the filing of a Formal Complaint. The parties will be provided updates on the progress of the investigation, as needed.
After the investigation, NPC will provide for a live hearing for all Formal Complaints of Sexual Harassment that have not been dismissed per Section 5.2 or resolved by informal resolution under Section 8. At the request of either party, or at the discretion of the Title IX Coordinator, NPC will provide for the live hearing to occur with the parties located in separate rooms with technology nabling the decision-maker and parties to simultaneously see and hear the other party or witness answering questions.
6.4.1 Information at the Hearing: The following information/evidence will be available in electronic form at the hearing:
Evidence from the investigation, including the evidence directly related to the allegations
that was reviewed by the parties, regardless of whether it was incorporated into the
report.
The investigation report and any attachments/appendices.
6.4.2 Decision-makers: The decision-maker will be appointed by NPC and will not be the Title IX Coordinator or investigator. The decision-makers will be trained, impartial, and without a conflict of interest.
6.4.3 Challenge to a decision-maker: Either party may challenge the appointment of a decision-maker, based on conflict of interest or bias, in writing to the Title IX Coordinator, no less than ten (10) Business Days prior to the scheduled hearing.
6.4.4 Advisor’s Role at the Hearing: Each party must have an advisor present at the hearing. The advisor’s role is limited to supporting, advising, and assisting the party during the hearing and conducting questioning (cross-examination) of participants. Advisors are required to follow rules of decorum enforced by the decision-maker. Failure to follow the rules of decorum by an advisor may result in removal of an advisor from the hearing. If a party does not have an advisor present at the live hearing, NPC will appoint the party with an advisor without fee or charge.
6.4.5 Recording of the Hearing: NPC will create an audio or audiovisual recording of all live hearings and make the recording available to the parties for inspection or review.
6.4.6 Hearing Process Facilitator: NPC may designate a hearing process facilitator to coordinate the hearing, including, but not limited to, coordination and scheduling of the hearing; the logistics of physical or virtual rooms for parties and/ or witnesses, including separation of the parties; ensuring all technology is working appropriately; ensuring the parties have access to electronic documents during the hearing; distributing materials; etc. The facilitator may also be the Title IX Coordinator. The facilitator may invite the parties and their advisors, separately, to a meeting prior to the hearing to review the hearing process for the purpose of ensuring a smooth hearing. This meeting is separate from the pre-hearing conference discussed below.
6.4.7 Pre-Hearing Matters: In order to streamline the hearing process, the decision-maker may request the submission of questions prior to the hearing through electronic submission and/or a pre-hearing conference.
At the pre-hearing conference, the decision-maker may also hear arguments regarding the relevance of the evidence identified in the investigation report as relevant or not relevant and/or directly related to the allegations.
6.4.8 Participants in the Hearing: Participants at the hearing include the decision-maker, the investigator(s) who conducted the investigations, the parties, advisors to the parties, witnesses, and anyone providing authorized accommodations. In addition, NPC may have a hearing facilitator present. Any witnesses scheduled to participate in the hearing must have been first interviewed by the investigator(s) or have provided a written statement or answered questions from the investigator in writing.
6.4.9 Hearing Process and Phases: The live hearing will include the following phases:
6.4.10 Determination Regarding Responsibility: After the live hearing, the decision-makers will deliberate in private.
The decision-makers will issue a written determination based on a majority vote of the decision-makers regarding responsibility using the preponderance of the evidence standard. The decision-makers will provide the Complainant and the Respondent with the written determination simultaneously. The determination regarding responsibility becomes final either on the date that NPC provides the parties with the written determination of the result of the appeal, if an appeal is filed, or, if an appeal is not filed, the date on which an appeal would no longer be considered timely. The written notice will include:
Appeals of the determination of responsibility or the dismissal of a Formal Complaint may be made on the following bases:
If an appeal is submitted, NPC will:
The appellate decision-maker will release the written decision within twenty (20) Business Days of receiving the appeal.
At any time after a Formal Complaint has been signed and before a determination regarding responsibility has been reached, the parties may voluntarily agree to participate in an informal resolution facilitated by NPC, that does not involve a full investigation and adjudication.
Types of informal resolution include, but are not limited to, mediation, facilitated dialogue, conflict coaching, restorative justice, and resolution by agreement of the parties.
Prior to entering the informal resolution process, NPC will provide the parties a written notice disclosing:
Prior to entering the informal resolution process, the parties must voluntarily agree, in writing, to the use of the informal resolution process.
Informal resolutions of a Formal Complaint will be concluded within forty-five (45) Business Days of notice to NPC that both parties wish to proceed with the informal resolution process. Such notice that the parties wish to proceed with an informal resolution process will “pause” the counting of the timeframe to conclude the grievance process of this Policy, should the informal resolution process fail and the parties continue with the grievance process.
Any final resolution pursuant to the informal resolution process will be documented and kept for seven (7) years. However, all statements made during the informal resolution process will not be used for or against either party (and the decision-maker and/ or appellate decision-maker may not consider any such statement made during informal resolution) should the parties resume the grievance process. Failure to comply with an informal resolution agreement may result in disciplinary action.
At any time after the Title IX Coordinator is on notice of Sexual Harassment, NPC may remove a Respondent on an emergency basis. NPC will only conduct an emergency removal after:
NPC may place a non-student employee Respondent on administrative leave during the pendency of the grievance process in this Policy.
NPC will maintain all of the documentation related to reports of Sexual Harassment, Formal Complaints, the grievance process, and informal resolution process for seven years in accordance with state and federal records laws and requirements.
The documentation of all records is private and confidential to the extent possible under law. Student records of the grievance process are disciplinary records under Family Education Rights and Privacy Act (FERPA). Employee records of the grievance process are subject to the Freedom of Information Act (FOIA) and applicable state laws, and included in the employee’s official employment record.
Alleged violations of the terms in this section will be sent to the Dean of Students or the Director of Human Resources for investigation and adjudication. Retaliation, providing false information in the grievance process, interfering with the grievance process, and/or violating a directive from a NPC official (including violating a No-Contact Directive) are prohibited under the NPC Student Code of Conduct and Employee Code of Conduct.
NPC Student Code of Conduct can be found here: Student Handbook
