Civil Rights and Non-Discrimination and Anti-Harassment
The University of Georgia (the “University”) is committed to maintaining a fair and respectful environment for living, work, and study. To that end, and in accordance with federal and state law, University System of Georgia (“USG”) policy, and University policy, the University prohibits harassment of or discrimination against any person because of race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status by any member of the University Community (as defined below) on campus, in connection with a University program or activity, or in a manner that creates a hostile environment for any member of the University Community. Incidents of harassment and discrimination will be met with appropriate disciplinary action, up to and including dismissal or expulsion from the University.
Bias based on the protected categories of age, color, disability, genetic information,
national
origin, race, religion, sex, or veteran status will not hinder employment, study or
institutional
services, programs, or activities. Bias factors will not be permitted to have an adverse
influence
upon decisions regarding students, employees, applicants for admission, applicants
for employment,
contractors, volunteers, or participants in or users of institutional programs, services,
and
activities. The University of Georgia will continue in its efforts to maintain an
institutional
environment free of such bias and restates its policy prohibiting the interference
of such bias.
The University follows the USG Sexual Misconduct Policy 6.6 Non-Discrimination and
Anti-
Harassment, found at https://www.usg.edu/policymanual/section6/C2654, the USG Sexual
Misconduct
Policy 6.7, Sexual Misconduct Policy, found at http://www.usg.edu/policymanual/section6/C2655
and
the USG Policy to Prohibit Discrimination & Harassment found at:
https://www.usg.edu/hr/manual/prohibit_discrimination_harassment. This Policy incorporates
by
reference the applicable sections of the USG Non-Discrimination and Anti-Harassment
Policy, USG
Sexual Misconduct Policy, and the USG Policy to Prohibit Discrimination & Harassment.
All
allegations of discrimination and harassment based on the protected categories other
than Sexual
Misconduct alleged against a student Respondent(s) will be covered by this Policy
together with the
USG Sexual Misconduct Policy and the USG Policy to Prohibit Discrimination & Harassment.
Every member of the University Community is expected to uphold this Policy as a matter
of mutual
respect and fundamental fairness in human relations. Every student of this institution
has a responsibility to conduct themselves in accordance with this Policy as a condition
of enrollment, and every University employee has an obligation to observe University
policies as a term of employment.
In addition, one aspect of performance appraisal for University personnel at all levels
of
supervision and administration will include the qualitative evaluation of their leadership
in
implementing this Policy. Merit and productivity, free from prohibited bias, will
continue to guide
decisions relating to employment and enrollment.
Nothing in this Policy prevents a University Community member from filing a complaint
with a state
or federal agency or court.
I. DEFINITIONS
A. Members of the University Community
Members of the University Community are any persons employed by or affiliated with
the University
in any way and persons participating in any University program or activity, including,
but not
limited to:
1. University faculty, staff, administrators, employees, and independent contractors;
2. University students;
3. Volunteers and participants in any University program or activity; and
4. Guests and visitors to campus to any property owned or leased by the University
or to any
property owned or leased by any University-affiliated organization or group.
B. Sexual Misconduct
Sexual Misconduct: An umbrella term that is used to describe a wide range of prohibited
sexual
conduct as described below, including sexual harassment. Sexual misconduct can occur
regardless of
the relationship, position, or respective sex. Same-sex harassment violates this Policy,
as does
harassment by a student of an employee or a subordinate employee of their supervisor.
Sexual Harassment (Other than Student on Student): Unwelcome verbal, nonverbal, or
physical
conduct, based on sex (including gender stereotypes), that may be any of the following:
1. Implicitly or explicitly a term or condition of employment or status in a course,
program, or
activity;
2. A basis for employment or educational decisions;
3. Is sufficiently severe, persistent, or pervasive to interfere with one’s work or
educational
performance creating an intimidating, hostile, or offensive work or learning environment,
or
interfering with or limiting one’s ability to participate in or to benefit from an
institutional
program or activity; or
4. Determined by a Reasonable Person to be so severe, pervasive, and objectively offensive
that it
effectively denies a person equal access to a University education program or activity
in violation
of Title IX.
Sexual Harassment (Student on Student): Unwelcome verbal, nonverbal, or physical conduct
based on
sex (including gender stereotypes), determined by a Reasonable Person to be so severe,
pervasive,
and objectively offensive that it effectively denies a person equal access to participate
in or to
benefit from an institutional education program or activity.
Examples of conduct that may constitute sexual harassment to the extent it meets either
of the
above definitions, without limitation:
1. Nonconsensual touching of another’s body, including unwanted hugging or shoulder
rubbing.
2. Sexual remarks, jokes, anecdotes, inquiries, or physical gestures.
3. Requests or propositions of a sexual nature.
4. Gender or sex-based comments or comments of a sexual nature (either complimentary
or insulting)
about a person’s physique, clothing, or sexual/romantic activity or preferences.
5. Inappropriate use, display, or non-consensual sharing of sexual images, text, or
objects.
In addition to Sexual Harassment as defined above, this Policy prohibits domestic
violence, dating
violence, nonconsensual sexual contact, non-consensual sexual penetration, sexual
assault, sexual
exploitation, and stalking. They are defined as follows:
Dating Violence: Violence committed by a person who is or has been in a social relationship
of a
romantic or intimate nature with the alleged victim. The existence of such relationship
shall be
determined based on the totality of the circumstances including, without limitation:
(1) the length
of the relationship; (2) the type of relationship; and (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. Dating violence does not include acts
covered under the
definition of Domestic Violence.
Domestic Violence: Violence committed by a current or former spouse or intimate partner
of the
alleged victim; by a person with whom the alleged victim shares a child in common;
by a person who
is cohabitating with, or has cohabitated with, the victim as a spouse or intimate
partner, or by a
person similarly situated to a spouse of the alleged victim.
Nonconsensual Sexual Contact: Any physical contact with another person of a sexual
nature without
the person’s consent. Nonconsensual Sexual Contact includes, but is not limited to,
the touching of
a person’s intimate parts (for example, genitalia, groin, breasts, or buttocks); touching
a person
with one’s own intimate parts; or forcing a person to touch his or her own or another
person’s
intimate parts. This provision also includes “Fondling” as defined by the Clery Act.
Nonconsensual Sexual Penetration: Any penetration of the vagina, anus, or mouth by
a penis, object,
tongue, finger, or other body part; or contact between the mouth of one person and
the genitals or anus of another person. This provision also includes “Rape, Incest,
and Statutory Rape”
as defined by the Clery Act.
Sexual Assault: A term used in the Clery Act to refer to an offense classified as
a forcible or
nonforcible sex offense under the uniform crime reporting system of the Federal Bureau
of
Investigation.
Stalking: Engaging in a course of conduct directed at a specific person that would
cause a
reasonable person to fear for their safety or the safety of others or suffer substantial
emotional
distress.
For the purposes of this definition:
1. Course of conduct means two or more acts, including, but not limited to, acts in
which the
stalker 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 person’s property.
2. Substantial emotional distress means significant mental suffering or anguish that
may, but does
not necessarily, require medical or other professional treatment or counseling.
Stalking in this Policy pertains to conduct with sexual intent in a dating relationship
or attempts
at establishing a sexual or dating relationship or conduct after a relationship has
ended.
Sexual Exploitation: Occurs when an individual takes non-consensual or abusive sexual
advantage of
another for his or her own advantage or benefit, or to the benefit or advantage of
anyone other
than the one being exploited.
Examples of sexual exploitation may include, but are not limited to, the following
1. Invasion of sexual privacy;
2. Prostituting another individual;
3. Non-consensual photos, video or audio of sexual activity;
4. Non-consensual distribution of photo, video or audio of sexual activity, even if
the sexual
activity or video or audio taken of sexual activity was consensual;
5. Intentional observation of nonconsenting individuals who are partially undressed,
naked, or
engaged in sexual acts;
6. Knowingly transmitted an STD or HIV to another individual through sexual activity;
7. Intentionally and inappropriately exposing one's breasts, buttocks, groin, or genitals
in
non-consensual circumstances; and/or
8. Sexually-based bullying.
Consent: Words or actions that show a knowing and voluntary willingness to engage
in mutually
agreed-upon sexual activity. Consent cannot be gained by force, intimidation, or coercion;
by
ignoring or acting in spite of objections of another; or by taking advantage of the
incapacitation
of another where the Respondent knows or reasonably should have known of such incapacitation.
Minors under the age of 16 cannot legally consent under Georgia law. Consent is also
absent when
the activity in question exceeds the scope of consent previously given. Past
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consent does not imply present or future consent. Silence or an absence of resistance
does not
imply consent. Consent can be withdrawn at any time by a party by using clear words
or actions.
Incapacitation: The physical and/or mental inability to make informed, rational judgments.
It can
result from mental disability, sleep or any state of unconsciousness, involuntary
physical
restraint, status as a minor under the age of 16, or from intentional or unintentional
taking of
alcohol and/or other drugs.
Whether someone is incapacitated is to be judged from the perspective of an objectively
reasonable
person.
C. Discriminatory Harassment and Discrimination
Discriminatory harassment: Unwelcome verbal or physical conduct based on age, color,
disability,
genetic information, national origin, race, religion, sex, or veteran status when
it is
sufficiently severe, persistent, or pervasive to:
1. Unreasonably interfere with the individual’s work or educational performance;
2. Create an intimidating, hostile, or offensive working or learning environment;
or
3. Unreasonably interfere with or limits one’s ability to participate in or benefit
from an
institutional program or activity.
Discrimination: Decision-making based on age, color, disability, genetic information,
national
origin, race, religion, sex, or veteran status.
Other examples that may constitute discrimination as defined above include, without limitation:
1. Hiring, termination, promotion, salary actions, and other employment decisions
based on
protected categories, i.e. race, sex, disability, etc.;
2. Assigning grades, or making academic decisions based on protected categories, such
as race, sex,
disability, etc.; and/or
3. Refusing acceptance or admission to a person with a disability without consideration
of
accommodations.
D. Non-Discrimination/Anti-Harassment Officer, Title VI Coordinator, Title IX Coordinator,
and
ADA/Section504 Coordinator
The Director of the Equal Opportunity Office (“EOO Director”) serves as the Non-
Discrimination/Anti-Harassment Officer (“NDAH Officer”), the University’s Title VI
Coordinator¹,
the University’s Title IX Coordinator², and the University’s Disability Coordinator
under the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of
1973. The EOO
Director is the individual designated by the President with responsibility for providing
education
and training about prohibited discrimination and harassment to the University community
and for
receiving and investigating reports and complaints of discrimination and harassment
in accordance
with this Policy. The EOO Director can be reached at the Equal Opportunity Office,
located at 278
Brooks Hall, by phone at (706) 542- 7912, or via
Title VI of the Civil Rights Act of 1964 protects people from discrimination based
on race, color
or national origin in programs or activities that receive Federal financial assistance.
2 Title IX states that: No person in the United States shall, on the basis of sex,
be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any education
program or activity receiving Federal financial assistance.
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email at ugaeoo@uga.edu.
EOO employees do not serve as advocates or representatives for parties or witnesses.
Advocacy,
counseling, and support resources available on campus and in the greater community
are identified
at the end of this Policy.
E. Additional Defined Terms
Definitions of additional terms that the University applies when administering and
enforcing this
Policy, including terms related to discrimination and discriminatory harassment, can
be found on
EOO’s website at: http://eoo.uga.edu/eoo-definitions.
II. RIGHTS & RESPONSIBILITIES
A. Prohibition Against Retaliation
Anyone who has made a report or complaint, provided information, assisted, participated
or refused
to participate in any manner in the NDAH Process, shall not be subjected to retaliation.
Anyone who
believes that they have been subjected to retaliation should immediately contact the
EOO Director
or their designee. Any person found to have engaged in retaliation in violation of
this Policy
shall be subject to disciplinary action.
B. Confidentiality
The University strongly supports an individual’s interest in confidentiality, particularly
in
instances involving sexual misconduct. When a Complainant or alleged victim requests
their identity
be withheld or the allegation(s) not be investigated, the University will consider,
through the EOO
Director/Title IX Coordinator, whether this request can be honored while still complying
with other
laws, regulations, or policies and providing a safe and nondiscriminatory environment
for the
University. Honoring the request may limit the University’s ability to respond fully
to the
incident and may limit the University’s ability to discipline the Respondent. The
Complainant or
alleged victim will be informed of any decision to act contrary to the request for
confidentiality
or no investigation before any disclosures are made and before an investigation begins.
In support of an individual’s request for confidentiality and the University’s interest
in learning
about incidents of discrimination and harassment, the University designates two levels
of
confidential resources:
1. Privileged Resource Employee: Individuals employed by the institution to whom a
complainant or
alleged victim may talk in confidence, as provided by law. Disclosure to these employees
will not
automatically trigger an investigation against the complainant’s or alleged victim’s
wishes.
Privileged Resource Employees include those providing counseling, advocacy, health,
mental health,
or sexual-assault related services (e.g., sexual assault resource centers, campus
health centers,
pastoral counselors, and campus mental health centers) or as otherwise provided by
applicable law.
Exceptions to confidentiality exist where the conduct involves suspected abuse of
a minor (in
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Georgia, under the age of 18) or otherwise provided by law, such as imminent threat
of serious
harm:
• University Health Center CAPS (Counseling and Psychiatric Services)
• University Health Center Medical Clinicians
• UGA Psychology Clinic
• UGA Center for Counseling and Personal Evaluation
• Love and Money Center
• UGA Family Violence Clinic
• Veterans Legal Clinic
• Wilbanks Child Endangerment and Sexual Exploitation Clinic
• UGA First Amendment Clinic
However, these employees still must comply with anonymous reporting requirements for
Clery Act
purposes and mandatory reporting under Georgia State law. Note that the anonymous
reporting
requirement under the Clery Act does not apply to individuals who are pastoral or
professional
counselors (as defined in the Clery Act) when such individuals are acting as counselors.
Questions regarding reporting requirements under the Clery Act can be directed to
the University’s
Clery Compliance Coordinator.
2. Support Resource Employee: Institution employees who have been designated by the
institution to
talk with a Complainant or Respondent in confidence. Support Resource Employees must
only report
that the incident occurred and provide date, time, location, and name of the Respondent
(if known)
without revealing any information that would personally identify the alleged victim.
This minimal
reporting must be submitted in compliance with Title IX and the Clery Act. Support
Resource
Employees may be required to fully disclose details of an incident in order to ensure
campus
safety:
• University Health Center RSVP (Relationship and Sexual Violence Prevention)
• University Ombudspersons
• Student Care and Outreach
C. Reporting
Any administrator, supervisor, faculty member, or other person in a position of authority
who is
not a Privileged Resource Employee or Support Resource Employee (a “Responsible Employee”)
who
knows of, or receives a complaint of, potential discrimination or harassment must
fully report the
information or complaint to the EOO promptly. Student employees who serve in a supervisory,
advisory, or managerial role are Responsible Employees and in positions of authority
for purposes
of this Policy (e.g., teaching assistants, residential assistants, student managers,
orientation
leaders, etc.) and must also promptly report discrimination or harassment to EOO.
A complaint or
report of discrimination or harassment made to any Responsible Employee generally
obligates the
University to review the report and take appropriate steps to
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address the situation. The responsibility to investigate rests with EOO and not with
the
Responsible Employee who receives the complaint or report. Failure to promptly report
may
constitute a separate violation of the NDAH Policy and may provide a basis for discipline
under
this Policy. This provision does not apply to disclosures of sexual misconduct to
privileged or
confidential resources as identified by the USG Sexual Misconduct Policy or this Policy.
The University encourages any person who feels they have been discriminated against
or harassed to
promptly report the incident to the EOO or discuss the incident with the confidential
resources
identified above. Any member of the University Community who observes discrimination
or harassment
of another person on campus, in connection with a University program or activity,
or in a manner
that creates a hostile environment for members of the University Community should
report the
conduct to EOO. No member of the University Community should assume that an official
of the
University already knows about a particular discriminatory or harassing situation.
If a Complainant reports discrimination or harassment to a Responsible Employee but
wants to
maintain confidentiality, the Responsible Employee or person in a position of authority
must relay
the request for confidentiality when reporting the alleged discrimination or harassment
to EOO. The
request for confidentiality will be considered but cannot be guaranteed as referenced
above.
Complaints and reports of discrimination and harassment should be reported as soon
as possible
after the incident(s) in order to be most effectively investigated. Complaints may
be made in
person, in writing (via complaint form, email or otherwise), or over the phone. Under
some
circumstances, including for complaints made under Title IX, EOO may require a Complainant
to
submit a complaint in writing. Complaints can also be made anonymously, but this may
limit the
extent to which the complaint can be investigated. Information on filing complaints
can be found
at: https://eoo.uga.edu/Report/.
Where the discrimination or harassment alleged is potentially of a criminal nature,
University
Community members are encouraged to also contact the University Police Department
(for conduct that
occurred on campus) or local law enforcement in the relevant jurisdiction (for conduct
that
occurred off campus). Except as required by the Clery Act for purposes of crime statistics
reporting, police will not be notified of a sexual assault without the Complainant/
victim’s
consent unless there is an imminent threat of harm or the incident involves someone
under the age
of 16. There is a mandatory reporting obligation for matters involving minors – see
Mandatory
Reporting of Child Abuse policy. University Community members have the right to simultaneously
make
a complaint under this Policy and to law enforcement.
D. False Accusations
Individuals are prohibited from knowingly making false statements or knowingly submitting
false
information to a University official. Any person found to have knowingly submitted
false
complaints, accusations, or statements, including during a hearing, in violation of
this Policy,
shall be subject to appropriate disciplinary action (up to and including suspension,
expulsion, or
termination). Students violating this provision will be adjudicated under the UGA
Code of Conduct.
Employees violating this provision will be adjudicated under this Policy.
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E. Conflicts of Interest
If the Complainant, Respondent, or EOO representative asserts that a complaint presents
an actual
or apparent conflict of interest for EOO, the complaint should be submitted or referred
to the
Office of Legal Affairs to resolve the conflict of interest. An actual or apparent
conflict of
interest is a financial interest, relationship, or other circumstance that would lead
a reasonable
person to doubt the objectivity of the EOO representative. If the Office of Legal
Affairs
determines there is no actual or apparent conflict of interest for EOO, EOO shall
conduct the
inquiry into the complaint. If the Office of Legal Affairs determines that an actual
or apparent
conflict of interest exists for EOO, then the Office of Legal Affairs, in consultation
with the
President, shall appoint an independent individual with appropriate experience and
training to
conduct the inquiry into the complaint.
F. Academic Freedom and Freedom of Expression
The University is committed to protecting, maintaining, and encouraging both freedom
of expression
and full academic freedom of inquiry, teaching, service, and research. This Policy
is not intended
to infringe or restrict rights guaranteed by the United States Constitution including
free speech
under the First Amendment or the due process clause of the Fourteenth Amendment, but
academic
freedom and freedom of expression will not excuse behavior that constitutes a violation
of the law
or this Policy.
G. Records
Records generated under this Policy are subject to the Georgia Open Records Act (O.C.G.A.
§50-18-70, et seq.) but are maintained in accordance with, and subject to, privacy
requirements
under state and federal law, including the Family Educational Rights and Privacy Act
of 1974
(FERPA) and University System of Georgia’s policy on record retention. Additionally,
the University
will take reasonable steps to maintain privacy in relation to any accommodations or
protective
measures afforded to an alleged victim or Complainant, except to the extent necessary
to provide
the accommodations or protective measures.
Information pursuant to this Policy shared internally between University administrators
is provided
on a need-to-know basis. Complainant(s) and Respondent(s) will be allowed the opportunity
to review
a copy of any directly related information in the investigative file at the same time
they are
provided a draft copy of the investigative report. Privileged material that has not
been
voluntarily released in writing will not be included or otherwise considered in the
investigative
report and will be excluded from the released material.
Any public release of information to comply with the open crime logs or timely warning
provisions
of the Clery Act will not release the names of parties or information that could easily
lead to a
victim’s identification.
H. Right to be Accompanied by an Advisor or Support Person
Any party to a complaint shall have the opportunity to use an advisor (including an
attorney) of
their choosing for the express purpose of providing advice and counsel at their expense
provided
that a party may not select an advisor who is otherwise a party or witness involved
in the
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investigation. The advisor may be present during any meetings and proceedings involved
in the
investigatory or resolution process in which the advisee is also eligible to be present.
The
advisor may advise the advisee, including providing questions, suggestions, advice
on the
proceedings, and guidance on responses to any questions of the participant but shall
not
participate directly other than for the purpose of conducting cross-examination of
the other party
in a formal hearing under Title IX pursuant to the USG Policy to Prohibit Discrimination
&
Harassment. If in connection with a formal hearing under Title IX a party does not
have an advisor,
the University will provide an advisor solely for the purpose of conducting cross-examination
during the formal hearing on behalf of the relevant party.
All communication during the investigation process will be between the University
and the party and
not the advisor. The University will copy the party’s advisor prior to the finalization
of the
investigation report when the University provides the parties the right to inspect
and review
directly related information gathered during the investigation. With the party’s permission,
the
advisor may be copied on all communications.
I. Presumption of Not Responsible (Innocence)
Individuals are presumed not responsible for the alleged conduct until a determination
is made at
the conclusion of the investigative and/or hearing process.
J. Amnesty for Students
Individuals should be encouraged to come forward and to report prohibited discriminatory
or
harassing conduct notwithstanding their consumption of alcohol or drugs. Information
reported by a
student during an investigation concerning their own consumption of drugs or alcohol
will not be
used against the particular student in a disciplinary proceeding or voluntarily reported
to law
enforcement; however, students may be provided with resources on drug and alcohol
counseling and/or
education, as appropriate. Nevertheless, these students may be required to meet with
staff members
in regards to the incident and may be required to participate in appropriate educational
program(s). The required participation in an educational program under this amnesty
procedure will
not be considered a sanction.
Nothing in this amnesty provision shall be interpreted to prevent an individual who
is otherwise
obligated by law (including under the Clery Act) to report information or statistical
data as
required.
III. PROCESSING, INVESTIGATION, AND RESOLUTION OF
DISCRIMINATION AND HARASSMENT REPORTS AND COMPLAINTS
The University’s complaint process, outlined herein, is the procedure used to investigate
complaints or reports of discrimination and harassment covered by this Policy, to
end any
discrimination and harassment found, to remedy the effects of discrimination and harassment,
and to
prevent any recurrence. If appropriate and permitted under applicable law, EOO may
recommend that
the Complainant and Respondent attempt to resolve their differences through an informal
resolution.
Proceedings under this Policy may be carried out prior to, simultaneously with or
following civil
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or criminal proceedings. Decisions about the timing of specific actions will be made
by EOO based
on the status of the evidence and other relevant case factors. These procedures do
not replace the
right of the Complainant or Respondent to file complaints or seek remedies available
under state or
federal law.
Any member of the University Community who feels they have experienced discrimination
or harassment
is encouraged, but not required, to clearly explain to the alleged offender that the
behavior is
objectionable and should stop immediately. The University encourages any member of
the University
Community to report any unresolved incidents of discrimination or harassment as outlined
in this
Policy.
University employees identified as witnesses are required to fully cooperate with
an investigation.
Any member of the University Community who willfully disregards, delays, or thwarts
an
investigation or makes false statements during an investigation may be found in violation
of this
Policy and subject to disciplinary action under this Policy; provided, however, that
this provision
does not require persons accused under this Policy to make a statement or respond
to the
allegations against her/him during the investigation. If the accused chooses not to
provide a
statement or response to the allegations, that silence will be considered a general
denial of the
allegations. However, the investigation may ultimately proceed and result in a policy
violation if
the evidence collected proves a violation by a preponderance of the evidence.
The NDAH Officer/Title IX Coordinator or their designee will explain to all parties
that he/she is
not an advocate or representative for either the Complainant or the Respondent. Advocacy,
counseling, and support resources available on campus and in the greater community
are identified
at the end of this Policy.
Information obtained during the course of the complaint process will be shared with
other
participants or witnesses in the investigation only to the extent necessary to conduct
a thorough,
fair and impartial investigation.
A. Standard of Review
Investigative findings under this Policy will be made using the preponderance of the
evidence
standard (i.e., “more likely than not”). This standard requires that the information
supporting an
alleged violation be more convincing than the information in opposition to it.
B. Interim Protective Measures
The EOO Director/NDAH Officer/Title IX Coordinator or their designee may impose interim
protective
measures before the final resolution of an investigation if failure to take the interim
measures
would constitute a threat to the safety and well-being of the Complainant or other
members of the
University Community or to ensure equal access to the University’s education programs
and
activities. Before any such measures are instituted, however, the NDAH Officer/Title
IX Coordinator
should, where practicable, provide the Respondent with an initial opportunity to respond
to the
allegations and to the imposition of any interim protective measures that directly
impact the
Respondent.
Imposing interim protective measures does not indicate that a violation of this Policy
has
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occurred. Such measures are designed to protect the Complainant and the University
Community and
are not designed to harm the Respondent. To the extent interim measures are imposed,
they should
minimize the burden on both parties where feasible.
These interim measures may include but are not limited to:
1. Change of University housing assignment;
2. Issuance of a mutual “no contact” directive;
3. Restrictions or bars to entering certain University property;
4. Changes to academic or employment arrangements, schedules, or supervision;
5. Interim suspension;
6. Withholding graduation or degree conferral; and
7. Other measures designed to promote the safety and well-being of the parties and
the University
Community.
An interim suspension should only be issued where necessary to maintain safety and
should be
limited to those situations where the Respondent poses a serious and immediate danger
or threat to
persons or property. In making such an assessment, the University will consider the
existence of a
significant risk to the health or safety of the Complainant or the University Community;
the
nature, duration, and severity of the risk; the probability of potential injury; and
whether less
restrictive means can be used to sufficiently mitigate the risk.
If an interim suspension is issued, the terms of the suspension take effect immediately.
When
requested by the Respondent, a hearing with the EOO Director/NDAH Officer/Title IX
Coordinator to
determine whether the intermediate suspension should continue will be held within
three (3)
business days of the request. The Complainant will be informed of the request and
provided the
opportunity to participate in the hearing.
C. Initiating an Investigation
Upon receipt of a report of prohibited conduct, EOO will engage in a preliminary inquiry
to: assess
and understand the nature of the report; provide outreach to complainant; offer supportive
measures
as outlined in this Policy; determine what university policy, if any, applies to the
report;
determine whether the parties are within the jurisdiction of the university; determine
whether the
report implicates a safety threat; and determine what resolution may be reasonably
available and
appropriate.
Making a report is different from filing a complaint. When EOO receives a report of
prohibited
conduct, it will offer supportive measures to a complainant, inform the complainant
of the
availability of supportive measures, and explain the process for filing a complaint.
At the conclusion of this preliminary inquiry, the following options may be available:
1. Dismissal with no further action
a. No complaint filed and no supportive measures received.
b. May involve a referral to another university unit for policy review.
2. Supportive measures only
12
a. Complainant receives supportive measures only and elects not to file complaint.
3. Other Resolution
a. Educational conversations or coaching which are considered non-disciplinary actions.
4. Informal Process
a. Informal Resolution requested in a complaint filed by the Complainant.
b. Recommended by EOO to the parties.
5. Formal Process
a. Investigation requested in a complaint filed by the Complainant.
b. Investigation initiated by a complaint signed by the Title IX Coordinator.
D. Dismissal of Report or Complaint Without Investigation
1. EOO reserves the right to dismiss a report or complaint under the following circumstances:
a. The Complainant or Reporting Party makes a report to EOO that does not allege a
concern or
violation within EOO’s subject matter jurisdiction;
b. The Complainant or Reporting Party makes a report to EOO that, assuming the report
is true and
accurate, would not reach the preponderance of the evidence standard to be a violation
of the NDAH
Policy;
c. The Complainant or Reporting Party makes a report to EOO that is within EOO’s
subject matter
jurisdiction, but the evidence known or potentially available is significantly short
of the
preponderance of the evidence standard;
d. The Respondent is no longer enrolled in or employed by the University; and
e. Specific circumstances, including a Complainant’s unwillingness or inability to
participate in
the review or investigation, prevent EOO from gathering evidence sufficient to reach
a
determination as to the complaint or allegations therein.
2. If a complaint is dismissed, any investigative or informal resolution will cease,
but the matter
may be referred to other resolution processes or appropriate follow-up such as an
educational
conversation or informal coaching. EOO reserves the right to document a matter, require
remedial
measures as appropriate, and reopen the matter at a later date if additional information
is brought
to the attention of EOO that supports conducting further investigation.
3. Parties may appeal the dismissal of a complaint by notifying the EOO Director/Title
IX
Coordinator in writing of their appeal within five (5) business days of the dismissal
of the
complaint. The other party will be notified of the appeal of the dismissal decision.
Appeals of a
dismissal decision will be reviewed by EOO Director/Title IX Coordinator. Parties
will be notified
of the outcome of the appeal in writing within five (5) business days of filing the
dismissal
decision appeal. The outcome of a dismissal decision appeal can either uphold or reverse
the
dismissal decision. If the appeal upholds the dismissal, the basis of the dismissal
decision will
be implemented. If the dismissal decision is reversed, either an investigative or
informal
resolution process will resume. Any dismissal decision appeal outcome is final.
E. Informal Process
The informal process is an opportunity to bring resolution to a complaint through
awareness,
education, and/or a facilitated discussion. Informal resolution may be appropriate
if the parties
and EOO Director/NDAH Officer/Title IX Coordinator or their designee agree that an
informal process
is appropriate. The informal process is not available when a student is alleging Sexual
13
Misconduct against an employee.
During an informal process, fact-finding may occur to the extent necessary to resolve
the conflict
and protect the interest of the parties and the University Community. The terms of
the informal
resolution must be designed to stop any prohibited behavior, restore or preserve an
environment
free from prohibited discrimination or harassment, and prevent the reoccurrence of
prohibited
harassment or discrimination. Either party has the option to end the informal process
and request a
formal process at any time prior to the agreement of the terms of an informal resolution.
A failed
informal process will not be a factor in the formal resolution process.
Informal resolutions may include, but are not limited to, one or more of the following:
1. Training;
2. Changes to work or academic arrangements;
3. Housing reassignment;
4. Informal discussion with person whose conduct, if not stopped, could rise to the
level of
discrimination or harassment;
5. Advisory discussion with the Respondent’s supervisor, professor, or advisor;
6. “No contact” directive to one or more of the parties; and
7. Sanctions as defined by this Policy or the Code of Conduct.
An informal resolution represents the final disposition of the complaint and is not appealable.
F. Formal Process
All complaints that are not resolved through the informal process or to which the
informal process
does not apply or is deemed inappropriate are resolved through a formal
process involving a full investigation conducted by the EOO Director/NDAH Officer/Title
IX
Coordinator designee.
As part of the formal process, the investigator will:
1. Inform the parties of their right to be interviewed and provide evidence;
2. Inform the parties of their right to an advisor;
3. Inform the parties of their right to determine their level of participation including
the right
to remain silent;
4. Obtain information and evidence, including the identity of any witnesses, from
the parties;
5. Attempt to obtain information from the identified witnesses;
6. Ask relevant questions, submitted by the parties, to any witness or party;
7. Ask additional questions deemed relevant by the investigator;
8. Collect and maintain appropriate documentation of the investigation and any evidence
obtained;
9. Disclose appropriate information to others only on a need-to-know basis consistent
with state
and federal law;
10. Keep the appropriate supervisors/administrators/faculty informed of the status
of the complaint
and investigation, and seek input from them as appropriate when implementing any resolution
or
discipline; and
11. Provide the Complainant, alleged victim, and the Respondent the opportunity to
review the
evidence collected and respond to that evidence.
If the Respondent chooses to remain silent without providing a verbal or written response
to the
allegations, the investigator will consider the absence of a response as a general
denial of the
alleged misconduct. The investigation will proceed and a Policy violation may be found
against the
Respondent if supported by a preponderance of the evidence.
The interviews and exchange of information through the investigator, including the
opportunity to
respond to evidence and to provide the investigator questions a party wishes to pose
to the other
party or a witness, constitute the hearing process for all complaints of discrimination
and
discriminatory harassment other than Title IX Sexual Misconduct that is adjudicated
in accordance
with the USG Policy to Prohibit Discrimination & Harassment, USG Standards for Institutional
Student Conduct Investigation and Disciplinary Proceedings, and the UGA Sexual Misconduct
Policy.
At the completion of the investigation process, the investigator will prepare a draft
report of
findings, which will be shared with the parties. The parties will have the opportunity
to review
the investigation materials upon receipt of the draft report. The parties will have
at least ten
(10) business days to review the investigation file and submit a written response
to the report.
The investigator will respond to any additional information provided in the responses
by continuing
the investigation, make any modifications to the investigation report as appropriate,
or finalize
the report of findings without further action.
The investigator may consolidate multiple allegations arising out of the same set
of facts and
circumstances, or similar allegations against a common party if the allegations become
known during
the pendency of an investigation. The parties shall have the opportunity to request
or object to
the consolidation; however, the investigator shall have the authority to make the
final
determination.
The investigator may consider a pattern of behavior in determining whether the Policy
has been
violated, if evidence of that pattern is known during the pendency of an investigation
or if a
prior investigation of similar conduct is available.
1. Resolution
The amount of time needed to conduct an investigation will depend in part on the nature
of the
allegation(s) and the evidence to be investigated (e.g., the scope of the allegations,
the time
period and number of events implicated by or relevant to the complaint, the number
or availability
of witnesses involved and the volume of documents). The formal investigation process,
including the
exhaustion of appeal rights, should be concluded within 120 business days of receipt
of the
complaint. The EOO Director/NDAH Officer/Title IX Coordinator or their designee will
advise the
parties if it is determined that the investigation process has been delayed and that
the 120
business days may not be met. The parties must be apprised of the additional estimated
amount of
time needed for the investigation. Upon conclusion of the investigation, the EOO Director/NDAH
Officer/Title IX Coordinator or their designee will notify the Complainant and Respondent,
in
writing, of the results of the investigation. The written decision will be disclosed
only to the
parties and University officials as appropriate to determine and enforce any
15
remedial actions, discipline, or sanctions, and to prepare for any appeals. EOO will
determine
whether remedial action is effective. Complainants are encouraged to report any reoccurrences
of
conduct that were found to violate this Policy, as well as to report any retaliation
for the
complaint or related investigation.
Remedial and preventative measures may be imposed by the EOO even in the absence of
a violation of
this Policy if conduct is found to occur that may, if not addressed, rise to the level
of a
violation. Any unprofessional conduct or inappropriate behavior found during the course
of the
investigation that is not covered by the Policy will be referred to the respective
department or
Human Resources for review.
2. Remedies
Where discrimination or harassment in violation of this Policy is determined to have
occurred, the
University will take timely action to remedy the effects. Potential remedies for the
Complainant or
victim include, but are not limited to:
1. Extensions of time to re-do or complete academic work without an academic or financial
penalty;
2. Changes to academic or employment arrangements, schedules, or supervision that
minimize burden
on the Complainant or victim;
3. Provision of or referral to medical, counseling, and academic support services;
4. Change of University housing assignment;
5. Training/re-training on this Policy and other relevant topics for individuals or
groups
implicated in the discrimination or harassment;
6. “Mutual no contact” directive; and
7. Other measures designed to repair negative impact of discrimination or harassment.
3. Sanctions
If a violation of this Policy is found, the level of discipline and type or scope
of sanctions will
depend on the severity and nature of the discrimination or harassment, the weight
of the evidence,
and the need to maintain a safe and respectful environment. EOO will also consider
any history of
past discriminatory, harassing, or retaliatory conduct, the Respondent’s willingness
to accept
responsibility, and previous institutional response to similar conduct.
Available sanctions include, but are not limited to:
1. Mandatory training or counseling;
2. “No Contact” directive;
3. Restriction or bar to entering certain University property or attending University
events;
4. Housing reassignment;
5. Community service;
6. Written warning;
7. Transcript notation;
8. Delayed degree conferral or revocation of degree;
9. Probation;
10. Suspension; and
11. Expulsion or termination.
4. Right to Appeal
All parties shall have the right to appeal the outcome of the formal process and decision
to the
University President pursuant to this Policy. The President must receive a written
appeal within
ten (10) business days after the receipt of the written notification of the decision
being
appealed. Parties must include all materials in support of their appeal at that same
time the
appeal to the President is filed. In addition, the appeal must identify one or more
of the
following factors upon which the appeal is based:
1. Material failure to comply with applicable procedures in the NDAH Policy or to
conduct a
reasonably thorough investigation;
2. Partiality, bias, or conflict of interest by the EOO Director/NDAH Officer/Title
IX Coordinator
or their designee;
3. Findings, if not overturned or modified, would result in a substantial injustice
to a party or
parties, including a substantially inadequate or excessive sanction; or
4. New evidence that was not reasonably available to be presented by the parties during
the course
of the investigation.
The President’s office will notify the non-appealing party of the appeal, if they
have participated
in the investigative process, and provide that party an opportunity to respond in
writing, unless
that party has opted not to participate in the investigation process. The President
or their
designee may receive additional information if they believe such information would
aid in the
appeal.
The President may:
1. Affirm the original finding and sanction;
2. Affirm the original finding but issue a new sanction of greater or lesser severity;
3. Remand the case back to the Equal Opportunity Office to correct a procedural or
factual defect;
or
4. Reverse or dismiss the case if there was a procedural or factual defect that cannot
be remedied
by remand.
A decision by the President or their designee will be made within a reasonable time
and the NDAH
Officer/Title IX Coordinator, the Complainant, and the Respondent will be notified
in writing of
the decision on the appeal. During the time of appeal and review, disciplinary action
or sanction
or remedial/preventative measures, if any, taken as a result of the original complaint
may be
implemented and enforced. Upon the request of the appealing party, the President may,
in their
discretion, temporarily suspend the imposition of the disciplinary action, sanction,
or
remedial/preventative measures while the appeal is pending.
If an appeal is not filed within the appeal period, the findings become final and
are not subject
to any review.
IV. UNIVERSITY AND COMMUNITY SUPPORT RESOURCES
UGA Title IX Coordinator
UGA Equal Opportunity Office & Title IX Coordinator
(706) 542-7912
ugaeoo@uga.edu http://eoo.uga.edu
Individual Support, Consultation and Referral Services
UGA Counseling and Psychiatric Services (CAPS)
(706) 542-2273
https://caps.uga.edu/
UGA Office of Relationship and Sexual Violence Prevention (RSVP) (Provides crisis
support,
information, advocacy, education and outreach) (706) 542- 7233 or (706) 542-8690
https://healthpromotion.uga.edu/rsvp/
Process Support Services
(Process Support Services at the University of Georgia are available to any student
who has been
accused of violating the University System of Georgia Board of Regents’ Student Sexual
Misconduct
Policy)
(706)542-0753
https://healthcenter.uga.edu/processsupport/
UGA Center for Counseling and Personal Evaluation
(706) 542-8508
https://coe.uga.edu/directory/counseling-and-personal-evaluation
UGA Psychology Clinic
(706) 542-1173
https://psychology.uga.edu/clinic-information
Love and Money Center
(Offers individual, couple, and family therapy) (706) 542-4486
https://www.fcs.uga.edu/loveandmoneycenter
UGA Family Justice Clinic
(706) 542-6272
http://law.uga.edu/family-justice-clinic
The Cottage Sexual Assault Centers and Children's Advocacy Center
(Provides interventions, referrals, support and resources for survivors of sexual
assault and child
abuse)
(706) 546-1133
24-hour Crisis Line: (877) 363-1912 http://www.northgeorgiacottage.org/
Project Safe
(24-hour confidential domestic violence services) (706) 543-3331; Text Line - 706-765-8019
http://www.project-safe.org/
Employee Assistance Program (EAP)
(Help in work or personal life) (844) 243-4440
https://benefits.usg.edu/
Health and Medical Services
University of Georgia’s Health Center
(706) 542-1162
https://healthcenter.uga.edu/
Gynecology Clinic
(706) 542-8691
https://healthcenter.uga.edu/services/gynecology- clinic/
UGA Primary Care Clinics and Urgent Care (706) 542-1162
https://healthcenter.uga.edu/services/medical-clinics/
UGA John Fontaine, Jr. Center for Alcohol Awareness and Education
(706) 542-1162
https://healthcenter.uga.edu/aod/
UGA Health Promotion Department
(706) 542-8690
https://healthpromotion.uga.edu/
UGA Collegiate Recovery Community
(706) 542-0285
https://healthpromotion.uga.edu/crc/
St. Mary’s Hospital
(706) 389-3000
http://www.stmarysathens.org/
Piedmont Athens Regional Medical Center
(706) 475-7000
https://www.piedmont.org/locations/piedmont-athens/piedmont-athens-home
Athens-Clarke County Health Department
(706) 389-6921
http://publichealthathens.com/wp/clinics/health-departments/clarke-county/
Law Enforcement and Student Conduct Services
University of Georgia Police Department
911 or (706) 542-2200
http://www.police.uga.edu/
Athens-Clarke County Police Department
911 or (706) 613-3330
http://www.athensclarkecounty.com/200/Police
UGA Office of Student Conduct
(706) 542-1131
http://www.conduct.uga.edu/
Academic Support or Problem Solving
Office of the Vice President for Student Affairs
(706) 542-3564
https://studentaffairs.uga.edu/vp/
Dean of Dean of Students, including Student Care and Outreach
(706) 542-7774 or sco@uga.edu http://dos.uga.edu/ https://sco.uga.edu/
Division of Academic Enhancement
(706) 542-5436
http://tutor.uga.edu/
UGA Regents’ Center for Learning Disorders
(706) 542-4589
http://www.rcld.uga.edu/
UGA Accessibility and Testing
(706) 542-8719 / (706) 542-8778 (tty)
accessibility@uga.edu https://accessibility.uga.edu
UGA Human Resources
(706) 542-2222
hrweb@uga.edu http://www.hr.uga.edu/
Office of Legal Affairs
(706) 542-0006
http://legal.uga.edu/
Ombudsperson Program
https://ombuds.uga.edu/
Housing Services
University Housing Department
(706) 542-1421
https://housing.uga.edu/
Residential Programs & Services
(706) 542-6533
Cultural Support
UGA Office of Multicultural Services and Programs
(706) 542-5773
http://msp.uga.edu/
PRIDE Center
(706) 542-4077
https://pride.uga.edu/
Student Veterans Resource Center
(706) 542-9629
https://svrc.uga.edu/
UGA International Student Life
(706) 542-5867
http://isl.uga.edu/
Office of Global Engagement
(706) 542-2900
https://globalengagement.uga.edu/
UGA Office of Inclusive Excellence
(706) 583-8195
inclusiveexcellence@uga.edu https://oie.uga.edu
UGA Women’s Resources
http://women.uga.edu/
Adopted: 9/15/2011
Amended: 11/28/2012; 5/6/2014; 9/24/2014; 11/9/2015; 8/25/2016; 10/4/2016; 2/20/2017;
3/15/2017;
8/17/2017; 10/25/2017; 2/8/2018; 4/27/2018; 7/31/2018; 10/27/2020;
3/15/2021; 11/1/2021; 3/11/2022; 5/24/2023; 3/13/2025
Policies
Non-Discrimination and Anti-Harassment Policy (PDF)
Title VII
Title VI