Students who search for a UNC Wilmington Title IX lawyer usually want to know what happens next. This page explains, in general terms, how the University of North Carolina Wilmington (UNCW) handles a sexual misconduct complaint against a student. Your own notice and the policy version that applies to your case control the actual deadlines.
Which policy applies
UNCW has two policies that can apply to a student accused of sexual misconduct:
- The 02.210 Title IX Grievance Policy covers only "Covered Conduct," which it defines as "sexual harassment that occurs within the university’s education program or activity and that occurs against a person in the United States." Sexual harassment there includes quid pro quo conduct by an employee, severe, pervasive and objectively offensive conduct that denies equal access, and sexual assault, dating violence, domestic violence, or stalking.
- The 04.130 Student Gender-Based Sexual Misconduct Policy says it "covers other sexual misconduct not regulated by Title IX due to location or nature of the incident." It applies where both parties are students and where a student respondent is accused by a faculty or staff member, and it reaches some off-campus conduct.
Both policies were last revised November 8, 2022. Policy 04.130 still describes itself in terms of the 2020 Title IX regulations, and no newer student policy is posted on UNCW’s policy index. UNCW’s 02.205 Unlawful Discrimination policy, revised December 9, 2025, sends student-on-student sexual misconduct back to 04.130 or 02.210. The version that governs your matter depends on your notice and the incident date, so confirm it with the Office of Title IX and Clery Compliance.
Which track your case is on matters. It changes the standard of proof, who asks questions at the hearing, and who sets any sanction. Both policies also rely on the Code of Student Life.
Report vs. formal complaint
Under 02.210, a Formal Complaint is a document submitted by the complainant or signed by the Title IX Coordinator (UNCW’s Director of Title IX and Clery Compliance or a designee) that alleges sexual harassment and asks the university to investigate. The Title IX Coordinator "at their sole discretion, may submit a Formal Complaint even when a Complainant declines to do so."
The Title IX Coordinator must dismiss a Formal Complaint if the conduct is not Covered Conduct, and those allegations "may still be addressed by other university policies," meaning 04.130 or the Code of Student Life. A complaint may also be dismissed if the complainant withdraws it in writing, the respondent is no longer enrolled or employed, or the evidence cannot be gathered. Any party may appeal a dismissal (see Appeals).
Under 04.130, the Director of Title IX and Clery Compliance reviews a report and decides "whether there is sufficient information to continue a formal investigation." The university "may also elect to proceed with a formal investigation in the absence of participation from the complainant." There is no time limit: "A complaint may be filed at any time while the respondent is enrolled as a student at UNCW."
Early steps after notice
Under 02.210, you receive written notice of the allegations "with sufficient time (at least 48 hours) to prepare a response before any initial interview." Respondents "are presumed not responsible for any alleged conduct until a determination regarding responsibility is made at the conclusion of the proceedings outlined in this Policy." Policy 04.130 likewise says "The respondent is presumed to be not responsible" and requires written notice to both parties when a formal investigation begins, without stating a period. The Code of Student Life says "All disciplinary correspondence will be sent to the student’s UNCW e-mail address."
Under 04.130, "respondents will not be permitted to formally withdraw from the university until such time that the investigation and any associated charges are resolved."
Informal resolution
Under 02.210 only, the Title IX Coordinator may offer informal resolution before a finding, with both parties’ written consent. The parties have "three (3) days" after written notice to decide whether to take part and "three (3) days" to consider an offered resolution. That policy defines a day, unless otherwise specified, as "a business day on which the University is open." A signed informal resolution "may not be appealed." Policy 04.130 has no informal resolution section, but a respondent may accept responsibility and request an administrative "sanctioning" hearing.
Investigation and evidence
Under 02.210 the Title IX Coordinator appoints "two (2) trained investigators," and UNCW’s Title IX Procedures Following Reporting page says two investigators are assigned in its process. Both policies say "A typical investigation will be completed in sixty (60) days, if not sooner," with written notice of any extension. In 02.210 that period counts business days under its own definition; 04.130 does not say what kind of days it means.
Under 02.210, the investigators send the evidence before finishing their report and give the parties "ten (10) days to submit a written response." The final report goes out "at least ten (10) days prior to a hearing for their review and written response." Under 04.130, if a hearing will occur, you have the right to review available information, documents, and a witness list in the Office of the Dean of Students, and you receive a copy of the Investigative Report. That policy states no number of days for either step.
Under 04.130, after reviewing the report, the Director of Title IX and Clery Compliance and the Dean of Students, with the Office of General Counsel, decide whether there is cause under the Code to hold a hearing, and the Director then asks the complainant whether they wish to proceed.
New witnesses or documents are due "at least five (5) business days prior to the hearing" under both policies: to the Title IX Coordinator under 02.210 and to the Office of the Dean of Students under 04.130.
Advisor and hearing
Title IX track (02.210)
You may have an advisor of your choice, at your own expense, who may be an attorney. An advisor may attend meetings and interviews only when you are present. An external adjudicator runs the hearing, which may be in person or, at the university’s discretion, virtual, and is transcribed (or audio recorded if no transcriber is available). Cross-examination "will be conducted directly, orally, and in real time by the party’s Title IX Advisor and never by a party personally." If you do not have an advisor at the hearing, UNCW provides one "without fee or charge for the limited purpose of conducting cross-examination on behalf of the party." The standard is "clear and convincing evidence." The external adjudicator proposes any sanction, and a university official imposes it.
Non-Title IX track (04.130 and the Code)
You may have a support person and "a university advisor, licensed attorney or non-attorney advocate." A pre-hearing meeting with a student conduct administrator in the Office of the Dean of Students comes first. If you use an attorney or non-attorney advocate, the Code requires three documents (a notice of representation, a FERPA authorization, and an advocate certification) "within five (5) business days following the pre-hearing," and you pay any expenses. The Code says a university advisor "may not speak on the respondent’s behalf at the hearing," while an attorney or non-attorney advocate "may participate to the same extent as the respondent or complainant."
An external adjudicator hears the case in a closed hearing. "All questions will be posed to the external adjudicator and the external adjudicator will repeat, on behalf of the questioner, the question to be answered." If you do not appear, the hearing proceeds "in absentia," and you may not be represented at it. The standard is "preponderance of evidence," and the external adjudicator "will decide upon the appropriate sanction."
Sanctions
Policy 04.130 lists "written warning, educational sanctions, disciplinary probation, removal from housing, housing reassignment, suspension, or expulsion." Policy 02.210 points to sanctions permitted by Section II-4 of the Code, including written warning, disciplinary probation, suspension, or expulsion. The Code’s sanction guidelines list "Disciplinary Probation to Expulsion" for a first violation of either policy. A suspension is recorded in the UNC Suspension/Expulsion Database for eight years; an expulsion is recorded permanently.
Supportive measures
Policy 02.210 describes supportive measures as "non-disciplinary, non-punitive individualized services" offered without charge to either party, "before or after the filing of a Formal Complaint or where no Formal Complaint has been submitted." Examples include counseling, deadline extensions, schedule changes, mutual no-contact orders, and housing changes. Under 04.130, interim measures for both parties may include housing reassignment, schedule changes, tutoring, or an administrative no-contact order, and respondents may use "an advisor from the Office of the Dean of Students and the confidential resources of the Counseling Center and Abrons Student Health Center."
Emergency removal and interim suspension
UNCW’s documents describe removal before a finding in three different ways:
- 02.210 emergency removal: after an individualized safety and risk analysis, you may send the Title IX Coordinator a written request to end or change the removal within ten (10) business days of its effective date.
- 04.130 summary suspension: imposed by the vice chancellor for student affairs; you may ask, through the Office of the Dean of Students, for a hearing before an external adjudicator "within ten (10) business days of the written notice of suspension," and that hearing is normally held within ten (10) business days of your request.
- Code of Student Life interim suspension: a request for a hearing with the dean of students is due "within five (5) business days from the effective date," and missing it leads to administrative withdrawal from classes and a transcript notation. The same section says to refer to 04.130, 02.210, and 02.205 for interim suspension cases involving sexual misconduct.
Act on a removal notice right away. Use the deadline and process stated in the notice, and confirm with the Office of Title IX and Clery Compliance which provision applies.
Appeals
Policy 04.130 gives both parties an appeal. An "Intent to Appeal" is due "within two (2) business days after notification of the original decision," and the "Request for Appellate Consideration Form" is due "within five (5) business days after notification of the original decision," both to the Office of the Dean of Students. A respondent may appeal on three grounds: a violation of the respondent’s rights, a sanction "too severe for the violation," or new evidence "not available during original adjudication." Sanctions other than summary suspension "are normally put into effect only after the final appellate decision has been made."
Policy 02.210 describes the appeal route in two different ways. One subsection says a party "must submit an appeal in writing within five (5) business days to the Vice Chancellor of Student Affairs" and that "No further appeal is available." The next subsection describes the same two-step "Intent to Appeal" and "Request for Appellate Consideration Form" process through the Office of the Dean of Students, followed by the Appeal Panel and a possible Board of Trustees appeal. Its grounds are procedural irregularity that affected the outcome, new evidence that was not reasonably available and could affect the outcome, and conflict of interest or bias that affected the outcome. Follow the deadline and route in your own outcome letter, and confirm with the Office of Title IX and Clery Compliance before the window closes.
Where the Appeal Panel route applies, three vice chancellors or their designees review the record, and a decision is typically sent "within fifteen (15) business days after receipt of the petition." If the sanction is suspension or expulsion, a further appeal to the Board of Trustees is due "within three (3) business days of notification that the original appeal has been denied," limited to violation of due process or a material deviation from Board of Governors standards.
FAQ
Do I need a lawyer for a UNC Wilmington Title IX case?
UNCW’s policies do not require one. Under 02.210 you may choose an advisor, including an attorney, at your own expense. Under 04.130 and the Code you may use a university advisor, a licensed attorney, or a non-attorney advocate; the Code makes you responsible for attorney or advocate expenses and sets a paperwork deadline.
Which standard of proof applies?
Policy 02.210 uses "clear and convincing evidence." Policy 04.130 and the Code use "preponderance of evidence." The track your case is assigned to decides which one applies.
Will a criminal case pause the campus process?
Under 04.130, the university "will not wait for the conclusion of any criminal investigation," though it may temporarily delay fact-finding while law enforcement gathers evidence.
How long do I have to appeal?
Under 04.130, the Intent to Appeal is due within two business days and the full request within five business days after notification of the decision. Policy 02.210 describes its route two ways, so use the deadline in your outcome letter.
More guides for North Carolina schools: North Carolina Title IX lawyer.
Disclaimer
This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by the University of North Carolina Wilmington. Policies change, so confirm every deadline against your own notice and the currently posted UNCW policies.
