Sexual Harassment Outside of Title IX

National Park College (NPC) is committed to creating and maintaining a learning and working environment that is free from unlawful discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act, Clery Act, and the Violence Against Women Act (VAWA). Prohibited Conduct under this Policy will not be tolerated by NPC and is grounds for disciplinary action, up to and including, permanent dismissal from NPC and/or termination of employment.

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. Reported Prohibited Conduct that does not meet the definitions and jurisdiction of the Title IX Policy - Sexual Harassment (“Title IX Policy”), including Prohibited Conduct that occurs outside of the United States will be reviewed under this Policy.

 

This Policy addresses Prohibited Conduct. Prohibited Conduct includes Sexual Harassment that occurs outside NPC’s Education Program or Activity or outside the United States, Non-Title IX Sexual Harassment, and Sexual Exploitation. This Policy applies to students and employees as follows:

1. To Students: Where the Respondent is a student at NPC at the time of the alleged conduct, the alleged conduct includes Prohibited Conduct under this Policy, and does not include Sexual Harassment as defined in the Title IX Policy. Supportive measures and resources will be provided where the Complainant is a NPC student regardless of whether the Respondent is affiliated with NPC.
2. To Employees: Where the Respondent is an employee at NPC at the time of the alleged conduct, the alleged conduct includes Prohibited Conduct under this Policy, and does not include Sexual Harassment as defined in the Title IX Policy. Supportive measures and resources will be provided where the Complainant is a NPC employee regardless of whether the Respondent is affiliated with NPC.

The Title IX Coordinator is the NPC administrator who oversees NPC’s compliance with Title IX and Prohibited Conduct under this Policy. The Title IX Coordinator is responsible for the 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, Deputy 

Title IX Coordinator, and Title IX Liaison contact information 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 5 through 7 of this Policy.

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 Prohibited Conduct 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. 

Retaliation and False Statements Prohibited: 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 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.

1. Alleged violations of Retaliation will be referred to the NPC’s NPC Student Code of Conduct and/or Employee Code of Conduct.
2. The exercise of rights protected under the First Amendment does not constitute Retaliation prohibited under this Policy.
3. Charging an individual with a Code of Conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy does not constitute Retaliation prohibited under Policy. However, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

 

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 ("Amnesty"). 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 Prohibited Conduct other than the Title IX Policy.

Modification and Review of this Policy: 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 the NPC Student Code of Conduct or Employee Code of Conduct that arise from the same events as alleged Prohibited Conduct under this Policy, other than alleged violations of the Title IX Policy, will be investigated and resolved under the grievance process in 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:

1. An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity (A severe, pervasive, and objectively offensive assessment includes, but is not limited to, a consideration of the frequency of the offensive conduct, the nature of the unwelcome sexual acts or words, such as whether the harassment was physical, verbal or both; whether the harassment was merely an offensive utterance; and the number of victims involved and the relationship between the parties including, but not limited to, the ages of the Complainant and the Respondent. In evaluating whether conduct is severe, pervasive, and objectively offensive, NPC will look at the totality of the circumstances, expectations, and relationships.); or
3. Sexual Assault, Dating Violence, Domestic Violence, or Stalking as defined in this Policy.

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—

1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
   1. The length of the relationship,
   2. The type of relationship,
   3. The frequency of interaction between the persons involved in the relationship.

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:

• a current or former spouse or intimate partner of the victim,
• a person with whom the victim shares a child in common,
• a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
• a person similarly situated to a spouse of the victim under the State’s domestic or family violence laws, or
• any other person against an adult or youth victim who is protected from that person’s acts under the State’s domestic or family violence laws.

2.1.9 Stalking means engaging in a Course of Conduct directed at a specific person that would cause a Reasonable Person to:

• fear for his or her safety or the safety of others; or
• suffer Substantial Emotional Distress. 

2.1.10 Non-Title IX Sexual Harassment: Unwelcome verbal or physical behavior which is directed at an individual based on sex, when these behaviors are sufficiently severe, pervasive, or objectively offensive to have the effect of unreasonably interfering with an individual’s educational experience, working conditions, or living conditions by creating an intimidating, hostile, or offensive environment. Examples of conduct that can constitute sexual harassment if based on an individual’s sex include, but are not limited to:

• Unwelcome jokes or comments (e.g., sexist jokes);
• Disparaging remarks about sex or gender (e.g., negative or offensive remarks or jokes);
• Displaying negative or offensive posters or pictures about sex;
• Electronic communications, such as e-mail, text messaging, and Internet use, that violate this Policy.

2.1.11 Sexual Exploitation: Any act whereby one individual violates the sexual privacy of another or takes unjust or abusive sexual advantage of another who has not provided Consent. Examples may include, but are not limited to:

• Surreptitiously observing, photographing, audiotaping, videotaping, or recording an image of a person who is engaging in sexual contact, or a person’s breasts, buttocks, groin, or genitals, when the person being observed/ photographed/audiotaped/videotaped/recorded is in a place in which the person has a reasonable expectation of privacy;
• Allowing or enabling a person to surreptitiously observe, photograph, audiotape, videotape, or record an image of another person who is engaging in sexual contact, or another person’s breasts, buttocks, groin, or genitals, when the person being observed/photographed/audiotaped/videotaped/recorded is in a place in which the person has a reasonable expectation of privacy;
• Showing, posting, or sharing video, audio, or an image that depicts a person who is engaging in sexual contact or a person’s breasts, buttocks, groin, or genitals, when the person being observed/photographed/audiotaped/videotaped/recorded is in a place in which the person has a reasonable expectation of privacy, if all persons who are depicted have not agreed to having the video/audio/image shown, posted, or shared;
• Prostituting another person or engaging in sex trafficking;
• Knowingly exposing another person to a sexually transmitted infection or disease without informing the other person that one has a sexually transmitted infection or disease;
• Forcing a person to participate in sexual contact with a person other than oneself;
• Forcing a person to expose the person’s breasts, buttocks, groin, or genitals;
• Forcing a person to take an action against that person’s will by threatening to show, post, or share video, audio, or an image that depicts the person’s nudity or depicts the person engaging in sexual contact;
• Forcing a person to take an action of a sexual nature against that person’s will by threatening to disclose information that would harm a person’s reputation;
• Forcing a person to take an action against that person’s will by threatening to disclose information of a sexual or intimate nature that would harm a person’s reputation; or
• Causing or requesting an Incapacitated person to expose the person’s breasts, buttocks, groin, or genitals or to participate in sexual contact with a person other than oneself. 

Consent, Course of Conduct, Incapacitation, Reasonable Person, Substantial Emotional Distress

2.2.1 Consent is affirmative, conscious, voluntary, and revocable. Consent to sexual activity requires of each person an affirmative, conscious, and voluntary agreement to engage in sexual activity.

It is the responsibility of each person to ensure they have the affirmative Consent of the other to engage in the sexual activity. Lack of protest, lack of resistance, or silence do not, alone, constitute Consent. Affirmative Consent must be ongoing and can be revoked at any time during sexual activity.

The existence of a dating relationship or past sexual relations between the Complainant and Respondent will never by itself be assumed to be an indicator of Consent (nor will subsequent sexual relations or dating relationship alone suffice as evidence of Consent to prior conduct).

The Respondent’s belief that the Complainant Consented will not provide a valid defense unless the belief was actual and reasonable. In making this determination, the decision-maker will consider all of the facts and circumstances the Respondent knew, or reasonably should have known, at the time. In particular, the Respondent’s belief is not a valid defense where:

1. The Respondent’s belief arose from the Respondent’s own intoxication or recklessness;
2. The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively Consented; or
3. The Respondent knew or a Reasonable Person should have known that the Complainant was unable to Consent because the Complainant was incapacitated, in that the Complainant was:
   • asleep or unconscious;
   • unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication; or
   • unable to communicate due to a mental or physical condition

2.2.2 Course of Conduct means two or more acts, including, but not limited to, acts in which the individual directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

2.2.3 Incapacitation means that a person lacks the ability to actively agree to sexual activity because the person is asleep, unconscious, under the influence of alcohol or other drugs such that the person does not have control over their body, is unaware that sexual activity is occurring, or their mental, physical or developmental abilities render them incapable of making rational informed decisions. Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking, using drugs, or taking medication.

A person violates this Policy when they engage in sexual activity with another person who is Incapacitated and a Reasonable Person in the same situation would have known that the person is Incapacitated. Incapacitation can be voluntary or involuntary. Signs of Incapacitation may include, without limitation: sleep; total or intermittent unconsciousness; lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; emotional volatility; combativeness; vomiting; incontinence; unresponsiveness; and inability to communicate coherently. Incapacitation is an individualized determination based on the totality of the circumstances.

2.2.4 Reasonable Person means a reasonable person under similar circumstances and with similar identities to the victim.

2.2.5 Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. 

2.3.1 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.

2.3.2 Complainant means an individual who is alleged to be the victim of conduct that could constitute Prohibited Conduct. Complainants and Respondents are referred to collectively as “parties” throughout this Policy.

2.3.3 Confidential Employee means an individual who will not report any information about an incident to the Title IX Coordinator without the Complainant’s permission.

2.3.4 Disciplinary Sanctions are imposed only after a finding of responsibility through the grievance process or an agreement through the informal resolution process.

2.3.5 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 Prohibited Conduct 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.

2.3.6 Formal Complaint means a document filed by a Complainant or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting that NPC investigate the allegation of Prohibited Conduct.

2.3.7 Official with Authority means an individual who has the authority to institute corrective measures and is required to report Prohibited Conduct to the Title IX Coordinator to initiate NPC’s response to the Prohibited Conduct allegations. 

Officials with Authority include:

• Dr. Stephanie Rizzo, Title IX Coordinator 
• John Tucker, Deputy Title IX Coordinator and Dean of Students 
• Dr. Wade Derden, President 
• Darla Thurber, Vice President of Student Affairs 
• Kathy Flournoy, Human Resources Director 
• Brad Hopper, Associate Vice President of Campus Operations 
• Thia Armstrong, Community Manager 
• Scott Post, Registrar 
• Campus Security 

2.3.8 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.

2.3.9 Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct. Complainants and Respondents are referred to collectively as “parties” throughout this Policy.

2.3.10 Responsible Employee means any individual who is employed by NPC and not deemed to be a Confidential Employee. Responsible Employees are expected by NPC to report Prohibited Conduct to the Title IX Coordinator promptly upon receiving a report of a Prohibited Conduct. 

2.3.11 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.

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 Prohibited Conduct.

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.

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 Prohibited Conduct, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of Prohibited Conduct, for the purpose of interfering with any right or privilege secured by Title IX or this Policy.

3.1.1 Reporting to Title IX Coordinator: Reports of Prohibited Conduct 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 Prohibited Conduct 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 Prohibited Conduct.

3.1.2 Reporting to Officials with Authority: If Officials with Authority are notified of Prohibited Conduct, they shall promptly report such Prohibited Conduct 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:

Office for Civil Rights

U.S. Department of Education 

http://www.ed.gov/about/offices/list/ocr/complaintintro.html

Address: U.S. Department of Education

Office for Civil Rights

Lyndon Baines Johnson Department of Education Bldg

400 Maryland Avenue, SW

Washington, DC 20202-1100

Email: OCR@ed.gov

Phone: 800.421.3481

Office for Civil Rights, Local Office 

Office for Civil Rights 

U.S. Department of Education 

Please use this site if unsure of your local office: https://ocrcas.ed.gov/contact-ocr

Address: 

Office for Civil Rights - Kansas City Office 

One Petticoat Lane 

1010 Walnut Street, 3rd floor, Suite 320 

Kansas City, MO 64106 

Telephone: 816-268-0550 Email: OCR.KansasCity@ed.gov 

Employees: 

Equal Employment Opportunity Commission, Field Office 

Please use this site if unsure of your field office: https://www.eeoc.gov/field-office

Address: 

820 Louisiana Street 

Suite 200 

Little Rock, AR 72201 

1-800-669-4000 

Equal Employment Opportunity Commission

Address: EEOC Headquarters 

 131 M Street, NE 

 Washington, DC 20507 

 Phone: 800-669-4000 

Outside Agency Confidential Support and Resources: 

Supports: 

NPC Campus Security: (501) 760-4293 

Arkansas Coalition Against Sexual Assault: (800) 977-5776 

Arkansas State Police Child Abuse Hotline: (800) 482-5964 

Ouachita Family Center 24 hour Hotline: (501) 865-3939 

Hot Springs Police Department: (501) 321-6789 

National Human Trafficking Resource Center (888) 373-7888 

There are no time limits on reporting Sexual Harassment or Prohibited Conduct 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:

• Have a forensic sexual assault nurse examination performed as soon as possible after the incident, but no later than 72-96 hours after the incident;
• When possible, prior to having a forensic sexual assault nurse examination performed, avoid: changing clothing, bathing, showering, using a douche, using the bathroom, brushing one’s teeth, drinking liquids, washing one’s hands or face, or combing one’s hair;
• Preserve any clothing, sheets, or other materials (items containing bodily fluids should be stored in cardboard boxes or paper bags);
• Preserve or capture electronic communications such as text messages, e-mails, social media posts, or exchanges (e.g., Snapchat, Facebook, Twitter);
• Preserve or capture video, audio (e.g., voice mail messages), or photographs, including those stored on smartphones or other devices; and
• Preserve any other physical, documentary, and/or electronic data that might be helpful to an investigator.

When NPC receives a report of Prohibited Conduct, the Title IX Coordinator will communicate with the Complainant about limited action. If a Complainant declines to respond to outreach by the Title IX Coordinator or does not wish for NPC to investigate the allegations, NPC will generally take limited action. When a request for limited action is made, or a Complainant does not respond, the Complainant will still be provided with Supportive Measures. A Complainant may 

request limited action at any time after a report and prior to a determination regarding responsibility.

There are limited circumstances in which the Title IX Coordinator will continue with an investigation regardless of a Complainant’s request for limited action and/or without the Complainant’s participation because of NPC's commitment to providing a safe living, learning, and working environment. In determining whether to move forward with an investigation without a Complainant’s participation or after limited action has been requested by the Complainant, the Title IX Coordinator will consider factors that include, but are not limited to, the following:

• Whether there have been other reports of Prohibited Conduct or other relevant misconduct concerning the same Respondent;
• Whether or not the incidents occurred while the Respondent was a NPC student or employee;
• Whether the Respondent threatened further Prohibited Conduct or other misconduct against the Complainant or others;
• Whether the alleged Prohibited Conduct was committed by multiple perpetrators;
• The nature and scope of the alleged Prohibited Conduct including whether the Prohibited Conduct was perpetrated with a weapon;
• The ages and roles of the Complainant and the Respondent;
• Whether NPC can pursue the investigation without the participation of the Complainant (e.g., whether there are other available means to obtain relevant evidence of the alleged Prohibited Conduct such as security cameras or physical evidence);
• Whether the report reveals a pattern of perpetration (e.g., perpetration involving illicit use of drugs or alcohol) at a given location or by a particular group.

The Respondent and Complainant will be provided with a Notice of Allegations prior to the initiation of an investigation under this Policy. The Notice of Allegations will include:

1. Notice of the party’s rights and options
2. Notice of the Non-Title IX Policy
3. Notice of NPC’s informal resolution process and options
4. Notice of the allegations of Prohibited Conduct including:
   • The identities of the parties involved in the incident, if known,
   • The conduct allegedly constituting Prohibited Conduct, and
   • The date and location of the incident, if known.
5. Notice that the Respondent is presumed not responsible of the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
6. Notice that the parties may have an advisor of their choice
7. Notice of the NPC Code of Conduct provision that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

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.

During the investigation, both parties have equal rights to participate, present information, and provide the names of witnesses to be interviewed. The witnesses are limited to fact witnesses. Following the investigation, the parties will be provided with an investigative report that summarizes the investigation. 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. 

 

At the conclusion of the investigation, the Title IX Coordinator will appoint a decision-maker who will oversee the hearing and make a determination based on the preponderance of the evidence standard whether the Respondent violated this Policy.

If, at any time during or after the investigation, prior to the determination of responsibility by the decision-maker, the Respondent accepts responsibility for the allegations, the Title IX Coordinator may recommend appropriate sanctions. If the Respondent accepts the recommended sanctions in writing, the matter is resolved. The Respondent and the Complainant will receive the sanctions simultaneously.

The Complainant or Respondent may appeal the sanction determination by the Title IX Coordinator only on the basis that the Title IX Coordinator had a conflict of interest or bias that affected the outcome of the matter within three (3) Business Days of the receipt of the determination regarding responsibility and sanction. The appeals must be made in writing and delivered to the Title IX Coordinator. After an appeal is submitted, NPC will: 

1. Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
2. Ensure that the decision-maker for the appeal is not the Title IX Coordinator or another individual previously involved 
3. in resolving the matter. 
4. Provide the non-appealing party with five (5) Business Days from receipt of the notification of appeal to submit a written statement in support of the outcome of the determination or dismissal. 
5. Issue a written decision describing the result of the appeal and the rationale for the result.

If the Respondent accepts Responsibility for the allegations, in writing, but does not accept the sanctions recommended by the Title IX Coordinator, the matter will proceed to a hearing to determine sanctions only. The hearing process will follow the process in this Policy Section 5.7 to determine sanction only.

After the investigative report has been completed and at least ten (10) Business Days prior to the date set for the hearing, the parties will be provided with a Notice of the Hearing which will include date, time, and location of the hearing.

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 five (5) Business Days prior to the scheduled hearing.

At the request of either party, or at the discretion of the Title IX Coordinator, NPC will provide for the hearing to occur with the parties located in separate rooms with technology enabling the decision-maker and parties to simultaneously see and hear the other party or witness answering questions. The parties will have the opportunity to present information and ask questions of the other party and witnesses. However, the parties must ask the questions in writing through the decision-maker who will determine whether the questions are relevant. Questions shall not be asked directly by a party or advisor to the other party or witnesses.

NPC will create an audio or audiovisual recording of all hearings and make the recording available to the parties for inspection or review.

After the hearing, the decision-maker will deliberate privately. The decision-maker will issue a written determination to the Complainant and Respondent 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:

• Identification of the allegations potentially constituting Prohibited Conduct;
• A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions that NPC imposes on the Respondent, and whether remedies designed to restore or preserve equal access to NPC’s education program or activity will be provided by NPC to the Complainant; and
• The procedures and permissible bases for the Complainant and Respondent to appeal. 

Sanctions that may be required if an individual is found responsible for violating this Policy include, but are not limited to:

For Students:

• Verbal and written warnings
• Accountability hours
• No-contact directives
• Revocation of certain privileges (e.g. membership in campus organizations)
• Dismissal from student worker jobs
• Suspension
• Expulsion
• Educational and Developmental sanctions, including but not limited to, reflection papers, classes, or restorative practices

For Employees:

• Verbal and written warnings
• Suspension without pay
• Discharge
• Educational & developmental opportunities and/or
• No-contact directives

Appeals of the determination of responsibility may be made on the following bases:

• Procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter; or
• The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter. 

If an appeal is submitted, NPC will:

1. Notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
2. Ensure that the decision-maker for the appeal is not the same person as the decision- maker that reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator.
3. Provide the non-appealing party with five (5) Business Days from receipt of the notification of appeal to submit a written statement in support of the outcome of the determination or dismissal.
4. Issue a written decision describing the result of the appeal and the rationale for the result which can be one of the following:
   • Affirm the decision-maker’s determination regarding the Respondent’s responsibility and affirm the disciplinary sanctions and remedies, if applicable;
   • Affirm the decision-maker’s determination regarding the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable;
   • Remand the process back to the hearing stage for the decision-maker to remedy any procedural irregularity or consider any new evidence;
   • Reverse the decision-maker’s determination of the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable; or
   • Affirm or amend the sanctions and/or remedies outlined in the determination issued under this Policy.
5. Provide the written decision simultaneously to both parties. 

At any time after the Title IX Coordinator is on notice of Prohibited Conduct, NPC may remove a Respondent on an emergency basis. NPC will only conduct an emergency removal after:

1. Undertaking an individualized safety and risk analysis,
2. Determining that an immediate threat the physical health or safety of any student or other individual arising from the allegations of Prohibited Conduct justifies removal, and
3. Providing the Respondent with notice and an opportunity to challenge the decision to the Title IX Coordinator, within two (2) Business Days following the removal.

NPC may place a non-student employee Respondent on administrative leave during the pendency of the grievance process in this Policy.