EOO Definitions

Affirmative action in employment strives to remove barriers and ensure full participation in employment opportunities for categories of individuals who have historically been underrepresented in, or excluded from, employment. The categories of individuals covered by affirmative action under federal, and in some cases state, law currently include women, racial minorities, people with disabilities and veterans.

Affirmative action in the employment context includes, without limitation: comprehensive and inclusive advertising and recruitment efforts; special or targeted recruiting in addition to traditional recruitment methods; and use of gender-neutral and culturally bias-free criteria for hiring, performance evaluation and termination. Affirmative action does not involve lowering educational or other requirements for employment.

The University of Georgia is required under federal law, specifically Executive Order 11246, to establish hiring goals for women and racial minorities when their representation in the University workforce is less than their representation in the relevant labor pool. Setting goals does not mean establishing quotas. In setting goals, the University conducts a utilization analysis to determine its current employment of women and minorities and an availability analysis to determine the number of qualified women and racial minorities available to meet the hiring needs. The University’s affirmative action program for disabled individuals and veterans is similar to the program for women and racial minorities.

The University gathers, maintains and updates the data and information necessary to develop the University’s Affirmative Action Plans for women, minorities, disabled individuals and veterans. The information includes labor market statistics; national statistics on graduates of bachelor’s, master’s, and doctoral programs; and data generated within the University itself.

Category:
Equal Opportunity & Affirmative Action

The federal Age Discrimination in Employment Act of 1967 (ADEA), as amended, prohibits age-related discrimination by employers with 20 or more employees against persons 40 years of age or older. This means age cannot be the basis for different, adverse treatment of an employee, as compared to other similarly situated individuals, with respect to any term or condition of employment. Nor can age be the basis for employment decisions concerning, without limitation, recruitment, hiring, firing, promotion, layoff, compensation, benefits, job assignments and training. Rather, employment decisions are to be based on the individual person’s skills and abilities, irrespective of age. Required or preferred qualifications identified in job postings should be stated in age-neutral terms (e.g., avoiding terms like “recent graduate” that suggests a desired age group) that objectively describe the level of education/training and years of experience, if any, required for the job. Georgia state law similarly prohibits age discrimination by any employer against persons who are age 40 to 70 years old. Georgia state law also prohibits age discrimination by public employers (like state agencies and local governments) against persons of any age.

The federal Age Discrimination Act of 1975 generally prohibits age discrimination against persons of any age in all programs or activities that receive federal financial assistance.

Consistent with the foregoing laws, the University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”), prohibits age-related discrimination or harassment in either employment or education against persons of any age.

Age-related discrimination is defined by the NDAH Policy as decision-making based on age.

Age-related harassment is defined by the NDAH Policy as unwelcome verbal or physical conduct based on age when it is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working and/or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.
Age-related harassment can include conduct or remarks based on stereotypes about age. For example, that older workers are: over-qualified, under-qualified, likely to retire soon, require more time off, are less responsive to supervision than younger individuals, or are unable to learn and utilize new procedures and new technologies.

If you have knowledge of or believe you have experienced age-related discrimination or harassment, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of any age-related discrimination or harassment to the Equal Opportunity Office. Failure to make a report is a separate violation of the NDAH Policy.

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Types of Discrimination

The University of Georgia’s Workplace Violence Policy prohibits bullying, which it defines as: “Unwanted offensive and malicious behavior that undermines an individual or group through persistently negative attacks. The behavior generally includes an element of vindictiveness, and is intended to undermine, patronize, humiliate, intimidate or demean the recipient.”

Enforcement of the Workplace Violence Policy, including receipt and investigation of complaints, is handled by Sige Burden, Sr. Director, Faculty & Staff Relations, (706) 542-9231 or [email protected].

However, bullying that involves any of the categories protected under the University’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) (e.g., race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status) will be investigated by the Equal Opportunity Office as potential discriminatory harassment.

Bullying behavior by a student that does not involve any of the categories protected under the NDAH Policy can be addressed by UGA’s Office of Student Conduct, (706) 542-1131 or [email protected].

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Types of Discrimination

As defined in UGA’s Non-Discrimination and Anti-Harassment Policy, 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.

As defined in the University System of Georgia Board of Regents’ Sexual Misconduct Policy, “community” is defined as: Students, faculty and staff, as well as contractors, vendors, visitors and guests.

Category:
Equal Opportunity & Affirmative Action

An individual lodging a complaint. The complainant may not always be the alleged victim.

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Types of Discrimination

Within the University System of Georgia, “consent” is defined as:

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. (See separate definition of Incapacitation below.) Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Minors under the age of 16 cannot legally consent under Georgia law.

Category:
Types of Discrimination

UGA Counseling and Psychiatric Services (CAPS) – (706) 542-2273

UGA Office of Relationship and Sexual Violence Prevention (RSVP) (provides 24-hour crisis support, information, advocacy, education and outreach) – (706) 542-7233 or (706) 542-8690

UGA Center for Counseling and Personal Evaluation – (706) 542-8508

UGA Psychology Clinic – (706) 542-1173

Aspire Clinic (offers individual, couple, and family therapy) – (706) 542-4486

The Cottage Sexual Assault Center 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

Project Safe (24-hour confidential information and domestic violence services) – (706) 543-3331

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Types of Discrimination

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. 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.

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Types of Discrimination

The University of Georgia’s Equal Opportunity Office uses the following definitions when investigating sexual harassment complaints.

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. (See separate definition of “Incapacitation.”) Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Minors under the age of 16 cannot legally consent under Georgia law.

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.

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, by a person similarly situated to a spouse of the alleged victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Domestic violence that involves a sexual or amorous relationship aspect or a prohibited bias factor (e.g., race, sex, sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability status or veteran status) will be addressed by the Equal Opportunity Office. Where there is no sexual or amorous relationship aspect and no prohibited bias factor involved, domestic violence by an employee will be addressed by Human Resources or the Office of Legal Affairs and domestic violence by a student will be addressed by the Office of Student Conduct.

Force – Physical violence, threats, intimidation or sexual coercion (see separate definition of “Sexual Coercion” below).

Incapacitation – The physical and/or mental inability to make informed, rational judgments, and can result from mental disability, sleep, involuntary physical restraint, 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.

Intercourse – Vaginal or anal penetration by a penis, object, tongue or finger, or oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Nonconsensual Sexual Contact – An intentional sexual touching upon a person, without consent or where the person is incapacitated, and/or by force, by another person or with any object. Sexual contact includes but is not limited to, intentional contact with the breasts, buttocks, groin, or genitals, or touching another with these body parts, or making another touch the alleged victim or themselves with or on any of these body parts.

Rape – Any sexual intercourse, however slight including with any object, by one person upon another person that is without consent and/or by force.

Sexual Assault – An umbrella term referring to a range of non-consensual sexual contact, which can occur in many forms, including but not limited to, rape and sexual battery.

Sexual Battery – Any sexual contact, including with an object, by one person upon another, that is without consent and/or by force.

Sexual Coercion – The application of an unreasonable amount of pressure or emotional/psychological manipulation to gain sexual access.

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 video or audio of sexual activity;
4. Non-consensual distribution of 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 unconsenting individual who are partially undressed, naked, or engaged in sexual acts;
6. Knowingly transmitted an STD or HIV to another individual;
7. Intentionally and inappropriately exposing one’s breasts, buttocks, groin, or genitals in non-consensual circumstances; and/or
8. Sexually-based bullying.

Stalking – Engaging in a course of conduct directed at another person based upon sex that would cause a reasonable person (i) to fear for his or her safety or the safety of immediate family members or close acquaintances, or (ii) to suffer substantial emotional distress.
Stalking that involves a sexual or amorous relationship aspect or a prohibited bias factor (e.g., race, sex, sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability status or veteran status) will be addressed by the Equal Opportunity Office. Where there is no sexual or amorous relationship aspect and no prohibited bias factor involved, stalking by an employee will be addressed by Human Resources or the Office of Legal Affairs and stalking by a student will be addressed by the Office of Student Conduct.

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Types of Discrimination

The passage of the federal Americans with Disabilities Act (ADA) of 1990, as amended in 2008, has brought increased attention to the rights of persons with disabilities. The ADA and other related federal laws — including, without limitation, Sections 504 and 508 of the Rehabilitation Act of 1973 and the Workforce Investment Act of 1998 — prohibit discrimination against qualified individuals with disabilities as students, job applicants, employees, and users of public accommodations and services at the University of Georgia (UGA). These laws also require that UGA programs, services and activities, when viewed in their entirety, be readily accessible to and usable by qualified individuals with disabilities and require that UGA make reasonable modifications in its policies, practices, and procedures to give equal access to qualified individuals with disabilities.

he University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) likewise prohibits discrimination and harassment within the University Community of individuals with disabilities.

An individual with a disability is a person who

• has a qualifying physical or mental impairment that substantially limits one or more major life activities (e.g., walking, eating, breathing, sleeping, major bodily functions, etc.), OR
• a record of such impairment, OR
• is regarded as having such impairment.

To be qualified, an individual with a disability must meet the basic skill, education, training or other eligibility requirements of the relevant job or academic program, and must be able to perform the essential functions of the relevant job or academic program, either with or without reasonable accommodation. In other words, employment or academic standards are not lowered for persons with disabilities.

Some examples of reasonable accommodations include, but are not limited to:

• Reasonable modifications to rules, policies, or practices (e.g., adjusting exam times or methods, modified work schedule)
• Removal of architectural, communication, or transportation barriers
• Provision of assistive technology and auxiliary aids and services (e.g., interpreters, readers, note-takers)
• Modification of equipment or devices

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Types of Discrimination

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, by a person similarly situated to a spouse of the alleged victim.

Domestic violence that involves a sexual or amorous relationship aspect or a prohibited bias factor (e.g., race, sex, sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability status or veteran status) will be addressed by the Equal Opportunity Office. Where there is no sexual or amorous relationship aspect and no prohibited bias factor involved, domestic violence by an employee will be addressed by Human Resources or the Office of Legal Affairs and domestic violence by a student will be addressed by the Office of Student Conduct..

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Types of Discrimination

Section 508 of the Rehabilitation Act of 1973 as amended by the Workforce Investment Act of 1998, requires electronic and information technology (collectively, “technology”) to be accessible to persons with disabilities. Failure to make technology accessible can constitute a form of prohibited disability discrimination. For information on accessible technology at the University of Georgia.

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Types of Discrimination

“No person shall, on the grounds of race, color, sex, religion, creed, national origin, age, status as a disabled veteran or veteran of the Vietnam era, or handicap be excluded from employment or participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the Board of Regents of the University System of Georgia [USG] or any of its several institutions now in existence or hereafter established. Incidents of harassment and discrimination will be met with appropriate disciplinary action, up to and including dismissal from the USG.”
USG Board of Regents Policy 8.2.1 – Equal Employment Opportunity

“The Board of Regents stipulates that no [University System of Georgia] student, on the ground of race, color, sex, religion, creed, national origin, age or handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the Board of Regents of the University System of Georgia or any of its several institutions now in existence or hereafter established.”
USG Board of Regents Policy 4.1.2 – Non-Discrimination

The University of Georgia is an international employer and educational institution whose diversity strengthens its educational, research and public service programs. The University also receives contracts and grants from state and federal agencies which stipulate that a recipient must provide equal opportunity to its faculty, students and staff. Consistent with federal and state law and Board of Regents and University policy, the University of Georgia is committed to the concepts of equal opportunity. The University is further committed to maintaining a fair and respectful environment for living, work and study, while also safeguarding the constitutional rights of free speech and academic freedom.

The University of Georgia’s Equal Opportunity Office is responsible for implementing and enforcing these principles, which are codified in the University’s Non-Discrimination and Anti-Harassment Policy (NDAH Policy).

Category:
Equal Opportunity & Affirmative Action

As an international institution, the University of Georgia welcomes and values its many students and employees who represent a wide variety of national origins. The research and teaching missions of the University of Georgia are supported by the many international scholars, faculty and staff who come to Athens from around the world.

Federal law, including Title VI of the federal 1964 Civil Rights Act, prohibits denying any individual equal employment opportunity because of birthplace, ancestry, or cultural or linguistic characteristics common to a specific ethnic group or national origin. Georgia state law likewise prohibits employment discrimination based on national origin. The University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) further prohibits ethnicity or national origin discrimination in University employment or education. Discriminatory behavior based on ethnicity or national origin often, but not necessarily, also involves improper considerations of race or color.

The NDAH Policy’s prohibition on ethnicity and national origin discrimination includes, without limitation, making employment or educational decisions — or subjecting an individual to different treatment compared to other similarly-situated persons in the educational or employment context — based on: the individual’s marriage to or association with persons of a particular ethnic group or national origin; participation in organizations, schools, churches, temples, or mosques generally associated with a particular ethnic group or national origin; or surnames associated with a particular ethnicity or national origin.

Please note that the University of Georgia is required by law to verify that all of its employees are legally authorized to work in the United States by the time of their start date and that all of its students are lawfully present in the United States. However, neither national origin nor citizenship status is a legitimate criterion for an employment or educational decision at the University. Hiring authorities and admissions personnel should not make judgments or assumptions about foreign-looking or foreign-sounding applicants, but only require that all entering or current employees provide proof of their authorization to work in the United States and that all students provide proof of their lawful presence in the United States. For further information and assistance, please contact the University of Georgia’s International Student, Scholar and Immigration Services (ISSIS) at (706) 542-2900 or [email protected].

Harassment on the basis of ethnicity or national origin is also prohibited. As defined by the University’s NDAH Policy, such harassment consists of unwelcome verbal or physical conduct based on ethnicity or national origin when the conduct is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working and/or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.
If you have knowledge of or believe you have experienced ethnicity or national origin discrimination or harassment, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of ethnicity or national origin discrimination or harassment. Failure to make a report is a separate violation of the NDAH Policy.

Category:
Types of Discrimination

Physical violence, threats, intimidation, or sexual coercion (see separate definition of “Sexual Coercion”).

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Types of Discrimination

Gender identity refers to one’s inner sense of being male, female or something else.

Terms relating to gender identity include:

Transgender, referring to people whose gender identity differs from their assigned or presumed sex at birth.

Cisgender, referring to people whose gender identity is the same as their assigned or presumed sex at birth.

Gender-nonconforming (GNC), referring to people who do not meet society’s expectations of gender roles.

TGNC, referring to people who identify as either transgender (T) or gender-nonconforming (GNC).

Transitioning is the process of changing one’s gender presentation to conform with one’s internal sense of gender identity.

Intersex is a general term used for a variety of conditions in which a person is born with reproductive or sexual anatomy that does not fit the typical definitions of female or male.

UGA’s Lesbian, Gay, Bisexual and Transgender Resource Center offers support and advocacy to the LGBT, queer, and ally (LGBTQA) community. Telephone: (706) 542-4077. GLOBES is UGA’s LGBTQA faculty/staff organization. Lambda Alliance @ UGA is a student organization that supports the LGBTQA community on campus and in the Athens area.

The University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) prohibits discrimination or harassment based on gender identity in both employment and education.

Discrimination is defined by the NDAH Policy as decision-making based on gender identity.

Harassment is defined by the NDAH Policy as unwelcome verbal or physical conduct based on gender identity when the conduct is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working and/or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.
If you have knowledge of or believe you have experienced discrimination or harassment based on gender identity, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of gender identity discrimination or harassment. Failure to make a report is a separate violation of the NDAH Policy.

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Types of Discrimination

The federal Genetic Information Nondiscrimination Act (GINA) of 2008 protects an individual from being treated unfairly because of differences in his or her DNA that may affect the individual’s health. GINA specifically prohibits the use of an individual’s genetic information — including family medical history — when making hiring, firing, job placement, or promotion decisions. It also prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future.

The University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) likewise prohibits discriminatory decision-making; different, adverse treatment compared to other similarly-situated individuals; or harassment when any of the foregoing conduct is based on genetic information.

Harassment is defined by the NDAH Policy as unwelcome verbal or physical conduct based on genetic information when the conduct is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working and/or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.
If you have knowledge of or believe you have experienced discrimination or harassment based on genetic information, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discrimination or harassment based on genetic information. Failure to make a report is a separate violation of the NDAH Policy.

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Types of Discrimination

CONSENT

The State of Georgia does not define “Consent” in reference to sexual activity. However, the State of Georgia defines “without consent” as a circumstance in which “a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.” O.C.G.A § 16-1-3(19)

The University of Georgia’s Equal Opportunity Office (EOO), when investigating sexual harassment complaints under the University System of Georgia Board of Regents’ Sexual Misconduct Policy and the University of Georgia’s Non-Discrimination and Anti-Harassment Policy, defines “Consent” as:

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. (See separate definition of Incapacitation below). Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Minors under the age of 16 cannot legally consent under Georgia law.

DOMESTIC VIOLENCE

The State of Georgia does not define “Domestic Violence” but defines “Family Violence” as:

“[T]he occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

(1) Any felony; or

(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

The term ‘family violence’ shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.”

O.C.G.A. § 19-13-1

DATING VIOLENCE

The State of Georgia does not define “Dating Violence” but defines “Family Violence” to include some dating situations – i.e., persons who are parents of the same child, or other persons living or formerly living in the same household.

See O.C.G.A. § 19-13-1.

SEXUAL ASSAULT

The State of Georgia does not have a single “Sexual Assault” definition but rather defines the following sexual crimes:

Rape
“(a) A person commits the offense of rape when he has carnal knowledge of:

(1) A female forcibly and against her will; or

(2) A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.”

O.C.G.A. § 16-6-1

Statutory Rape
“(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.”

O.C.G.A. § 16-6-3

Sodomy; Aggravated Sodomy
“(a) (1) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.

(2) A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.”

O.C.G.A. § 16-6-2

Sexual assault by persons with supervisory or disciplinary authority
“(b) A person who has supervisory or disciplinary authority over another individual commits sexual assault when that person:

(1) Is a teacher, principal, assistant principal, or other administrator of any school [defined below as pre-kindergarten through 12th grade] and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school; provided, however, that such contact shall not be prohibited when the actor is married to such other individual;

(2) Is an employee or agent of any community supervision office, county juvenile probation office, Department of Justice juvenile probation office, or probation office under Article 6 of Chapter 8 of Title 42 and engages in sexual contact with such other individual who the actor knew or should have known is a probationer or parolee under the supervision of such office;

(3) Is an employee or agent of a law enforcement agency and engages in sexual contact with such other individual who the actor knew or should have known is being detained by or is in the custody of any law enforcement agency;

(4) Is an employee or agent of a hospital and engages in sexual contact with such other individual who the actor knew or should have known is a patient or is being detained in the same hospital; or

(5) Is an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, as such term is defined in Code Section 37-1-1, or a facility providing child welfare and youth services, as such term is defined in Code Section 49-5-3, who engages in sexual contact with such other individual who the actor knew or should have known is in the custody of such facility.”

* * *

(e) Consent of the victim shall not be a defense to a prosecution under this Code section.”

O.C.G.A. § 16-6-5.1(b) & (e)

The words underlined above are defined as:

(1) “Actor” means a person accused of sexual assault.

(2) “Intimate parts” means the genital area, groin, inner thighs, buttocks, or breasts of a person.

***

(4) “Sexual contact” means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor.

(5) “School” means any educational program or institution instructing children at any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used.

O.C.G.A. § 16-6-5.1(a)

Sexual battery
(a) For the purposes of this Code section, the term ‘intimate parts’ means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.”

O.C.G.A. § 16-6-22.1

Aggravated sexual battery
(a) For the purposes of this Code section, the term ‘foreign object’ means any article or instrument other than the sexual organ of a person.
(b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.”

O.C.G.A. § 16-6-22.2

STALKING

The State of Georgia defines “Stalking” and “Aggravated Stalking” as follows:

Stalking
“(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms ‘computer’ and ‘computer network’ shall have the same meanings as set out in Code Section 16-9-92; the term ‘contact’ shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term ‘place or places’ shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term ‘harassing and intimidating’ means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person’s safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.

(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person’s consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others.”

O.C.G.A. § 16-5-90

Aggravated Stalking
“A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.”

O.C.G.A. § 16-5-91

Category:
Local Definitions

The physical and/or mental inability to make informed, rational judgments, and can result from mental disability, sleep, involuntary physical restraint, 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.

Category:
Types of Discrimination

Vaginal or anal penetration by a penis, object, tongue or finger, or oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Category:
Types of Discrimination

An intentional sexual touching upon a person, without consent or where the person is incapacitated, and/or by force, by another person or with any object. Sexual contact includes but is not limited to, intentional contact with the breasts, buttocks, groin, or genitals, or touching another with these body parts, or making another touch the alleged victim or themselves with or on any of these body parts.

Category:
Types of Discrimination

“Microaggressions are the everyday verbal, nonverbal, and environmental slights, snubs, or insults, whether intentional or unintentional, which communicate hostile, derogatory, or negative messages to target persons based solely upon their marginalized group membership. In many cases, these hidden messages may invalidate the group identity or experiential reality of target persons, demean them on a personal or group level, communicate they are lesser human beings, suggest they do not belong with the majority group, threaten and intimidate, or relegate them to inferior status and treatment.”
Derald Wing Sue, Ph.D., Microaggressions: More Than Just Race, Nov. 17, 2010.

Depending on their severity, frequency, and context, microaggressions related to protected categories (e.g., race, sex, sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability or veteran status) may constitute or contribute to discriminatory harassment prohibited by the University’s Non-Discrimination and Anti-Harassment (NDAH) Policy.

As defined by the NDAH Policy, discriminatory harassment consists of unwelcome verbal or physical conduct based on a protected category when:

Such conduct has the purpose or effect of unreasonably interfering with the individual’s work or educational performance;

Such conduct creates or has the intention of creating an intimidating, hostile, or offensive working and/or learning environment; or

Such conduct unreasonably interferes with or limits one’s ability to participate in or benefit from an educational program or activity.

If you have knowledge of or believe you have experienced discriminatory harassment, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discriminatory harassment. Failure to make a report is a separate violation of the NDAH Policy.

Category:
Types of Discrimination

Position of Authority, also sometimes called Responsible Employee, means any person (be they an employee or a student) whom a student could reasonably believe has the authority or duty of reporting incidents of misconduct to the appropriate university designee.

Position of Authority includes, without limitation, the following categories of people:

All administrators, supervisors, faculty members, and instructors of any kind (including graduate teaching assistants)
All employees within the University’s Police Department, Athletic Department, and Housing and Residence Life Department, regardless of whether they supervise another individual
Anyone (student or staff) serving in an advisor capacity to any student
Individuals designated by the University as a Campus Security Authority (CSA) for purposes of compliance with the Clery Act
Under the University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”), people in Positions of Authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discrimination or harassment, including sexual misconduct. Failure to make a report is a separate violation of the NDAH Policy.

This mandatory reporting requirement does not apply to Privileged Resource Employees, as defined in Section II.B (“Confidentiality”) of the Non-Discrimination and Anti-Harassment Policy. This mandatory reporting requirement also does not apply to individuals who provide medical or mental health services under a Georgia State Law license if a disclosure of discrimination or harassment is made in the course of the provision of such services.

Category:
Other

Prohibited sex discrimination and harassment in both the employment and educational contexts includes pregnancy or child birth-related discriminatory decision-making; disparate treatment compared to other similarly-situated persons; or unwelcome verbal or physical conduct based on pregnancy or childbirth when the conduct is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working and/or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.
Note that pregnancy alone is not a disability. A pregnant woman is entitled to work or participate in any University program/activity as long as she is able to perform the essential functions of the job or the program/activity. Where pregnancy or related condition(s) substantially limits one or more of a woman’s major life activities, the woman must be treated in the same manner as other applicants, employees or participants with a qualifying disability. For information concerning parental leave for both women and men at UGA, consult with your individual department head or human resources representative.

Pregnant Students: Under Title IX of the 1972 federal Education Amendments, pregnant students cannot be excluded from participating in any part of an educational program, including classes, extracurricular activities, athletics and student organizations. Reasonable accommodations must be provided if necessary to allow a pregnant student to continue to participate in the educational program (e.g., different seating arrangements, more frequent restroom breaks, temporary access to elevators, etc.). Participation in any program or class specifically designed for pregnant students must be voluntary on the part of the student and the program or class must be comparable to those offered to other students. A student’s absences because of pregnancy or childbirth must be excused so long as the student’s doctor deems the absences to be medically necessary. Any special services or accommodations provided to students who have temporary medical conditions (e.g., at-home tutoring) must also be provided to a pregnant student. The student must then be allowed to return to the same academic and extracurricular status as before her pregnancy-related medical leave began, including being given the opportunity to make up any work missed. Medical certification allowing school participation may only be required of a pregnant student or student who has given birth if such certification is required for all students with physical or psychological conditions requiring the attention of a physician.

Category:
Types of Discrimination

“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 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 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. Incidents of harassment and discrimination will be met with appropriate disciplinary action, up to and including dismissal or expulsion from the University.”
University of Georgia’s Non-Discrimination and Anti-Harassment Policy, last amended 3/15/17

The protected categories identified in the University of Georgia’s Non-Discrimination and Anti-Harassment Policy (NDAH Policy) are: race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status.

The NDAH Policy prohibits discriminatory decision-making relating to University employment or participation in University programs or activities based on any of the protected categories. For instance, decisions about hiring, admission into a program or course of study, grading, performance evaluation, work location, job tasks, discipline or termination cannot be based on any of the protected categories. Additionally, with respect to University employment or participation in University programs or activities, an individual cannot be subjected to disparate, adverse treatment compared to other similarly-situated persons based on any of the protected categories.

The NDAH Policy further prohibits discriminatory harassment based on any of the protected categories. As defined by the NDAH Policy, “discriminatory harassment” consists of unwelcome verbal or physical conduct based on any of the protected categories when the conduct is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working and/or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.
Discriminatory harassment can include expressions of disrespect, dislike, hate or hostility when based on any of the protected categories and targeted at an individual or group of individuals. Discriminatory harassment can occur in various forms including, without limitation, actions, gestures, spoken or written language, and use or display of images or symbols.

Discriminatory decision-making and discriminatory harassment (collectively, “NDAH incidents”) should be reported to the Equal Opportunity Office at (706) 542-7912 or [email protected]. UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of any alleged NDAH incidents. Failure to make a report by an employee in a position of authority is a separate violation of the NDAH Policy.

There are multiple reasons for reporting NDAH incidents:

So the person experiencing reported discrimination or harassment can receive support.
So the University can follow-up with any alleged perpetrators.
So the University can track problems and take remedial action to maintain a fair and respectful environment for living, work and study.
So the University can take action to prevent future NDAH incidents from occurring.
Some NDAH incidents may also constitute a crime (e.g., damage to property, assault, sexual assault, harassment/stalking). If you believe a crime may have occurred, in addition to reporting the NDAH incident to the Equal Opportunity Office, please report it to law enforcement by calling:

UGA Police if the incident occurred on any UGA campus – 911 or (706) 542-2200
Athens-Clarke County Police if the incident occurred off-campus in Athens – 911 or (706) 613-3330
Local law enforcement for the relevant jurisdiction if incident occurred outside of Athens-Clarke County
NOTE TO THIRD PARTIES REGARDING CONTACTING LAW ENFORCEMENT TO REPORT SEXUAL ASSAULT:
It is the choice of the person who experienced sexual assault (the survivor) whether to report the incident to law enforcement. If the survivor indicates a desire to make a report, it is appropriate to offer to assist in calling the police. Otherwise, law enforcement should be contacted only if:

the factual circumstances of the sexual assault indicate an imminent threat to the safety of a particular individual or the University community;
the survivor/victim needs transport for medical services (including transport to the local Family Protection Center for a sexual assault forensic exam) and consents to your contacting law enforcement for this limited purpose; or
the survivor is under the age of 16.
Category:
Types of Discrimination

Federal and state laws, as well as the University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”), prohibit race or color discrimination in the employment and educational contexts.

Race discrimination consists of unfair treatment of an individual or group based on characteristics traditionally associated with race, such as skin color, hair texture, and facial features. Race discrimination includes, without limitation, making employment or educational decisions based on race or color, or subjecting an individual to different, adverse treatment compared to other similarly-situated persons in the educational or employment context based on assumptions, biases, or judgments concerning race or color.

Harassment on the basis of race or color is also a form of prohibited discrimination. As defined by the University’s NDAH Policy, such harassment consists of unwelcome verbal or physical conduct based on race or color when the conduct is sufficiently severe, persistent or pervasive to:

• Unreasonably interfere with the individual’s work or educational performance;
• Create an intimidating, hostile, or offensive working and/or learning environment; or
• Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.

If you have knowledge of or believe you have experienced discrimination or harassment based on race or color, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discrimination or harassment based on race or color. Failure to make a report is a separate violation of the NDAH Policy.

Category:
Types of Discrimination

The University of Georgia’s Equal Opportunity Office uses the following definition when investigating sexual harassment complaints under the University’s NDAH Policy.

Rape – Any sexual intercourse, however slight including with any object, by one person upon another person that is without consent and/or by force.

Category:
Types of Discrimination

Federal law — including the First Amendment of the United States’ Constitution and Title VII of the 1964 Civil Rights Act — Georgia state law, and the University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) prohibit discrimination and harassment in the work and/or educational environment on the basis of religion or creed. This protection applies to all religious and spiritual observances, practices, and sincerely held beliefs.

Religious discrimination includes, without limitation, making employment or educational decisions — or subjecting an individual to different treatment compared to other similarly-situated persons in the educational or employment context — based on assumptions, biases, or judgments about the individual’s religion or creed.

Harassment on the basis of religion or creed is also a form of prohibited discrimination. As defined by the University’s NDAH Policy, such harassment consists of unwelcome verbal or physical conduct based on religion or creed when the conduct is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working and/or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.
If you have knowledge of or believe you have experienced discrimination or harassment based on religion or creed, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discrimination or harassment based on religion or creed. Failure to make a report is a separate violation of the NDAH Policy.

Category:
Types of Discrimination

The University is required to accommodate students’ and employees’ observances or practices related to sincerely-held religious beliefs, unless the accommodation would impose an undue hardship on the work or business of the University.

As a public entity, the University cannot be in a position of supporting, or appearing to support, one religion or spiritual practice over another.

Before scheduling events or exams, University faculty and staff are encouraged to consult the Interfaith Calendar for holidays and religious observance days.

Student absences due to religious holidays are addressed by the University’s Religious Holidays Attendance Policy.

University employees requiring religious accommodation should notify their supervisor and the Equal Opportunity Office so that arrangements can be made.

If you have knowledge of or believe you have been denied a religious accommodation, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

Category:
Types of Discrimination

A respondent is an individual who is accused to have engaged in conduct that violates UGA’s Non-Discrimination and Anti-Harassment Policy, or the University System of Georgia Board of Regents’ Sexual Misconduct Policy.

Category:
Types of Discrimination

The University System of Georgia Board of Regents’ Sexual Misconduct Policy defines “Responsible Employees” as those employees who must promptly and fully report complaints of or information regarding sexual misconduct to the Equal Opportunity Office/Title IX Coordinator. Responsible Employees include any administrator, supervisor, faculty member, or other person in a position of authority who does not have a statutory privilege of confidentiality by law, or who has not otherwise been designated as a Confidential Support Resource. Student employees who serve in a supervisory, advisory, or managerial role are in a position of authority (e.g., teaching assistants, residential assistants, student managers, orientation leaders, etc.). Responsible Employees are not required to report information disclosed at public awareness events (e.g., “Take Back the Night,” candlelight vigils, “survivor speak-outs,” or other public forums in which students may disclose incidents of prohibited conduct).

In addition to reporting complaints of or information about sexual misconduct, individuals who fall within the definition of “Responsible Employees” are also required by UGA’s Non-Discrimination and Anti-Harassment (NDAH) Policy to report to the Equal Opportunity Office any complaints or information (direct or indirect) about discrimination or harassment relating to any of the protected categories enumerated in the NDAH Policy: race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status. The responsibility to investigate complaints of discrimination or harassment related to any protected category rests with the EOO and not with the Responsible Employee who receives the complaint or possesses the knowledge. Failure by a Responsible Employee to promptly report may constitute a separate violation of the NDAH Policy and may provide a basis for discipline under this Policy.

Category:
Types of Discrimination

Retaliation is prohibited by the University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) and the Sexual Misconduct Policy as well as by various federal and state laws. Retaliation means any materially adverse action taken against an individual because s/he:

In good faith, reported what s/he believed to be discrimination or harassment based on a protected category (e.g., race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status),
Participated or cooperated in any Equal Opportunity Office investigation, or
Was otherwise associated with any Equal Opportunity Office investigation.
Retaliation can take many forms including, without limitation:

Departing from any customary employment or academic practice regarding the individual;
Impeding the individual’s academic or professional advancement in any University activity or program;
Refusing to hire, transfer or promote, or firing the individual;
Transferring or assigning the individual to a lesser position in terms of wages, hours, work responsibilities, job classification, job security, employment or academic status;
Unwarranted, excessive or disparate discipline or negative evaluation of the individual;
Denying the individual access to training or other benefits of employment;
Excluding the individual from academic or work-related meetings, events or activities;
Refusing to grant reasonable leave or accommodation requests;
Speaking ill of the individual to others in the work place or academic setting (e.g., labeling the individual as a “trouble-maker,” “not a team player,” “not to be trusted,” etc.); or
Threats or other acts of intimidation
The University will not tolerate retaliation. Any University community member found to have engaged in retaliation in violation of the NDAH Policy will be subject to disciplinary action under the Policy.

If you have knowledge of or believe you have experienced retaliation, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

Category:
Types of Discrimination

Federal law requires that the University of Georgia accommodate individuals with disabilities who require the use of a service animal. This includes allowing such individuals to be accompanied by their service animals in all areas of the University of Georgia where the public is normally allowed to go.

Federal law defines “service animal” as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”

The work or tasks performed by a service animal must be directly related to the disabled individual’s disability. Examples of work or tasks performed by service animals include, but are not limited to:

Assisting individuals who are blind or have low vision with navigation and other tasks;
Alerting individuals who are deaf or hard of hearing to the presence of people or sounds;
Providing non-violent protection or rescue work;
Pulling a wheelchair;
Assisting an individual during a seizure;
Alerting individuals to the presence of allergens;
Retrieving items such as medicine or the telephone;
Providing physical support and assistance with balance and stability to individuals with mobility disabilities; and
Helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.
Georgia state law also extends the right to equal public accommodation to dogs in training to be service animals.

For more information, see:

• UGA’s Service Animal Policy

To request information or clarification regarding the Service Animal Policy or to report a Service Animal violation, please complete a Service Animal Report & Request Form.

Category:
Types of Discrimination

Sex discrimination in education and employment at the University of Georgia, including sexual harassment and pregnancy, is prohibited by various federal and state laws including, without limitation:

• Title IX of the 1972 federal Education Amendments (prohibits sex-based discrimination in programs or activities of federally funded educational institutions);
• Title IV of the 1964 federal Civil Rights Act (prohibits sex-based discrimination in public colleges);
• Title VII of the 1964 federal Civil Rights Act (prohibits sex-based employment discrimination)
• State of Georgia’s Fair Employment Practices Act (FEPA) (prohibits sex-based discrimination against State employees)

Sex discrimination in education and employment at the University of Georgia, including sexual harassmentand pregnancy-related harassment, is also prohibited by the University’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) and by the University System of Georgia Board of Regents’ Sexual Misconduct Policy.

Sex discrimination refers to, without limitation: (1) using sex as a selection criterion in education or employment; (2) making decisions in the educational or employment context based on sex; or (3) subjecting an individual to different, disparate treatment compared to others who are similarly situated based on the individual’s sex.

Employment and educational selection criteria and decision-making must be job or program-related, and sex-neutral. Making assumptions that men or women are better or worse suited for a particular kind of job or program is prohibited. “Glass ceilings” are also prohibited, referring to women being either directly or indirectly discouraged from and/or rejected for promotions or other advancement.

Employment decisions that cannot be based on sex include, without limitation, decisions relating to: recruitment, hiring, compensation and benefits, job assignments, training, promotions, leave, discipline and termination.

Educational decisions that cannot be based on sex include, without limitation, decisions relating to: admission, financial aid, academic advising and instruction, class assignments, evaluation and grading, discipline, housing, athletics, health and counseling services, recreational/residential/extracurricular services or programs, and participation and status in any University program or activity, whether on or off campus.

In addition to sex-based discrimination, various federal and state laws, and the University of Georgia’s NDAH Policy also prohibit sex-based harassment in the educational or employment context. As defined by the NDAH Policy, such harassment consists of unwelcome verbal or physical conduct based on sex when the conduct is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an institutional program or activity.
Both men and women are protected from sex discrimination and sex-based harassment.

Prohibited sex-based discrimination and harassment includes, without limitation, discrimination or harassment based on gender, gender identity, pregnancy or childbirth.

In addition to sex-based discrimination and harassment, various federal and state laws, the University System of Georgia Board of Regents’ Sexual Misconduct Policy, and the University of Georgia’s NDAH Policy also prohibit sexual harassment in the educational or employment context.

If you have knowledge of or believe you have experienced sex discrimination or sex-based harassment, including if related to gender, gender identity, pregnancy or childbirth, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discrimination or harassment based on sex. Failure to make a report is a separate violation of the NDAH Policy.

Category:
Types of Discrimination

An umbrella term referring to a range of non-consensual sexual contact, which can occur in many forms, including but not limited to, rape and sexual battery.

Category:
Types of Discrimination

Any sexual contact, including with an object, by one person upon another, that is without consent and/or by force.

Category:
Types of Discrimination

The application of an unreasonable amount of pressure or emotional/psychological manipulation to gain sexual access.

Category:
Types of Discrimination

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.

Category:
Types of Discrimination

The University System of Georgia Board of Regents’ Sexual Misconduct Policy, and the University of Georgia’s Non-Discrimination and Anti-Harassment Policy define “Sexual Harassment” as:

Unwelcome verbal, nonverbal, or physical conduct, based on sex or gender stereotypes, that:

1. Is implicitly or explicitly a term or condition of employment or status in a course, program or activity; or

2. Is a basis for employment/educational decisions; or

3. is sufficiently severe, persistent, or pervasive to: (1) interfere with one’s work or educational performance; (b) create an intimidating, hostile, or offensive working or learning environment; or (c) interfere with or limiting one’s ability to participate in or benefit from an educational program or activity.

Sexual harassment includes forced or coerced sex or relationships, including where a person is incapable of giving consent due to use of drugs or alcohol, or due to disability, or due to being under the age of 16. Other examples that may constitute sexual harassment when sufficiently severe, persistent, or pervasive include, without limitation:

Non-consensual touching of another’s body, including unwanted hugging or shoulder rubbing.
Sexual remarks, jokes, anecdotes, inquiries, or physical gestures.
Requests or propositions of a sexual nature.
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.
Inappropriate use or display, or non-consensual sharing, of sexual images, text, or objects.
Domestic violence, dating violence and stalking are also forms of sexual harassment.

Sexual harassment can occur regardless of the relationship, respective positions of authority, or respective sex, sexual orientation, or gender identity of the parties involved.

Category:
Types of Discrimination

“Sexual orientation” refers to a person’s physical and/or emotional attraction to persons of the same and/or opposite gender. “Gay,” “lesbian,” “straight,” “bisexual,” “asexual,” and “queer” are some of the terms used to describe sexual orientation. A person’s sexual orientation is distinct from a person’s gender identity.

UGA’s Lesbian, Gay, Bisexual and Transgender Resource Center offers support and advocacy to the LGBT, queer, and ally (LGBTQA) community. Telephone: (706) 542-4077. GLOBES is UGA’s LGBTQA faculty/staff organization. Lambda Alliance @ UGA is a student organization that supports the LGBTQA community on campus and in the Athens area.

The University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) prohibits discriminatory decision-making; disparate treatment compared to other similarly-situated persons; or harassment based on a person’s sexual orientation.

As defined by the University’s NDAH Policy, prohibited harassment consists of unwelcome verbal or physical conduct based on sexual orientation when the conduct is sufficiently severe, persistent or pervasive to:

Unreasonably interfere with the individual’s work or educational performance;
Create an intimidating, hostile, or offensive working and/or learning environment; or
Unreasonably interfere with or limits one’s ability to participate in or benefit from an educational program or activity.
If you have knowledge of or believe you have experienced discrimination or harassment based on sexual orientation, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discrimination or harassment based on sexual orientation. Failure to make a report is a separate violation of the NDAH Policy.

Category:
Types of Discrimination

Engaging in a course of conduct directed at a specific person that would cause a reasonable person (i) to fear for his or her safety or the safety of immediate family members or close acquaintances, or (ii) to suffer substantial emotional distress.

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. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical, or other professional treatment or counseling.

Stalking that involves a sexual or amorous relationship aspect or a prohibited bias factor (e.g., race, sex, sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability status or veteran status) will be addressed by the Equal Opportunity Office. Where there is no sexual or amorous relationship aspect and no prohibited bias factor involved, stalking by an employee will be addressed by Human Resources or the Office of Legal Affairs and stalking by a student will be addressed by the Office of Student Conduct.

Category:
Types of Discrimination

The University of Georgia is committed to providing equal educational opportunities to all students who qualify for admission, and offers qualifying students with disabilities a variety of services and accommodations to ensure that both facilities and programs are accessible. The University’s Disability Resource Center (DRC) exists to assist students with requesting and coordinating reasonable accommodations and to connect students with the appropriate resources and supports to ensure a welcoming and accessible educational experience. This includes during orientation and campus visits.

Students who know or suspect that they may have a disability are encouraged to contact the DRC at (706) 542-8719/(706) 542-8778 (tty) or [email protected] to talk with a coordinator or to schedule an intake interview regarding evaluation (if needed), documentation (if needed), registering, and requests for accommodations or services.

For further information on accommodations, services and resources for students with disabilities, please visit the DRC’s website.

Category:
Types of Discrimination

“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.”
Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681)

Title IX is a federal law that prohibits sex-based discrimination, including pregnancy-related discrimination and sexual harassment/sexual violence, in all activities and programs of educational institutions receiving federal funds, which includes the University of Georgia. See:

• UGA Policy Memorandum: Notice of Non-Discrimination under Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq (PDF).
• UGA Policy Memorandum: Sex Discrimination (PDF)
• EOO Definitions: Prohibited Discrimination & Harassment: Sex (including Sexual Harassment)

Although historically associated with sex equality in athletics, Title IX applies to all University services and academic programs both on and off campus including, but not limited to:

• Admissions
• Financial aid
• Class assignments & course offerings
• Academic advising & instruction
• Evaluation & grading
• Discipline
• Athletics
• Housing
• Health and counseling services
• Recreational, residential life & extracurricular services and programs
• Employment of faculty, staff and graduate assistants, including the recruitment, consideration and selection processes.

All University community members must comply with Title IX, including, without limitation: students, faculty, staff, university administrators, coaches, counselors and visitors.

Title IX Inquiries or Complaints
Title IX inquiries or complaints should be directed to:

E. Janyce Dawkins, JD/MBA
Director & Title IX Coordinator
Equal Opportunity Office
Holmes Hunter Building – Suite 119
Athens, GA 30602
(706) 542-7912 (ph)
(706) 542-2822 (fax)

OR

U.S. Department of Education
Office of Civil Rights
(800) 421-3481
[email protected]

Region IV – Atlanta
​Office of Civil Rights
U.S. Department of Health & Human Services
Sam Nunn Atlanta Federal Center, Suite 16T70
61 Forsyth Street, S.W.
Atlanta, GA 30303-8909
(800) 368-1019 (ph)
(800) 537-7697 (TDD)
(404) 562-7881 (local)

Gender Equity in Athletics
Questions or complaints about gender equity in UGA’s athletic programs should be directed to:

Dr. Carla Williams
Executive Associate Athletic Director
Senior Woman Administrator
1 Selig Circle
Athens, Georgia 30602
(706) 542-9036
[email protected]

Category:
Types of Discrimination

The Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA), as amended, prohibits discrimination and requires affirmative action in all employment practices for disabled and other protected veterans.

A “disabled veteran” is defined as:

A veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under the laws administered by the Secretary of Veterans Affairs; OR
A veteran who was discharged or released from active duty because of a service-connected disability.
“Other protected veteran” is defined as a veteran who served on active duty in the U.S. military, ground, naval, or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense.

UGA’s Student Veterans Resource Center, (706) 542-9629, provides support, advocacy, and a convenient respite for student veterans.

The University of Georgia’s Non-Discrimination and Anti-Harassment Policy (“NDAH Policy”) prohibits discrimination – including adverse treatment compared to other similarly-situated persons — based on veteran status in the educational and employment contexts. The NDAH Policy also prohibits harassment based on veteran status. As defined by the University’s NDAH Policy, such harassment consists of unwelcome verbal or physical conduct based on veteran status when:

Such conduct has the purpose or effect of unreasonably interfering with the individual’s work or educational performance;

Such conduct creates or has the intention of creating an intimidating, hostile, or offensive working and/or learning environment; or

Such conduct unreasonably interferes with or limits one’s ability to participate in or benefit from an educational program or activity.

If you have knowledge of or believe you have experienced discrimination or harassment based on veteran status, please contact the Equal Opportunity Office at (706) 542-7912 or [email protected].

UGA faculty, instructors, administrators, supervisors and all other employees (including student employees) who are in positions of authority must report to the Equal Opportunity Office any complaints they receive or knowledge they possess (whether direct or indirect) of discrimination or harassment based on veteran status. Failure to make a report is a separate violation of the NDAH Policy.​

Category:
Types of Discrimination

Note that University job applicants should not be asked at the pre-job-offer stage about the existence, nature, or severity of a disability, except that:

All applicants may be asked if a reasonable accommodation is needed to complete the application process, and
Applicants with an obvious or visible disability that could reasonably be believed to affect their ability to perform the essential job functions of the position(s) for which they are applying may be asked about their ability to perform such job functions, and whether they will need any accommodation to do so.
After a job offer is made, entering University employees may be asked disability-related questions and/or required to take a medical exam, so long as the same questions and/or exam apply to all post-offer applicants in the same job category.

Once employed, University employees may be asked disability-related questions only if it is reasonable to believe that the employee is unable to perform, or cannot safely perform, the essential job functions because of a disability.

Meanwhile, a University applicant or employee may request an accommodation at any point in the hiring and employment process (i.e., at the application stage, during the hiring interview, after an offer is made, after starting employment). The right to ask for accommodation is not waived because not requested at the application or hiring stage.

There are no “magic words” for what constitutes a request for an accommodation and the request need not initially be made in writing. Moreover, the request can come from a third party, such as the applicant or employee’s family member or medical provider. If the disability is not obvious, the applicant or employee can be required to provide reasonable (i.e., not unduly burdensome) documentation from a health care professional of the disability and how it affects the applicant’s or employee’s functioning.

Once a request for accommodation is made, and documentation is provided (if the disability is non-obvious), the University will engage in an interactive process with the person with a disability to:

determine if s/he can reasonably be accommodated to enable him/her to perform the essential job functions, and timely provide any such reasonable accommodations.
Where more than one method or type of reasonable accommodation exists, the preference of the person with a disability will be considered but the University is ultimately the decision-maker as to what method or type of accommodation is provided, so long as it is effective.

Category:
Types of Discrimination

Sexual harassment/violence involving non-consensual physical touching, coerced physical confinement, or forced or coerced sex acts may also constitute a crime. Persons who have experienced sexual assault or other sexual harassment that may constitute a crime are encouraged to report the incident to law enforcement by calling:

• UGA Police if the incident occurred on any UGA campus – 911 or (706) 542-2200
• Athens-Clarke County Police if incident occurred off-campus in Athens – 911 or (706) 613-3330
• Local law enforcement for the relevant jurisdiction if incident occurred outside of Athens-Clarke County

NOTE TO THIRD PARTIES REGARDING CONTACTING LAW ENFORCEMENT TO REPORT SEXUAL ASSAULT:
It is the choice of the person who experienced sexual assault (the survivor) whether to report the incident to law enforcement. If the survivor indicates a desire to make a report, it is appropriate to offer to assist in calling the police. Otherwise, law enforcement should be contacted only if:

• the factual circumstances of the sexual assault indicate an imminent threat to the safety of a particular individual or the University community;
• the survivor/victim needs transport for medical services (including transport to the local Family Protection Center for a sexual assault forensic exam) and consents to your contacting law enforcement for this limited purpose; or
• the survivor is under the age of 16.

Additionally, regardless of the place of occurrence, sexual assault and other sexual harassment that may constitute a crime should be reported to the Equal Opportunity Office (EOO) at (706) 542-7912 or [email protected]. University employees (including student employees) in positions of authority (e.g., faculty, instructors, administrators, supervisors, etc.) are required to report incidents or allegations of sexual assault and other sexual harassment to the EOO and should relay to the EOO any request by the survivor for confidentiality.

Category:
Types of Discrimination