The Equal Opportunity Office (“EOO”) is conducting an administrative, not a criminal
or civil law, investigation into possible harassment, discrimination or sexual misconduct
under the University’s Non-Discrimination and Anti-Harassment (“NDAH”) Policy or Sexual
Misconduct Policy (SMP).
The EOO is not advocating for or representing any party in this process. The EOO cannot provide legal
advice to any party in this process.
The EOO is not prosecuting the Respondent(s) in this process. The EOO is gathering information to
determine whether there is a preponderance of the evidence that conduct has occurred
which violates the NDAH and/or SMP Policy.
Complainants and Respondents must be treated equitably. Both parties will have access
to supportive measures that are non-disciplinary, non-punitive individualized services
before or after a complaint or where no complaint is filed. These measures are to
preserve or restore equal access to UGA programs or activities and to deter prohibited
harassment or discrimination. These measures will remain confidential to the extent
that they can be. Parties also have a right to request interim protective measures,
and even in the absence of such a request, EOO can act to implement interim protective
measures to protect the parties and/or the University community.
The Respondent is not considered in violation of either the NDAH Policy or the SMP
until a violation is found through the investigation and resolution process.
The information obtained during the investigative process will be evaluated using
a preponderance of the evidence standard. This means that in order to find a Respondent
in violation of either the NDAH or SSMP Policy, more than 50% of the evidence must
support that the Respondent engaged in conduct prohibited by the Policy.
As a Complainant or Respondent, you have a right to have a support person of your
choice present for all meetings. This person may be an advocate, friend, parent, lawyer
or any other person. In some instances, that advisor may not be someone who is also
a witness in the investigation. The support person may not actively participate in
the investigative process, but may be consulted at any point in the process. The
advisor will pose cross-examination questions during Title IX hearings.
If you are a Respondent, you have the right to know the allegations against you and
any information obtained during an investigation so that you may have an opportunity
to respond.
As a Respondent, you have the right to decline to make any statements or answer questions
regarding or related to the alleged misconduct and in doing so, no inference to responsibility
will be drawn.
If determined by the Equal Opportunity Office to be appropriate, and if both the Complainant(s)
and the Respondent(s) agree, reports of alleged misconduct under the NDAH Policy or
SMP may be informally resolved, except in instances of student allegations of sexual
harassment as defined by Title IX, which are committed by a University employee.
Absent such determination and agreement, reports of alleged misconduct shall be resolved
pursuant to the formal procedures outlined in the NDAH Policy and in the Code of Student
Conduct (for allegations of SMP violations against students). Some matters involving
sexual misconduct are resolved via hearing.
As a Complainant or Respondent, you have the right to identify witnesses, documents,
or other materials believed to be relevant for the EOO to review and consider. You
have the right to pose questions to parties or witnesses through the investigator.
Privileged documents, including but not limited to medical documents, mental health
records, or attorney-client privileged materials, will not be included in the file
or reviewed by the investigator unless written consent is provided allowing the privileged
information to be considered as evidence. In those instances, the directly related
records will be made available to the parties at the time the parties receive a draft
investigation report and will be available to all hearing participants.
If a violation is found, the level of discipline and type of sanction(s) will depend
on the severity and nature of the violation, the weight of the evidence and the need
to maintain a safe and respectful environment. Examples of available sanctions are
listed in the NDAH Policy and the University Code of Conduct.
No person connected to an EOO investigation may be subjected to retaliation. Retaliation
is a separate violation of the NDAH Policy and SMP and if found by a preponderance
of the evidence to have occurred provides an independent basis for disciplinary action.
As a Complainant or Respondent, you have the right to appeal the outcome of an EOO
investigation under the criteria listed in the NDAH Policy or the SMP.
If you are a student Complainant or Respondent, the EOO cannot disclose any information
about the EOO investigation to your family members or other third parties who are
not involved in the investigation without a written release. This is pursuant to the
federal Family Educational Rights and Privacy Act (FERPA).
If you are a student Complainant or Respondent, information reported by you during
an EOO investigation concerning your consumption of drugs or alcohol will not be used
against you in a University disciplinary proceeding or voluntarily reported to law
enforcement.
I have been provided with a copy of, or an electronic link to, the NDAH Policy and/or
SMP. In instances involving the SMP with student respondents, I was also provided
a copy of University System of Georgia Policy 4.6.5, Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings, and the UGA Code of Conduct. Any questions that I have about these policies or their
interpretation can be asked of the investigator assigned to my case or UGA’s Title
IX Coordinator. I have also been notified about support resources on campus and in
the community that are available to both Complainants and Respondents.
