Sexual Misconduct Policy

Adopted by President’s Cabinet 6/28/16
Revisions Adopted by President’s Cabinet 8/15/17; revised policy links added 10/19/17
Revisions Adopted by President’s Cabinet 3/27/18
Revisions Adopted by President’s Cabinet 8/10/18; revised telephone 9/27/18
Revisions Adopted by President’s Cabinet 6/ 25/19
Revisions Adopted by President’s Cabinet 9/22/20; 1/7/21 AE; 2/25/21 AE; 7/21/21 AE; 8/23/22
Revisions Adopted by President's Cabinet 4/23/24; 7/29/24 AE

East Georgia State College (EGSC) is committed to ensuring a safe learning environment that supports the dignity of all members of the East Georgia State College community. In accordance with federal and state law including, Title IX of the Education Amendments of 1972 (Title IX) and Title VII of the Civil Rights Act of 1964 (Title VII), EGSC prohibits discrimination on the basis of sex in any of its education programs or activities or in employment. EGSC further strongly encourages members of the college community to promptly report instances of sexual misconduct. EGSC is committed to ensuring the highest ethical conduct of the members of its community by promoting a safe learning and working environment. To that end, this Policy prohibits Sexual Misconduct, a form of sex discrimination, as defined herein. The EGSC Sexual Misconduct Policy is compliant with the University System of Georgia Policy and Section 6.7, Sexual Misconduct Policy. These policies and procedures are intended to ensure that all parties involved receive appropriate support and fair treatment, and that allegations of sexual misconduct are handled in a prompt, thorough and equitable manner.

EGSC is committed to reducing incidents of Sexual Misconduct, providing prevention tools, conducting ongoing awareness and prevention programming, and training the campus community in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the Violence Against Women Act (VAWA). Prevention is one of the primary mechanisms used to reduce incidents of sexual misconduct on campuses. EGSC provides prevention tools and conducts ongoing awareness and prevention programming and training for the campus community including students, faculty, and staff. Such programs promote positive and healthy behaviors and educate the campus community on consent, sexual assault, sexual harassment, alcohol and drug use, dating violence, domestic violence, stalking, bystander intervention, and reporting.

The College provides annual training for all new students, faculty, and staff. Students enrolled in East Georgia State College’s must complete the on-line Sexual Assault Awareness and Prevention training. The training is available for all East Georgia State College’s students to access. All faculty and staff are required to annually complete the related on-line course for employees. Faculty and staff who fail to complete the course will be subject to disciplinary action. All EGSC employees with assigned roles in Title IX, including but not limited to, the Title IX Coordinator or the Coordinator’s designee, investigators, panel members, hearing advisors, officials conducting resolutions, officials conducting hearings and officials hearing appeals will attend regular trainings concerning Title IX. The Title IX Coordinator or the Coordinator’s designee coordinates the trainings for all employees with assigned roles in Title IX.  All training material is posted on the EGSC Title IX website, in accordance with US DOE regulations.

When Sexual Misconduct does occur, all members of the EGSC community are strongly encouraged to report it promptly through the procedures outlined in this Policy.  This Policy applies to all members (students, employees, contractors, vendors, visitors and guests) of the EGSC community. All Sexual Misconduct reports or complaints are managed by the Title IX Coordinator or the Coordinator’s designee. However, separate processes for student and employee respondents, with policy references and links to each, are provided in Section V and VI. 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 clauses of Fifth and Fourteenth Amendments.

These policies and procedures shall become effective on August 15, 2017, and on the revision dates indicated above.

Reporting Structure

The EGSC Title IX Coordinator has a direct reporting relationship to both the EGSC President or the President’s designee and the USG System Director for Equity and Investigations (System Director). The EGSC Title IX Coordinator or the Coordinator’s designee (Coordinator) is also responsible for managing complaints under the EGSC Non-Discrimination and Anti-Harassment Policy. The EGSC President determines the organizational and operating reporting relationships for the Coordinator and exercises oversight of institutional issues relating to Sexual Misconduct. However, the System Director shall have authority to direct the Coordinator’s work at each institution as needed to address system-wide issues or directives. The President shall consult with the System Director on significant personnel actions involving Coordinators, to include but not be limited to, appointment, evaluation, discipline, changes in reporting structure, and termination.

I. Definitions and Prohibited Conduct

Community: Students, faculty, and staff, as well as contractors, vendors, visitors, and guests.

Complainant: An individual who is alleged to have experienced conduct that violates this Policy.

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 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.

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 to: (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 .

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.

Nonconsensual Sexual Contact: Any physical contact with another person of a sexual nature without the person’s consent. It 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.

Confidential Employees: College employees who have been designated by EGSC to talk with a Complainant or Respondent in confidence. Confidential Employees must only report to the Title IX Coordinator/Coordinator’s designee or the EGSC Police Department that the incident occurred and provide date, time, location, and name of alleged Respondent (if known) without revealing any information that would personally identify the alleged victim. This minimal reporting must be submitted in compliance with the Title IX and the Clery Act. Confidential Employees may be required to fully disclose details of an incident in order to ensure campus safety.

Privileged Employees: Individuals employed by the College 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 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 Georgia, under the age of 18) or otherwise provided by law, such as imminent threat of serious harm. Further, Privileged Employees must still submit anonymous statistical information for Clery Act purposes.

Reasonable Person: An individual who is objectively reasonable under similar circumstances and with similar identities to the person being evaluated by the institution.

Reporter: An individual who reports an allegation of conduct that may violate this Policy but who is not a party to the complaint.

Respondent: Individual who is alleged to have engaged in conduct that violates this Policy.

Responsible Employees: Those employees who must promptly and fully report complaints of or information regarding sexual misconduct to the Coordinator or the Coordinator’s designee. Responsible Employees include any administrator, supervisor, faculty member, or other person in a position of authority who is not a Confidential Employee or Privileged Employee. Student employees who serve in a supervisory, advisory, or managerial role are in a position of authority for purposes of this Policy (e.g., teaching assistants, residential assistants, student managers, orientation leaders, etc.).

Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or for 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. 1. 1. 1. Invasion of sexual privacy;
         2. Prostituting another individual;
         3. Non-consensual photos, video or audio of sexual activity;
         4. Non-consensual distribution of photos, video, or audio of sexual activity, even if the sexual activity or capturing of the activity was consensual;
         5. Intentional observation of nonconsenting individuals who are partially undressed, naked, or engaged in sexual acts;
         6. Knowingly transmitting 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.

Sexual Harassment (Student on Student): Unwelcome verbal, nonverbal, or physical conduct based on sex (including gender stereotypes) that is either:

1. 1. 1. 1. (Non-Title IX Sexual Harassment) 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
         2. (Title IX Sexual Harassment) 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 in violation of Title IX.

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. 1. 1. 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; or
         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.

The College also prohibits unwelcome conduct determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an EGSC education program or activity in violation of Title IX.

Sexual Misconduct: Includes, but is not limited to, such unwanted behavior as dating violence, domestic violence, nonconsensual sexual contact, nonconsensual sexual penetration, sexual exploitation, sexual harassment, and stalking.

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. 1. 1. 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.

II. Reporting Sexual Misconduct

The College encourages the reporting of all Sexual Misconduct as soon as possible.  While there is no statute of limitations on an institution’s ability to respond to a report, the ability to respond diminishes with time as information and evidence may be more difficult to secure. Any individual may make a report, but the institution does not have notice of the report until information is known to a Responsible Employee, the Coordinator, or the Coordinator’s designee. An individual who believes he/she is a victim of sexual misconduct is encouraged to promptly report allegations of sexual misconduct. Several reporting options are available:

• • • • File a complaint with an EGSC Responsible Employee or the Title IX Coordinator. The EGSC Title IX Coordinator is Cynthia Reese, East Georgia State College, 131 College Circle, Swainsboro, Georgia 30401; telephone 478-289-2152; email titleixFREEOMNIUPDATE. (See Section III-A);
      • File a criminal complaint with law enforcement officials including EGSC Police Department (See Section III-B);
      • File an anonymous report using the EGSC Hotline. (See Section III-C).
      • File a report, anonymous or in the individual’s name, through the EGSC Incident Report Form.

There is no specific information required to constitute a report; however, the report should contain as much information as can be provided. Reporting options are also included on the EGSC Title IX website.

III. Institutional Reports

 An institutional report occurs when the institution has notice of a complaint. That notice occurs in two instances:

1. 1. 1. 1. When a Responsible Employee receives a complaint; or
         2. When the Title IX Coordinator or their designee receives a complaint.

1. 1. Responsible Employee or Title IX Coordinator
      
      Complainants, or anyone with knowledge of Sexual Misconduct, who wish to file a report with the College should notify a Responsible Employee, the Coordinator, or Coordinator’s designee. That Responsible Employee must provide a complete reporting of all information known to them to the Coordinator. Responsible Employees informed about the Sexual Misconduct allegations should not attempt to resolve the situation but must notify and report all relevant information to the Coordinator as soon as practicable. Any EGSC employee receiving a report under this policy should immediately notify the Title IX Coordinator.
      
      Reports may be made in writing, by email, phone, letter, fax, interview, or other method that provides the basis of a complaint of sexual misconduct.
      
      Upon receipt of an institutional report, the Coordinator or designee will contact the Complainant. That contact will discuss the availability of supportive measures, invite them to discuss their wishes with respect to implementation of supportive measures, and explain the process of filing a complaint. An institutional report does not automatically prompt an investigation.
      
      The contact information for the Title IX Coordinator and related resources are published at EGSC Title IX webpage. East Georgia State College encourages complainants to put their complaints in writing, though oral complaints are accepted, taken seriously, and investigated to the extent possible. Further, while complaints should be made as quickly as possible following an alleged incident of sexual misconduct, all reports are accepted regardless of when reported.
      
      Complaints should include as much information as possible – that is: (1) the type of sexual misconduct experienced; (2) the name and contact information of the respondent; (3) the date(s), time(s), and place(s) of the sexual misconduct; (4) the name(s) and contact information of any individual(s) with knowledge of the incident; (5) whether any tangible evidence has been preserved; and (6) whether a criminal complaint has been made. Information from complaints will be shared only as necessary to investigate and to resolve the alleged sexual misconduct. Complaints will be investigated and resolved as outlined below.
      
      The Coordinator or the Coordinator’s designee shall notify the System Director of any allegation(s) of Sexual Misconduct that could, standing alone as reported, lead to the suspension or expulsion of a Student Respondent(s). The System Director will work with the institution to determine whether any support services or interim measure(s) are necessary and to assign an investigator who will work under the direction of the System Director or designee, if directed by System Director. If an allegation is not initially identified as one that would lead to the suspension or expulsion of the Student Respondent(s), but facts arise during the course of the investigation that could lead to the Student Respondent’s suspension or expulsion, the Title IX Coordinator or the Coordinator’s designee shall notify the System Director or designee. The System Director shall have the discretion the oversee the handling of the complaint.
      
      

   2. Confidential Reports

      Confidential Employees or Privileged Employees may receive reports of Sexual Misconduct without the requirement to report that information to the Coordinator or the Coordinator’s designee, except as dictated by law or professional standards. Upon request by the Complainant, Confidential Employees and Privileged Employees may make a report to the Coordinator or the Coordinator’s designee within the degree of specificity dictated by the Complainant.

      Nothing in this provision shall prevent an institution staff member who is otherwise obligated by law (i.e, the Clery Act) to report information or statistical data as required.

   3. Law Enforcement Reports
      

      
      Because sexual misconduct may constitute criminal activity, a complainant also has the option, should he or she so choose, of filing a report with EGSC Police Department (Swainsboro: 478-289-2090; Statesboro: 478- 455-1606; Augusta: 706-721-2911) or local police, for his or her own protection and that of the surrounding community. The College may assist the complainant in reporting the situation to law enforcement officials.

      Complainants considering filing a report of sexual misconduct with law enforcement should preserve any evidence of sexual misconduct, including, but not limited to, the following:

      1. 1. Clothing worn during the incident including undergarments;
         2. Sheets, bedding, and condoms, if used;
         3. Lists of witnesses with contact information;
         4. Text messages, call history, social media posts;
         5. Pictures of injuries; and/or
         6. Videos.
            
            Filing a criminal report does not automatically constitute an institutional report.
   4. Anonymous Reports
      
      

      Anonymous reports can be made at EGSC Hotline or by using EGSC Incident Report Form. Complainants should understand, however, that it will be more difficult for the College to investigate and to take action upon anonymous reports.

   5. Complaint Consolidation
      
      

      EGSC may consolidate complaints as to allegations of Sexual Misconduct against more than one Respondent, by more than one Complainant against one or more Respondents, or cross-complaints between parties, where the allegations of sexual misconduct arise out of the same facts or circumstances. The parties may object to consolidation; however, the college has the authority to make the final determination. Complaints can also be consolidated upon the written request of a Respondent of more than one complaint and who waives the right to separate complaints. Consolidation can occur during the investigation stage and/or adjudication phases of the sexual misconduct process.

   6. Complaint Dismissal
      

      
      The College is permitted, but not required, to dismiss complaints on the following grounds:

      1. The alleged conduct, even if proved, would not constitute sexual misconduct;
      2. The Complainant notifies the Coordinator or the Coordinator’s designee in writing that they would like to withdraw the complaint;
      3. The Respondent is no longer enrolled or employed by the institution; or
      4. There are circumstances that prevent the institution from gathering evidence sufficient to reach a determination regarding the complaint.

      The parties shall receive simultaneous written notice of the dismissal from the Title IX Coordinator or the Coordinator’s designee and the reason(s) for the dismissal. The parties shall have a right to appeal the institution’s decision to dismiss the complaint.

   7. Confidentiality
      

      
      Where a complainant or alleged victim requests that his or her identity be withheld or the allegation(s) not be investigated, the College should consider whether or not such request(s) can be honored while still providing a safe and nondiscriminatory environment for the College and conducting an effective review of the allegations. The requesting party should be informed that the College cannot guarantee confidentiality.

   8. Retaliation
      
      

      Anyone who has made a report or complaint, provided information, assisted, participated, or refused to participate in any manner in the Sexual Misconduct Process, shall not be subjected to retaliation. Anyone who believes that they have been subjected to retaliation should immediately contact the Coordinator or their designee. Any person found to have engaged in retaliation in violation of this Policy shall be subject to disciplinary action.

   9. False Complaints
      
      

      Individuals are prohibited from knowingly making false statements or knowingly submitting false information to a system or institution 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 or expulsion) and adjudicated under the appropriate institutional process.

   10. Amnesty
       
       

       Students should be encouraged to come forward and to report Sexual Misconduct notwithstanding their choice to consume alcohol or to use drugs. Information reported by a student during an investigation concerning the 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 regarding 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. A student may use this provision one time while enrolled at EGSC. A non-disciplinary record of that amnesty request will be held for documentation purposes only. This provision does not apply to employees.

       Nothing in this amnesty provision shall prevent an institution staff member who is otherwise obligated by law (the Clery Act) to report information or statistical data as required.

IV. Responding to Reports of Sexual Misconduct

1. 1. Support Services
      
      

      Once the Title IX Coordinator or the Coordinator’s designee has received information regarding an allegation of Sexual Misconduct the parties will be provided written information about support services. Support services are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without charge that are made available to the Complainant and Respondent before or after the filing of a complaint or where no complaint has been filed. Support services include counseling, advocacy, housing assistance, academic support, disability services, health and mental services, and other services available at the institution. Available support services are listed on the EGSC Title IX website and in the Information and Support Services for Title IX Complainants and Respondents document. 

   2. Interim Measures
      
      

      Interim measures may be implemented at any point after EGSC becomes aware of an allegation of sexual misconduct and should be designed to protect any student or other individual in the College community. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the campus community, or deter Sexual Misconduct and retaliation. Interim measures must be provided consistent with the provisions in applicable USG and EGSC policies and procedures.

      To the extent interim measures are imposed, they should minimize the burden on both the alleged victim and the respondent, where feasible. Interim measure may include, but are not limited to:

      1. 1. Change of housing assignment;

         2. Issuance of a “no contact” directive;

         3. Restrictions or bars to entering certain institution property;

         4. Changes to academic or employment arrangements, schedules, or supervision;

         5. Interim suspension; and

         6. Other measures designed to promote the safety and well-being of the parties and the College community.

   3. Emergency Removal/Interim Suspension
      
      

      Emergency removal should only occur 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 institution should consider the existence of a significant risk to the health or safety of the Complainant or the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk.

      Before an interim suspension is issued, the College will make reasonable efforts to give the Respondent the opportunity to be heard on whether the Respondent’s presence on campus poses a danger.  If an interim suspension is issued, the terms of the interim suspension take effect immediately.  The Respondent shall receive notice of the interim suspension and the opportunity to respond to the interim suspension. 

      Within three open campus days of receiving a challenge, EGSC will determine whether the interim suspension should continue. 

   4. Jurisdiction
      
      

      The College shall take necessary and appropriate action to protect the safety and well-being of the EGSC community. Sexual misconduct allegedly committed is addressed by this Policy when the misconduct occurs on institution property, at institution-sponsored or affiliated events, or off-campus, as defined by other USG and EGSC student conduct policies.  Any conduct that falls outside of the jurisdiction of Title IX will be handled by Student Conduct or Human Resources under other applicable policies.

   5. Advisors
      
      

      Both the Complainant and the Respondent, as parties to the matter, shall have the opportunity to use an advisor (who may or may not be an attorney) of the party’s choosing at the party’s own expense. All communication during the Sexual Misconduct process will be between the institution and the party and not the advisor. With the party’s written permission, including via the party’s official EGSC email, the advisor may be copied on all communications.

      For Formal Title IX Complaints: The advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the Sexual Misconduct process, including providing questions, suggestions, and guidance to the party, but may not actively participate in the process except to conduct cross-examination at the hearing as outlined below. If a party chooses not to use an advisor during the investigation, EGSC will provide an advisor for the purpose of conducting cross-examination on behalf of the relevant party.  EGSC will copy the party’s advisor prior to the finalization of the investigation report when EGSC provides the parties the right to inspect and review directly related information gathered during the investigation.

      For Non-Title IX Sexual Misconduct Complaints: The advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the Sexual Misconduct process but may not actively participate in the process. 

   6. Informal Resolutions
      
      

      Allegations of Sexual Misconduct may be resolved informally. The Complainant, the Respondent, and the institution must agree to engage in the informal resolution process and to the terms of the informal resolution. The Complainant(s) and the Respondent(s) have the option to end informal resolution discussions and request a formal process at any time before the terms of an informal resolution are reached. However, matters resolved informally shall not be appealable.
      
      

   7. Timeframe
      
      

      Efforts will be made to complete the investigation and resolution within 120 open campus days. Temporary delays and limited extensions may be granted by the institution for good cause throughout the investigation and resolution process. The parties will be informed in writing of any extension or delay and the applicable reason. The College shall keep the parties informed of the status of the investigation.

V. Investigations

All Sexual Misconduct investigations involving a Student Respondent shall follow the investigation process set forth in this policy and Section 4.6.5, Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings.

All Sexual Misconduct investigations involving an Employee Respondent shall be addressed utilizing the EGSC Non-Discrimination and Anti-Harassment Policy and the applicable policies for discipline of employees: EGSC Employee Handbook, USG 8.3.9 Discipline and Removal of Faculty Members

The College’s designated Title IX Investigators are located on the EGSC Title IX Webpage

Throughout any investigation and resolution proceeding, a party shall receive written notice of the alleged Sexual Misconduct, shall be provided an opportunity to respond, and shall be allowed the right to remain silent or otherwise not participate in or during the investigation and resolution process without an adverse inference resulting. If a party chooses to remain silent or otherwise not participate in the investigation or resolution process, the investigation and resolution process may still proceed, and policy violations may result.

Until a final determination of responsibility, the Respondent is presumed to have not violated the Sexual Misconduct Policy. Prior to the finalization of the investigation report, timely and equal access to information directly related to the allegations that has been gathered during the investigation and may be used at the hearing will be provided to the Complaint, the Respondent, and a party’s advisor (where applicable).

Formal judicial rules of evidence do not apply to the investigation process, additionally the standard of review throughout the Sexual Misconduct process is a preponderance of the evidence.

1. 1. 1. 1. The parties shall be provided with written notice of the: report/allegations with sufficient details, pending investigation, possible charges, possible sanctions, available support services and interim measures, and other rights under applicable institutional policies. For the purposes of this provision sufficient details include the identities of the parties involved, if known, the conduct allegedly constituting Sexual Misconduct, and the date and location of the alleged incident, if known. This information will be supplemented as necessary with relevant evidence collected during the investigation. The notice should also include the identity of any investigator(s) involved. Notice should be provided via institution email to the party’s institution email.
         2. Upon receipt of the written notice, the parties shall have at least three open campus days to respond in writing. In that response, the Respondent shall have the right to admit or deny the allegations, and to set forth a defense with facts, witnesses, and supporting materials. A Complainant shall have the right to respond to and supplement the notice. Throughout the Sexual Misconduct process the Complainant and the Respondent shall have the right to present witnesses and other inculpatory and exculpatory evidence.
         3. If the Respondent admits responsibility, the process may proceed to the sanctioning phase or may be informally resolved, if appropriate.
         4. An investigator shall conduct a thorough investigation and should retain written notes and/or obtain written or recorded statements from each interview. The investigator shall also keep a record of any party’s proffered witnesses not interviewed, along with a brief, written explanation of why the witnesses were not interviewed.
         5. An investigator shall not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the party’s treatment unless the party has provided voluntary written consent. This also applies to information protected by recognized legal privilege.
         6. The initial investigation report shall be provided to the Complainant, the Respondent, and a party’s advisor (if applicable). This report should fairly summarize the relevant evidence gathered during the investigation and clearly indicate any resulting charges or alternatively, a determination of no charges. For purposes of this Policy, a charge is not a finding of responsibility.
         7. The Complainant and the Respondent shall have at least 10 open campus days to review and respond in writing to the initial investigation report and directly related information gathered during the investigation. The investigator will review the Complainant’s and the Respondent’s written responses, if any, to determine whether further investigation or changes to the investigation report are necessary. The investigator will send a final investigative report to the Coordinator or designee within five open campus days unless the investigator requests an extension to continue a new line of investigation raised by one of the parties. The Coordinator or designee will review the report and release the Final Report to the Respondent and the Complainant.
         8. The final investigation report should be provided to the Complainant, the Respondent, and a party’s advisor, if applicable, at least 10 open campus days prior to the Hearing. The final investigation report should also be provided to the Hearing Officer and to all Hearing Panel members for consideration during the adjudication process.

VI. Resolution/Hearing

The Respondent and the Complainant, as parties to the matter, may have the option of selecting informal resolution as a possible resolution in certain cases where the parties agree, and it is deemed appropriate by the institution. Where a matter is not resolved through informal resolution a hearing shall be set. All Sexual Misconduct cases shall be heard by a panel of faculty and/or staff. All institutional participants in the Sexual Misconduct resolution process shall receive appropriate annual training as directed by the System Director or Coordinator or designee and required by the Clery Act and Title IX.

In no case shall a hearing to resolve a Sexual Misconduct allegation take place before the investigation report has been finalized. The investigator may testify as a witness regarding the investigation and findings but shall otherwise have no part in the hearing process and shall not attempt to otherwise influence the proceedings outside of providing testimony during the hearing. All directly related evidence shall be available at the hearing for the parties and their advisors to reference during the hearing.

Relevant facts or evidence that were not known or knowable to the parties prior to the issuance of the final investigative report shall be admissible during the hearing.  The College will determine how the facts or evidence will be introduced.  The admissibility of any facts or evidence known or knowable by the parties prior to the issuance of the final investigative report, and which were not submitted during the investigation, shall be determined by the College in compliance with the obligation to provide both parties an equal opportunity to present and respond to witnesses and other evidence.

Notice of the date, time, and location of the hearing as well as the selected hearing panel members shall be provided to the Complainant and the Respondent at least 10 open campus days prior to the hearing. Notice shall be provided via institution email to the parties’ official EGSC email. Parties may attend the hearing with their advisor.

Hearings shall be conducted in-person or via video conferencing technology. Where the College determines that a party or witness is unable to be present in person due to extenuating circumstances, the College may establish special procedures to permit that individual to provide testimony from a separate location. In doing so, the College must determine whether there is a valid basis for the individual’s unavailability, require that the individual properly sequester in a manner that ensures testimony has not been tainted, and make a determination that such arrangement will not unfairly disadvantage any party. Should it be reasonably believed that the individual presented tainted testimony, the hearing panel will disregard or discount the testimony. Parties may also request to provide testimony in a separate room from the opposing party, so long as no party is unfairly disadvantaged, and they have the opportunity to view the testimony remotely and submit follow-up questions.

At all times participants in the hearing process, including parties, a party’s advisor, and institution officials, are expected to act in a manner that promotes dignity and decorum throughout the hearing. Participants are expected to be respectful to others and follow procedural formalities outlined by this Policy and the institution. The College reserves the right to remove any participant from the hearing environment if the participant refuses to adhere to the institution’s established rules of decorum.

The College shall maintain documentation of the investigation and resolution process, which may include written findings of fact, transcripts, audio recordings, and/or video recordings. Any documentation shall be maintained for seven years.

Additionally, the following standards will apply to Title IX and Non-Title IX Sexual Misconduct hearings respectively:

1. 1. 1. 1. Title IX Hearings
            
            

            1. 1. Where a party or a witness is unavailable, unable, or otherwise unwilling to participate in the hearing, including being subject to cross-examination, the hearing panel shall not draw an adverse inference against the party or witness based solely on their absence from the hearing or refusal to subject to cross-examination.

               2. The parties shall have the right to present witnesses and evidence at the hearing.

               3. The parties shall have the right to confront any witness, including the other party, by having their advisor ask relevant questions directly to the witness. The Hearing Officer shall limit questions raised by the advisor when they are irrelevant to determining the veracity of the allegations against the Respondent(s). In any such event, the Hearing Officer shall err on the side of permitting all the raised questions and must document the reason for not permitting any particular questions to be raised.

               4. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, shall be deemed irrelevant, unless such questions and evidence are offered to prove that someone other than the Respondent committed the alleged conduct or consent between the parties during the alleged incident.

                   

               5. The hearing panel shall not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the party’s treatment unless the party has provided voluntary written consent. This also applies to information protected by recognized legal privilege.

                   

               6. Formal judicial rules of evidence do not apply to the resolution process and the standard of evidence shall be a preponderance of the evidence.

                   

               7. Following a hearing, the parties shall be simultaneously provided a written decision via institution email of the hearing outcome and any resulting sanctions or administrative actions within five open campus days of the panel’s decision. The decision must include the allegations, procedural steps taken through the investigation and resolution process, findings of facts supporting the determination(s), determination(s) regarding responsibility, and the evidence relied upon and rationale for any sanction or other administrative action. The institution shall also notify the parties of their right to appeal as outlined below.

         2. Non-Title IX Sexual Misconduct Hearings
            
            

            1. 1. The parties shall have the right to present witnesses and evidence at the hearing. Witness testimony, if provided, shall pertain to knowledge and facts directly associated with the case being heard.

               2. The parties shall have the right to confront any witnesses, including the other party, by submitting written questions to the Hearing Officer for consideration. If neither party objects, at the Hearing Officer’s discretion, each party may be allowed to ask questions of the witnesses and/or other party.

                   

               3. Advisors may actively assist in drafting questions. The Hearing Officer shall ask the questions as written and will limit questions only if they are irrelevant to determining the veracity of the allegations against the Respondent(s). In any such event, the Hearing Officer shall err on the side of asking all submitted questions and must document the reason for not asking any particular questions.

                   

               4. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, shall be deemed irrelevant, unless such questions and evidence are offered to prove that someone other than the Respondent committed the alleged conduct or consent between the parties during the alleged incident.

                   

               5. The hearing panel shall not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the party’s treatment unless the party has provided voluntary written consent. This also applies to information protected by recognized legal privilege.

                   

               6. Formal judicial rules of evidence do not apply to the resolution process and the standard of evidence shall be a preponderance of the evidence.

                   

               7. Following a hearing, the parties shall be simultaneously provided a written decision via institution email of the hearing outcome and any resulting sanctions or administrative actions within five open campus days of the panel’s decision. The decision must include the allegations, procedural steps taken through the investigation and resolution process, findings of facts supporting the determination(s), determination(s) regarding responsibility, and the evidence relied upon and rationale for any sanction or other administrative action. The institution shall also notify the parties of their right to appeal, as outlined below.

VII. Possible Sanctions

In determining the severity of sanctions or corrective actions the following should be considered: the frequency, severity, and/or nature of the offense; history of past conduct; an offender’s willingness to accept responsibility; previous institutional response to similar conduct; strength of the evidence; and the wellbeing of the EGSC community. The College will determine sanctions and issue notice of the same, as outlined above.

The broad range of sanctions includes: expulsion; suspension for an identified time frame or until satisfaction of certain conditions or both; temporary or permanent separation of the parties (e.g., change in classes, reassignment of residence, no contact orders, limiting geography of where parties can go on campus) with additional sanctions for violating no-contact orders; required participation in sensitivity training/awareness education programs; required participation in alcohol and other drug awareness and abuse prevention programs; counseling or mentoring; volunteering/community service; loss of institutional privileges; delays in obtaining administrative services and benefits from the institution (e.g., holding transcripts, delaying registration, graduation, diplomas); additional academic requirements relating to scholarly work or research; financial restitution; or any other discretionary sanctions directly related to the violation or conduct.

For suspension and expulsion, the College must articulate, in its written decision, the substantial evidence relied upon in determining that suspension or expulsion were appropriate. For purposes of this Policy substantial evidence means evidence that a reasonable person might accept to support the conclusion.

VIII. Appeals

Appeals may be allowed in any case where sanctions are issued, even when such sanctions are held “in abeyance,” such as probation or expulsion.  Where the sanction imposed includes a suspension or expulsion (even for one held in abeyance), the following appellate procedures must be provided. 

Within five business days of receiving the Notice of Determination from the decision maker (panel or single), either Party may appeal the decision by submitting a written letter of appeal to the EGSC appellate officers:

For Title IX case dismissals and emergency removals/interim suspensions:

Vice President for Academic & Student Affairs or designee
cwhelanFREEOMNIUPDATE
Provost’s Office
131 College Circle
Swainsboro, GA 30401

For all other appeals:

EGSC President or designee
presidentFREEOMNIUPDATE
Office of the President
131 College Circle
Swainsboro, GA 30401

The Title IX Coordinator or designee must be copied on appellate correspondence for compliance and record-keeping purposes.  Contact information is located on the EGSC Title IX Webpage

Either Party shall have the right to appeal an outcome on any of the following grounds:

1. 1. 1. 1. To consider new information sufficient to alter the decision, or other relevant facts not brought out in the original hearing, because such information was not known or knowable to the person appealing during the time of the hearing.
         2. To allege a procedural error within the process that may have substantially affected the fairness of the investigation, hearing, or other process, including but not limited to whether any hearing questions were improperly excluded or whether the decision was tainted by a conflict of interest or bias by the Title IX Coordinator, Conduct Officer, investigator(s), or decision-maker(s).
         3. To allege that the finding was inconsistent with the weight of the information.

The Party submitting the appeal must set forth, in writing and in detail, the grounds for the requested review and attach all materials that they wish to have considered in the appeals process.  EGSC will notify the non-appealing Party of the appeal, provide that Party with a copy of the appeal, and allow for an opportunity for the non-appealing party to respond in writing.  The non-appealing Party’s response must be submitted to EGSC within five business days of the date of Notification of Appeal.  If a response is submitted by the non-appealing Party, EGSC will provide copies of the original appeal and information submitted by the non-appealing Party to the Appellate Officer and the Parties.