12.0 MiscellaneousReviewed May 26, 2016
See Board of Regents Policy Manual Section 12.0.
Nondiscrimination and HarassmentPolicy Number: 12.1
Effective Date: February 1, 2018
Revision History: June 30, 2016
Policy Contact: Executive Director of the Office of Diversity and Equity Compliance
Purpose and Policy Statement
This policy provides information and guidance regarding nondiscrimination and harassment, the investigation of allegations related to discrimination and/or harassment on the basis of protected class and the consequences for discrimination or harassment on the basis of protected class for employees and students. Georgia Gwinnett College complies with University System of Georgia Board of Regents Policy 4.1.2 and federal law, which prohibits harassment of or discrimination against any person because of race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, gender expression, ethnicity or national origin, religion, creed, age, genetic information, disability, or veteran status by any member of the College Community (as defined below) on campus, in connections with a College program or activity, or in a manner that creates a hostile environment for any member of the College Community. Incidents of harassment and discrimination will be addressed by appropriate disciplinary action, up to and including dismissal or expulsion from the College.
The Office of Diversity and Equity Compliance has primary oversight in ensuring the College’s adherence to the equal opportunity, affirmative action, non-discrimination, harassment and related policies, and investigates complaints of alleged discrimination, harassment, prohibited amorous relationships, and violations against persons in the protected classes. Sexual misconduct, including all forms of sexual violence and sexual harassment, are addressed in Board of Regents Policy Manual Section 4.1.7 Sexual Misconduct.
Scope
All members of the College community (as defined below) are responsible for understanding and complying with this policy.
Definitions
ODEC or DEC: Office of Diversity and Equity Compliance
Complainant: An individual lodging a complaint. The complainant may not always be the alleged victim.
Respondent: Individual who is alleged to have engaged in conduct that violates this Policy.
Disability: Disability means, generally, (i) a physical or mental impairment that substantially limits one or more of an individual’s major life activities, (ii) a record of such impairment, or (iii) being regarding as having such impairment.
Discriminatory harassment: Unwelcome verbal or physical conduct based on race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, gender expression, ethnicity or national origin, religion, creed, age, genetic information, disability, or veteran status 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 or learning environment; or
- Unreasonably interfere with or limits one’s ability to participate in or benefit from an instructional program or activity.
Members of the College community: any persons employed by or affiliated with the College in any way and persons participating in any College program or activity, including, but not limited to:
- College faculty, staff, administrators, employees, independent contractors, vendors;
- College students;
- Volunteers and participants in any College program or activity; and
- Guests and visitors to campus, to any property owned or leased by the College, or to any property
Qualified individual: An individual who satisfies the requisite skill, experience, education, and other job-related requirements for the particular position he/she holds or desires and who is capable of performing the essential functions of that position, with or without reasonable accommodation for any disability.
Reasonable accommodations: In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.
There are three categories of “reasonable accommodations”:
(i) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
(ii) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
(iii) modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
Sexual harassment: Unwelcome verbal, nonverbal, or physical conduct, based on sex or gender stereotypes, that:
- Is implicitly or explicitly a term or condition of employment or status in a course, program, or activity;
- Is a basis for employment/educational decisions; or
- Has the purpose or effect of:
- Interfering with one’s work or educational performance;
- Creating an intimidating, hostile, or offensive working or learning environment; or
- Interfering with or limiting one’s ability to participate in or benefit from an institutional program or activity.
Sexual harassment can occur regardless of the relationship, position or respective sex, sexual orientation, or gender identity of the parties. Same-sex harassment violates this policy, as does harassment by a student towards a faculty member or a subordinate employee towards his/her supervisor. 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, due to disability, or 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
- Gender or sex-based comments, as well as, 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.
Sexual harassment includes domestic violence, dating violence and stalking as forms of sexual harassment.
Domestic (Intimate Partner) 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.
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. 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.
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or 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.
Additional definitions that the College applies when administering and enforcing the Sexual Misconduct Policy, including the definition of “consent,” and grievance procedures for matters implicating the College’s Title IX obligations can be found in Board of Regents Policy Manual Section 4.1.7 Sexual Misconduct.
Substantially limiting: A disability is substantially limiting if it substantially impairs the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not prevent or significantly or severely restrict the individual from performing a major life activity to be considered substantially limiting.
Roles and Responsibilities
Non-Discrimination/Anti-Harassment Officer, Title VI Coordinator and Title IX Coordinator: the Executive Director of the Office of Diversity and Equity Compliance (“DEC Executive Director”) serves as the Non-Discrimination/Anti-Harassment Officer, the College’s Title VI Coordinator, and the College’s Title IX Coordinator. The DEC Executive Director is the individual designated by the President with responsibility for providing education and training about prohibited discrimination and harassment to the College community and for receiving and overseeing the investigation of reports and complaints of discrimination and harassment in accordance with this policy.
Special Assistant /Deputy Title IX Coordinator: the Special Assistant shall serve as and assume the responsibilities of the Non-Discrimination/Anti-Harassment Officer, Title VI Coordinator, and the Title IX Coordinator, upon task delegation or case-specific designation by the DEC Executive Director.
Non-Discrimination/Anti-Harassment Investigator: the Non-Discrimination/Anti-Harassment Investigator shall be appointed to investigate individual complaints by the Non-Discrimination/Anti-Harassment Officer or his/her designee to conduct investigations pursuant to alleged violations of the Non-Discrimination/Anti-Harassment Policy.
Title IX Investigator: the Title IX Investigator shall be appointed by the Title IX Coordinator or his/her designee to conduct investigations on individual complaints of alleged violations of the Sexual Misconduct Policy.
Privileged employees: employees providing direct services to students working in one or more of the groups listed below are not required to report disclosures of harassment or discrimination to the Non-Discrimination/Anti-Harassment Officer/Title IX Coordinator. However, they still must comply with anonymous reporting requirements for Clery Act purposes and mandatory reporting under Georgia State Law. Note that the anonymous reporting requirement under the Clery Act does not apply to individuals who are pastoral or professional counselors (as defined in the Clery Act) when such individuals are acting as counselors within:
- Georgia Gwinnett College CAPS (Counseling and Psychological Services)
- Georgia Gwinnett College Health Services
Responsible employees: all employees who are not privileged employees who must promptly and fully report complaints of or information regarding sexual misconduct to the Title IX Coordinator. Responsible Employees include any administrator, supervisor, faculty member, or other person in a position of authority who is not a 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.). Responsible Employees are not required to report information disclosed at public awareness events (e.g., “Take Back the Night,” candlelight vigils, protests, “survivor speak-outs” or other public forums in which students may disclose incidents of prohibited conduct).
Handling of Non-Discrimination and Harassment Complaints That Do Not Involve Title IX
Confidentiality
The College will protect confidentiality by not disclosing the complainant’s information to anyone outside the College, except as required by law. Within the College, a complainant’s request for confidentially must be balanced with the College’s responsibility to provide a safe and non-discriminatory environment for the College community. Where the College cannot take administrative action against a respondent because of a complainant’s granted request for confidentiality, the College’s response will be limited however, the College will pursue other steps when available to limit the effects of the alleged misconduct and attempt to prevent its recurrence.
Conflict of Interest
If the complainant, respondent, or Office of Diversity and Equity Compliance representative asserts that a complaint presents an actual or apparent conflict of interest for the Office of Diversity and Equity Compliance, the complaint should be submitted or referred to the Office of the Chief of Staff to resolve the conflict of interest. An actual or apparent conflict of interest is a financial interest, relationship, or other circumstance that would lead a reasonable person to doubt the objectivity of the DEC representative. If the Office of the Chief of Staff determines there is no actual or apparent conflict of interest for the Office of Diversity and Equity Compliance, the Office of Diversity and Equity Compliance shall conduct the inquiry into the complaint.
However, if the Office of the Chief of Staff determines that an actual or apparent conflict of interest exists for the Office of Diversity and Equity Compliance, then the Office of the Chief of Staff, in consultation with the Office of Legal Affairs, shall appoint an independent individual with appropriate experience and training to conduct the inquiry into the complaint.
Duty to Cooperate During Investigations
This policy statement is hereby incorporated to ensure that the employees and students of Georgia Gwinnett College are informed of their responsibility to participate in investigative activities. An employee/student of Georgia Gwinnett College shall cooperate to the fullest extent possible in any internal investigation conducted by the College or the Board of Regents thereof when directed to do so by persons who have been given investigative authority by the President of the institution, or his/her designee. Failure to cooperate fully shall be grounds for adverse personnel or enrollment actions, including but not limited to job termination, suspension, or dismissal from the College. Further, a student may be subject to adverse enrollment actions under this Policy without the need of further Office of Student Integrity/Student Conduct action.
False Claims and Statements
Falsification of claims, false statements, and false allegations against members of the campus community, in furtherance of these policies or other GGC or USG policies is prohibited, and may lead to disciplinary actions, including but not limited to employment dismissal or enrollment suspension/dismissal from the College.
Freedom of Expression
The rights guaranteed by the First Amendment, including the right to free speech, free expression, free exercise of religion, and the right to assemble peaceably are of the utmost importance, and Georgia Gwinnett College is committed to protecting those rights. However, to the extent that a member of the college community’s approach to exercising these rights creates a discriminatory or harassing environment on the basis of a protected class, the Office of Diversity and Equity Compliance will investigate all allegations pursuant this policy.
Right to Discontinue
If at any time during the Complaint review, investigation, or mediation process, the Investigator or Investigative Panel determine a Complaint is invalid, untrue, or filed for reasons not covered under these EEO policies, the Non-Discrimination/Harassment Investigator or investigative panel may discontinue the Complaint review and make a recommendation to the President based on the record or the President’s designee.
Standard of Review
Investigative findings under this policy will be made using the preponderance of the evidence standard (i.e., “more likely than not”). Any decision to suspend or to expel a student, or to suspend or terminate an employee, must also be supported by substantial evidence.
Interim Protective Measures
The DEC Executive Director or his/her designee may impose interim protective measures before the final resolution of an investigation to ensure equal access to the College’s education programs and activities or if failure to take the interim measures would constitute an immediate threat to the safety and well-being of the complainant/victim or other members of the College Community. Before any such measures are instituted, however, the DEC Executive Director should, where practicable, provide the respondent with the initial opportunity to respond to the allegations and to the imposition of any interim protective measures.
These interim measures may include but are not limited to:
- Change of College housing assignment;
- Issuance of a “no contact” directive;
- Restrictions or bars to entering certain College property;
- Changes to academic or employment arrangements, schedules or supervision;
- Interim suspension; and/or
- Other measures designed to promote the safety and well-being of the parties and the College Community.
If an interim suspension is issued, the terms of the suspension take effect immediately. When requested by the respondent, a hearing with the DEC Executive Director to determine whether the intermediate suspension should continue will be held within three (3) business days of the request.
Initiating an Investigation
As part of any investigative process, the Executive Director or designee will:
- Provide a copy of this policy to the complainant;
- Determine whether the complaint is one that falls under the policy; if not, refer to the appropriate College or off-campus resource;
- Notify the respondent of the complaint brought against him/her in writing and provide a copy of this policy; and
- Inform all the parties of this policy’s non-retaliation provision.
Informal Process (Mediation)
The informal process is an opportunity to bring resolution to a complaint through awareness, education, and/or a facilitated discussion. An informal resolution may be appropriate if the complainant, or alleged victim when not the complainant, respondent, and DEC Executive Director or his/her designee all agree.
During an informal process, fact-finding occurs to the extent necessary to resolve the conflict and protect the interest of the parties and the College Community, but the DEC Executive Director or his/her designee does not make a determination of whether the policy has been violated. The complainant or respondent always has the option to end the informal process and request a formal process.
Informal resolution may include, but are not limited to:
- Training;
- Changes to work or academic arrangements;
- Housing reassignment;
- Informal discussion with person whose conduct, if not stopped, could rise to the level of discrimination or harassment;
- Advisory discussion with the respondent’s supervision, professor or advisor; and
- “No contact” directive to one or more of the parties.
Formal Process
All complaints that are not resolved through the informal process or to which the informal process does not apply are resolved through a formal process involving a full investigation conducted by the DEC Executive Director or his/her designee. The DEC Executive Director also reserves the right to appoint an investigator and/or investigative panel to resolve formal complaints. The decision to appoint either a single investigator or an investigative panel is based on a variety of factors and determined on a case-by-case basis.
In discrimination and harassment cases that do not involve Title IX the Non-Discrimination/Harassment Investigator or investigative panel will serve as the fact-finder and will have the authority to make recommendations, but only the President or the President’s designee, the Senior Vice President for Academic and Student Affairs and Provost (SVPASAP) shall have the authority to initiate or implement final disciplinary action. The SVPASAP shall make a determination, and within a reasonable time after receiving the finalized investigative report will provide written notification to the complainant and respondent of the investigative determination and the right to appeal.
As part of the formal process, the investigator/investigative panel will:
- Inform complainant, alleged victim (if different from the complainant), and respondent of their right to be interviewed and provide evidence;
- Obtain information and evidence, including the identity of any witnesses, from the complainant, alleged victim, and the respondent;
- Attempt to obtain information from the identified witnesses;
- Ask relevant questions, submitted by parties, to any witness or party;
- Collect and maintain appropriate documentation of the investigation;
- Disclose appropriate information to others only on a need-to-know basis consistent with state and federal law;
- Keep the appropriate supervisors/administrators/faculty informed of the status of the complaint and investigation, and seek input from them as appropriate when implementing any resolution or discipline; and
- Provide the complainant, alleged victim, and the respondent the opportunity to review the evidence collected are respond to that evidence.
The respondent may choose to remain silent during the investigation. If the respondent chooses to remain silent without providing a verbal or written response to the allegations, the investigation will consider the absence of a response as a general denial of the alleged misconduct. The investigation will proceed and a policy violation may be found against the respondent if supported by a preponderance of the evidence.
The interviews and exchange of information, including the opportunity to respond to evidence, through the investigator constitute the investigative process.
At the completion of the investigative process, the investigator will prepare a report of findings, which will be shared with the parties. The parties will have at least three (3) business days to submit a written response to the report. The investigator will respond to any additional information provided in the responses by continuing the investigation, making any modification to the investigation report as appropriate, or finalizing the report of findings with recommendations.
Once finalized, the investigative report will be provided to the Senior Vice President of Academic and Student Affairs and Provost to initiate or implement final disciplinary action via an investigative determination written notice to the complainant and respondent.
Resolution
The amount of time needed to conduct an investigation will depend in part on the nature of the allegation(s) and the evidence to be investigated (e.g., the scope of the allegations, the time period and number of events implicated by or relevant to the complaint, the number or availability of witnesses involved and the volume of documents). Within sixty (60) calendar days of receipt of the complaint, the DEC Executive Director, SVPASAP, or their designee will provide notice of the outcome of the investigation or will advise the parties of the additional estimated amount of time needed for the investigation.
Upon conclusion, the DEC Executive Director or SVPASAP, will notify the complainant, respondent, and College officials, as appropriate, to determine and enforce any remedial actions, discipline, or sanctions, and to prepare for any appeals. DEC will follow up, as appropriate, to enforce any remedial actions and determine their effectiveness. Complainants are encouraged to report any reoccurrences of conduct that were found to violate this policy, as well as to report any retaliation for the complaint or related investigation. Remedial and preventative measures may be imposed by DEC even in the absence of a violation of policy if conduct is found to occur that may, if not addressed, rise to the level of a violation. Any unprofessional conduct or inappropriate behavior found during the course of the investigation that is not covered by the policy will be referred to the respective department or Human Resources for review.
Remedies
Where discrimination or harassment in violation of this policy is determined to have occurred; the College will take timely action to remedy the effects. Potential remedies for the complainant or victim include, but are not limited to:
- Extensions of time to re-do or complete academic work without academic or financial penalty;
- Changes to academic or employment arrangements, schedules, or supervision that minimize the burden on the complainant or victim;
- Provision of, or referral to, medical, counseling, and academic support services;
- Change of College housing assignment;
- Training/retraining on this policy and other relevant topics for individuals or groups implicated in discrimination or harassment;
- “No contact” directives; and
- Other measures designed to redress negative impact of discrimination and harassment.
Sanctions
If a violation of this policy is found, the level of discipline and type or scope of sanctions will depend on the severity and nature of the discrimination or harassment, the weight of the evidence, and the need to maintain a safe and respectful environment. DEC will also consider any history of past discriminatory, harassing behaviors, retaliatory conduct, the respondent’s willingness to accept responsibility, and previous institutional response to similar conduct. Available sanctions include, but are not limited to:
- Mandatory training or counseling;
- “No Contact” directives;
- Restriction or bar from entering certain College property or attending College events;
- Housing reassignments;
- Community services;
- Written warnings;
- Transcript notations;
- Probation;
- Suspension; and
- Expulsion or termination.
Right to Appeal
All parties shall have the right to appeal the outcome of the formal process to the College President pursuant to this policy. The President must receive a written appeal within ten (10) business days after the receipt of the written notification of the institutional decision being appealed. The appeal must be based on one of the following factors:
- To consider new information, sufficient to alter the decision, or other relevant facts not brought out in the original investigation, because such information was not known or knowable to the person appealing during the time of the investigation;
- To allege a procedural error within the investigation process that may have substantially impacted the fairness of the investigation, including but not limited to whether any investigation questions were improperly excluded or whether the decision was tainted by bias; and/or
- To allege that the finding was inconsistent with the weight of the information.
The President’s office will notify the non-appealing party of the appeal and provide that party an opportunity to respond in writing. The President or his/her designee may receive additional information if he/she believes such information would aid in the appeal.
The President may:
- Affirm the original finding and sanction;
- Affirm the original finding, but issue a new sanction of greater or lesser severity;
- Remand the case back to the Office of Diversity and Equity Compliance to correct a procedural or factual defect; or
- Reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand.
A decision by the President or his/her designee will be made within a reasonable time and the DEC Executive Director, the complainant, the respondent, and alleged victim if the complaining party is not the alleged victim will be notified in writing of the decision on the appeal. During the time of the appeal and review, disciplinary action or actions or remedial/preventative measures, if any, taken because of the original complaint may be implemented and enforced. Upon request of the appealing party, the President may, at his or her discretion, suspend the imposition of the disciplinary action, sanction, or remedial/preventative measures while the appeal is pending.
If an appeal is not filed within the appeal period, the findings become final and are not subject to any review.
Prohibition against Retaliation
Retaliation is prohibited by the Georgia Gwinnett College’s Non-Discrimination and Anti-Harassment 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, creed, age, genetic information, disability, or veteran status),
- Participated or cooperated in any Diversity and Equity Compliance investigation, or
- Was otherwise associated with any Diversity and Equity Compliance 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 workplace 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 College will not tolerate retaliation. Any College community member found to have engaged in retaliation in violation of the Non-Discrimination and Harassment Policy will be subject to disciplinary action under the Policy.
If you have knowledge of or believe you have experienced retaliation, please contact the Office of Diversity and Equity Compliance at 678-407-5085 or titleIX@ggc.edu.
Resources
College and Community Support Services:
- Georgia Gwinnett College Title IX Coordinator: 678-407-5085 or TitleIX@ggc.edu
Individual Support, Consultation, and Referral Services:
- Georgia Gwinnett College Office of Counseling and Psychological Services (CAPS): 678-407-5592
- Gwinnett Sexual Assault Center (GSAC): 770-476-7407 (crisis hotline) Health & Medical Services:
- Gwinnett Medical Center (Lawrenceville): 678-312-1000
- Gwinnett Women’s Pavilion: 678-312-4790
- Lawrenceville Health Center: 770-339-4283
Related Regulations, Statutes, Policies, and Procedures
Federal Laws
The Equal Pay Act of 1963 (EPA)
Title VI of the Civil Rights Act of 1964 (Title VI)
Title VII of the Civil Rights Act of 1964 (Title VII)
Executive Order 11246 issued in 1965 (as amended by 11375)
The Age Discrimination Act of 1967 (ADEA)
Title IX of the Educational Amendments of 1972 (Title IX)
Section 501 of the Rehabilitation Act of 1973 (Section 501)
Section 503 of the Rehabilitation Act of 1973
Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)
The Pregnancy Discrimination Act of 1978
Title I of the American with Disabilities Act of 1990 (ADA)
Genetic Information Nondiscrimination Act of 2008 (GINA)
The Lilly Ledbetter Fair Pay Act of 2009
University System of Georgia Policies
Board of Regents Policy Manual 8.2.23 Amorous Relationships
Board of Regents Policy Manual 8.2.1 Equal Employment Opportunity
Board of Regents Policy Manual 4.1.2 Non-Discrimination
Board of Regents Policy Manual 8.2.16 Sexual Harassment
Board of Regents Policy Manual 4.1.7 Sexual Misconduct
Equal Opportunity and Affirmative ActionPolicy Number: 12.2
Effective Date: February 1, 2018
Revision History: June 30, 2016
Policy Contact: Executive Director of the Office of Diversity and Equity Compliance
Purpose and Policy Statement
This policy provides information regarding equal opportunity and affirmative action. Georgia Gwinnett College complies with University System of Georgia Board of Regents Policy 8.1.2 Equal Opportunity and federal law, which prohibits discrimination or harassment of employees or applicants on the basis of sex, gender identity, sexual orientation, race, color, religion, creed, national origin, age, physical or mental disability, protected veteran status, or any other characteristic protected by law with regard to any employment practices, including recruiting, advertising, job application processing, hiring, upgrading, training, promoting, transferring, compensating, assigning job responsibilities, providing benefits, and/or other terms, conditions, or privileges of employment, provided the individual is qualified, with or without reasonable accommodations, to perform the essential functions of the job. This policy applies to all jobs at the College. The College will continue to ensure that individuals are employed, and that employees are treated without regard to their sex, gender identity, sexual orientation, race, color, religion, creed, national origin, age, physical or mental disability, protected veteran status, or any other characteristic protected by law during employment, in all employment practices as follows:
Employment decisions at the College are based on legitimate job-related criteria. All personnel actions or programs that affect qualified individuals, such as employment, upgrading, demotion, transfer, recruitment, advertising, termination, rate of pay or other forms of compensation, and selection for training, are made without discrimination. Employees may choose to voluntarily disclose their sex, race, national origin, disability and protected veteran status at any time by contacting Human Resources. Such information will be maintained in a confidential manner and will not be used against an individual when making any employment decisions. Employees with disabilities and disabled veterans are encouraged to inform the Office of Payroll and Benefits if they need reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee to promote the employment of qualified individuals with disabilities and disabled veterans, unless such accommodations would impose an undue hardship on the College’s business operations. Applicants seeking employment with the College should contact the Office of Human Resources to request reasonable accommodations.
The College’s affirmative action program and related policies were developed in accordance with Executive Orders 11246 and 11375, as amended; Title VI and VII of the Civil Rights Act of 1964; the Age Discrimination Act of 1967; Title IX of the Education Amendments of 1972; the Rehabilitation Act of 1973 (Sections 503 & 504); the Vietnam Era Veterans Readjustment Assistance Act of 1974, as it amends 38 U.S.C. 4212; the Americans with Disabilities Act of 1990 (Title II) and their implementing regulations.
Scope
All members of the College community (as defined below) are responsible for understanding and complying with this policy.
Definitions
Members of the College community: any persons employed by or affiliated with the College in any way and persons participating in any College program or activity, including, but not limited to:
- College faculty, staff, administrators, employees, independent contractors, vendors;
- College students;
- Volunteers and participants in any College program or activity; and
- Guests and visitors to campus, to any property owned or leased by the College, or to any property
ODEC or DEC: Office of Diversity and Equity Compliance
Roles and Responsibilities
Non-discrimination/Anti-Harassment Officer, Title VI Coordinator and Title IX Coordinator: the Executive Director of the Office of Diversity and Equity Compliance (“DEC Executive Director”) serves as the Non-Discrimination/Anti-Harassment Officer, the College’s Title VI Coordinator, and the College’s Title IX Coordinator. The DEC Executive Director is the individual designated by the President with responsibility for providing education and training about prohibited discrimination and harassment to the College community and for receiving and overseeing the investigation of reports and complaints of discrimination and harassment in accordance with this policy.
Special Assistant Office of Diversity and Equity Compliance: the Special Assistant shall serve as and assume the responsibilities of the Non-Discrimination/Anti-Harassment Officer, Title VI Coordinator, and the Title IX Coordinator, upon task delegation or case-specific designation by the DEC Executive Director.
Related Regulations, Statutes, Policies, and Procedures
Federal Laws
The Equal Pay Act of 1963 (EPA)
Title VI of the Civil Rights Act of 1964 (Title VI)
Title VII of the Civil Rights Act of 1964 (Title VII)
Executive Order 11246 issued in 1965 (as amended by 11375)
The Age Discrimination Act of 1967 (ADEA)
Title IX of the Educational Amendments of 1972 (Title IX)
Section 501 of the Rehabilitation Act of 1973 (Section 501)
Section 503 of the Rehabilitation Act of 1973
Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)
The Pregnancy Discrimination Act of 1978
Title I of the American with Disabilities Act of 1990 (ADA)
Genetic Information Nondiscrimination Act of 2008 (GINA)
The Lilly Ledbetter Fair Pay Act of 2009
University System of Georgia Policies
Board of Regents Policy Manual 8.2.1 Equal Employment Opportunity
Board of Regents Policy Manual 4.1.2 Non-Discrimination
Board of Regents Policy Manual 8.2.16 Sexual Harassment
Board of Regents Policy Manual 4.1.7 Sexual Misconduct
Americans with Disabilities Act and Requests for Reasonable AccommodationsPolicy Number: 12.3
Effective Date: February 1, 2018
Revision History: June 30, 2016
Policy Contact: Director of Payroll and Benefits and Executive Director of the Office of Diversity and Equity Compliance
Purpose and Policy Statement
This policy provides information and guidance regarding the Americans with Disabilities Act and discusses how individuals seeking a reasonable accommodation pursuant to the ADA may request an accommodation. Georgia Gwinnett College complies with University System of Georgia Board of Regents Policy and federal law, which provides that the College provides reasonable accommodations to employees who are disabled. Accordingly, Georgia Gwinnett College has made and will continue to make reasonable accommodations, which do not impose undue hardships on its business, to the known physical and mental limitations of otherwise qualified employees and job applicants.
The College reserves the right to require documentation for accommodations requests from:
(1) current and prospective students;
(2) student participants in co-curricular activities;
(3) patrons and visitors to College-sponsored events;
(4) registered participants in College-sponsored training sessions, programs, conferences, and workshops;
(5) persons using the services of the Testing Center;
(6) classified, faculty, or other job applicants and employees;
(7) authorized users of campus facilities; and
(8) other persons requesting accommodations under the ADA.
If an individual has a disability, the College encourages the individual to disclose (i) any special methods, skills, and procedures which qualify him or her for positions which he or she might not otherwise be able to do, so that he or she can be considered for any position of the kind, and (ii) the reasonable accommodations which would enable the individual to perform the job properly and safely. Such accommodations may include special equipment, changes in the physical layout of the job, elimination of certain nonessential duties related to the job, or other reasonable accommodations.
Scope
All members of the College community (as defined below) are responsible for understanding and complying with this policy.
Definitions
Disability: Disability means, generally, (i) a physical or mental impairment that substantially limits one or more of an individual’s major life activities, (ii) a record of such impairment, or (iii) being regarding as having such impairment.
Members of the College community: any persons employed by or affiliated with the College in any way and persons participating in any College program or activity, including, but not limited to:
- College faculty, staff, administrators, employees, independent contractors, vendors;
- College students;
- Volunteers and participants in any College program or activity; and
- Guests and visitors to campus, to any property owned or leased by the College, or to any property
Qualified individual: An individual who satisfies the requisite skill, experience, education, and other job-related requirements for the particular position he/she holds or desires and who is capable of performing the essential functions of that position, with or without reasonable accommodation for any disability.
Reasonable accommodations: In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”
There are three categories of “reasonable accommodations”:
(i) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
(ii) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
(iii) modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
Substantially limiting: A disability is substantially limiting if it substantially impairs the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict the individual from performing, a major life activity to be considered substantially limiting.
Compliance
Individuals interested in submitting a request for an accommodation should contact the appropriate Georgia Gwinnett College administrative offices below for guidance. Individuals seeking accommodations may be required to provide supporting documentation.
- Employment Applicant Accommodations - Upon request made to the Office of Human Resources persons applying for positions as employees at Georgia Gwinnett College will be provided reasonable accommodations in completing the application and/or interview process.
- Current Employee Accommodations - Employees seeking accommodations should contact the Office of Payroll and Benefits. Employees may request that any decision to deny a request for reasonable accommodation be informally reviewed. To request reconsideration, employees should submit a written request to the Office of Payroll and Benefits within 10 business days of the initial decision. The request should explain the reasons the employee believes the request should be granted.
- Student Accommodations - Students requiring accommodation due to a disability should contact the Office of Disability Services for assistance.
- Testing Accommodations - Persons wishing to take GGC academic examinations administered by the Georgia Gwinnett College Testing Center should request specific accommodation through Disability Services or the Testing Center.
- Visitor Accommodations - Visitors to College-sponsored events or registered participants in College-sponsored, fee-related events (e.g., training sessions, programs, conferences, and workshops) should contact the sponsor of the event for assistance in arranging accommodation.
Individuals who believe they were denied a reasonable accommodation on the basis of their protected class status, should contact the Office of Diversity and Equity Compliance to file a complaint. The Executive Director of the Office of Diversity and Equity Compliance may be reached at 678-407-5085.
Related Regulations, Statutes, Policies, and Procedures
Federal Laws
Executive Order 11246 Equal Employment Opportunity issued in 1965 (as amended by 11375)
Section 501 of the Rehabilitation Act of 1973
Section 503 of the Rehabilitation Act of 1973
Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)
The Pregnancy Discrimination Act of 1978
Title I of the American with Disabilities Act of 1990 (ADA)
University System of Georgia Policies
Board of Regents Policy Manual 8.2.1 Equal Employment Opportunity
Board of Regents Policy Manual 4.1.2 Non-Discrimination
12.4 Interment of Persons On CampusReviewed May 26, 2016
See Board of Regents Policy Manual Section 12.4.
12.8 Campus Security and PoliceReviewed May 26, 2016
See Board of Regents Policy Manual Section 12.8.
12.8.1 Institution Police Departments
Reviewed May 26, 2016
See Board of Regents Policy Manual Section 12.8.
12.8.2 USG Chief of Police
Reviewed May 26, 2016
See Board of Regents Policy Manual Section 12.8.
12.8.3 Chief of Police Certification Requirements
Reviewed May 26, 2016
See Board of Regents Policy Manual Section 12.8.
12.8.4 Chief of Police Reporting Requirements
Reviewed May 26, 2016
See Board of Regents Policy Manual Section 12.8.
12.8.5 Personnel Actions: Chief of Police
Reviewed May 26, 2016
See Board of Regents Policy Manual Section 12.8.
12.8.6 Notification Requirements
Reviewed May 26, 2016
See Board of Regents Policy Manual Section 12.8.
12.8.7 Police Department Assessment Program
Reviewed May 26, 2016
See Board of Regents Policy Manual Section 12.8.
Protection of Non-Student MinorsPolicy Number: 12.9
Effective Date: May 1, 2017
Revision History: January 20, 2017
Policy Contact: Director of Operations
Purpose and Policy Statement
Georgia Gwinnett College is committed to the safety and well-being of all members of our community, including minor children. This policy establishes requirements for College faculty, staff, students, and volunteers who work or interact with individuals under 18 years of age in College-affiliated or approved programs or activities on campus. This policy also establishes requirements for non-College organizations and entities that operate programs or activities involving minors on campus. Non-GGC programs are required to be solely responsible for enforcing GGC rules. Failure to do so will result in stiff penalties, including forfeiture of funds and removal of the program from campus at the sole discretion of GGC.
Scope
This policy applies broadly to interactions with minors in all College-run or -approved programs or activities, either on the GGC campus or at GGC-sponsored programs at other locations. All non-College groups and all GGC students, faculty, staff, and volunteers who approve or participate in programs or activities involving minors are responsible for understanding and complying with this policy. The effective date of this policy is May 1, 2017.
This policy does not replace or supplement the following policies that pertain to minors visiting campus in different capacities or GGC faculty, staff, students, or volunteers who work with minors off-campus:
Administrative Policy Manual 3.15 Classroom Visitors
Administrative Policy Manual 8.2.15.51 Georgia Gwinnett College Structured Volunteer Policy
Administrative Policy Manual 8.2.96 Visitors While at Work
Administrative Policy Manual 9.51 Georgia Gwinnett College Library Facility Use
Definitions
Minor: A person under the age of 18 who is not enrolled at the College, or who is not considered to be “dually enrolled” in College programs while also enrolled in elementary, middle and/or high school; also referred to as a “participant” in this policy.
College Housing: Facilities providing student living quarters that are owned by, or under the control of, the College.
Authorized Program: A program, activity, or service operated or sponsored by academic or administrative units of the College, or by non-College groups using College facilities (subject to Board of Regents Policy Manual Sections 9.10.6.2 Use of Facilities/Property by Affiliated Organizations and 9.10.6.3 Use of Facilities/Property by Unaffiliated Outside Parties), during which agents, employees or volunteers are responsible for the care, custody, or control of participating minors, rather than their parents or guardians. For purposes of this policy, Programs do not include:
- Events that are open to the general public and that minors may attend at the sole discretion of their parents or guardians
- Field trips or events in which minors come to campus under the supervision of their school staff
- Institutional Review Board (“IRB”) supervised research activities
- Move On When Ready (“MOWR”) students or enrolled GGC students under the age of 18
Sponsoring Unit: The academic or administrative unit of the College that offers a program or gives approval for housing or use of facilities pursuant to Board of Regents Policy Manual Sections 9.10.6.2 Use of Facilities/Property by Affiliated Organizations and 9.10.6.3 Use of Facilities/Property by Unaffiliated Outside Parties.
Non-College Group: A non-College group not associated with GGC that seeks approval for use of College facilities pursuant to 9.10.6.3 Use of Facilities/Property by Unaffiliated Outside Parties for the purpose of providing a program or activity that involves minor participants.
Authorized Adult: Individual who is at least 18 years of age, paid or unpaid, who interacts with, supervises, chaperones, or otherwise oversees minors in program activities, or recreational, and/or residential facilities. This includes but is not limited to faculty, staff, volunteers, GGC students, interns, employees of temporary employment agencies, and independent contractors/consultants. The Authorized Adults’ roles may include but are not limited to positions as counselors, chaperones, coaches, instructors, etc. Authorized Adults are considered to be mandatory reporters under Georgia law.
Child Abuse: Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; neglect or exploitation of a child by a parent or caretaker thereof; sexual abuse of a child; or sexual exploitation of a child.
College Facilities: Buildings, structures and improvements of all types, outdoor areas, campus grounds, and athletic venues owned or leased by Georgia Gwinnett College.
Mandatory Reporter: A person who is required by Georgia law to report suspected child abuse to the appropriate authorities. Mandatory Reporters include but are not limited to faculty/teachers, administrators, counselors, social workers, psychologists, law enforcement personnel, and other persons who participate in providing care, treatment, education, training, supervision, coaching, counseling, recreational programs or shelter to minors. Mandatory Reporters whose communications would otherwise be legally privileged are generally required under Georgia law to report suspected child abuse.
Program Administrator: The person(s) who has primary and direct operational responsibility for managing an Authorized Program.
Direct Contact: Positions with the possibility of care, supervision, guidance or control of minors and/or routine interaction with minors.
One-On-One Contact: Personal, unsupervised interaction between any Authorized Adult and a participant without at least one other Authorized Adult, parent or legal guardian being present.
Registration of Programs
Any individual or group who plans to create a program in which minors will participate must register the event by contacting the Director of Operations at least 45 days before the date(s) of the program. The Director of Operations (678.407.5414, spacemgt@ggc.edu) will maintain a listing of all programs involving minors, educate program administrators about GGC requirements, including all relevant GGC and state policies, manage any contracts associated with programs, and hold approval authority for all proposed programs.
Parental Notification
Non-College groups will establish a procedure for the notification of the minor’s parent/legal guardian in case of an emergency, including medical or behavioral problem, natural disasters, or other significant program disruptions. Sponsoring units will follow established GGC procedures on parental notification for events and activities involving minors. Authorized Adults with the program, as well as participants and their parents/legal guardians, must be advised of this procedure in writing prior to the participation of the minors in the program.
Campus Emergency Notification
In the event of a campus emergency, such as severe weather or security concern, the Director of Operations or a designee will make a good faith effort to notify the program administrator of the concern. Program staff are responsible for listening for and complying with campus security sirens and warnings. Program staff are also responsible for monitoring for the possibility of severe weather and making decisions about program operations accordingly.
Program Participant List
Providing units or non-College groups will provide a list of all program participants and a directory of program staff to the Director of Operations. This list will include at least participants’ names, local room assignments (if applicable), gender, age, addresses, and phone number(s) of parents or legal guardians, as well as emergency contact information.
Participant Contact
Sponsoring units or non-College groups will provide information to parents or legal guardians detailing the manner in which the participant can be contacted during the program. Information must also be collected about who may pick up or obtain information about the participant, including any safety concerns or restraining orders. Any individual authorized to pick up a participant must show identification before the participant will be released to her/him.
Medical Treatment Authorization Form
Sponsoring units or non-College groups will provide a copy of a Medical Treatment Authorization form for each participant. All Medical Treatment Forms must include the following:
- A statement informing the parent/legal guardian that the College does not provide medical care through GGC Health Services or medical insurance to cover medical care for the minor.
- Authorization for emergency medical treatment and emergency medical transportation.
- An opportunity for a participant or parent to list any physical, mental or medical conditions the minor may have, including any allergies that could impact his/her participation in the program or medications that the minor may be taking.
- At least two emergency contacts with information including name, address and phone number.
Participant Medication
Participants’ medicines may be distributed by program staff, under the following conditions:
- The participant’s family provides the medicine in its original pharmacy container labeled with the participant’s name, medicine name, dosage and timing of consumption. Over-the-counter medications must be provided in their manufacturers’ container.
- The program staff member will allow the participant to self-administer the appropriate dose as shown on the container under supervision of the staff member.
- Any non-emergency medicine must be stored and administered by a licensed healthcare professional. Sponsoring units or non-College groups must make arrangements with a health care professional in advance of the participant’s arrival. Georgia Gwinnett College Health Services does not provide medication storage or administration to program participants.
- Personal Epinephrine Auto-Injectors (EpiPen™) and inhalers may be carried by the participant during activities.
Emergency Medical Services
Sponsoring units or non-College groups will plan for access emergency medical services at all locations. Medical care appropriate for the nature of the events, expected attendance and other variables should be considered.
Laboratory and Research Safety
Sponsoring units or non-College groups will follow appropriate safety measures approved by the Office of Environmental Health and Safety for laboratory and research work, which can be found here.
Assessing Age Appropriateness
Sponsoring units or non-College groups will assess the age-appropriateness of all facilities that will be used during activity(ies). When participants are minors under eight (8) years of age, special consideration should be given to facility size (e.g., whether young children can reach handrails on stairs or use toilet facilities that are designed for adults) and to child safety recommendations (e.g., eliminating access to cords on window blinds, which are a strangulation hazard).
Accommodating Transgender Participants
Georgia Gwinnett College staff are available to advise providing units and non-College groups on accommodating transgender/gender non-conforming program participants or Authorized Adults. Requests for assistance should be directed to the Director of Residence Life.
Adequate Supervision
Providing units or non-College groups will ensure adequate supervision of minors while they are on College property. All activities involving minors must be supervised by at least two or more Authorized Adults or by their parent(s) or legal guardian(s) at all times. No one-on-one supervision is allowed. No group will ever be supervised by a single Authorized Adult. Some of the factors to consider in determining “adequate supervision” are the number and age of participants, the activity(ies) involved, type of housing if applicable, and age and experience of the counselors. See also, item 12.9.17 below.
- When there are high school students, including prospective athletes, participating in pre-enrollment visitation, the requirement for two Authorized Adults will be waived.
- All supervised participants in a College program or a program taking place on College property are permitted in the general use facilities (e.g. athletic fields, public spaces, academic buildings) but may be restricted from certain areas of the facilities (e.g. storage rooms, equipment rooms, athletic training rooms, staff/ faculty offices) or from utilizing certain equipment.
Rules and Discipline Measures
Sponsoring units or non-College groups will develop and make available to participants the rules and discipline measures applicable to the program. Program participants and staff must abide by all College regulations, including the GGC’s Non-Discrimination and Harassment policy, which can be found in the Administrative Policy Manual 4.1.2. Program participants and staff may be removed from the program for non-compliance with regulations and rules. The following must be included in program rules and will be enforced by the unit/program:
- The possession or use of alcohol and other drugs, fireworks, guns, and other weapons is prohibited.
- The parking of staff and participant vehicles must be in accordance with College parking regulations.
- Rules and procedures governing when and under what circumstances participants may leave College property during the program.
- No violence, including sexual abuse or harassment, will be tolerated.
- Hazing of any kind is prohibited. Bullying, including verbal, physical, and cyber bullying are prohibited.
- No use of tobacco products will be tolerated. All tobacco and e-cigarette use is prohibited on campus, both indoors and outdoors.
- Misuse or damage of College property is prohibited. Charges will be assessed against those participants who are responsible for damage or misusing College property.
- The inappropriate use of cameras, imaging, and digital devices is prohibited including use of such devices in showers, restrooms, or other areas where privacy is expected by participants.
Media Releases
Sponsoring units or non-College groups will obtain all media and liability releases as part of the program registration process. All data gathered is subject to records retention guidelines, and will not be disclosed, except as provided by law.
Age of Camp Staff
Sponsoring units or non-College groups will assign at least one staff member who is at least 21 years of age to be accessible to participants. The staff member(s) must reside in the housing unit, if applicable. Additional Authorized Adults will be assigned to ensure one-on-one contact with minors does not occur and that appropriate levels of supervision are implemented. See also 12.9.19 below.
- When there are high school students, including prospective athletes, participating in pre-enrollment visitation, the hosting GGC student(s) will not be required to be at least 21 years of age and the requirement for two Authorized Adults will also be waived.
Background Checks
All non-College groups must perform background checks on all Authorized Adults who will have direct contact with minors. All GGC-run camps must have background checks completed in accordance with Administrative Policy Manual 8.2.99 Background Investigations Policy.
- When there are high school students, including prospective athletes, participating in pre-enrollment visitation, the hosting GGC student(s) will not be required to undergo a background check.
- New GGC hires will be required to complete the College background check process at the time of hire.
- All other GGC faculty/staff, students and volunteers, paid or unpaid, must complete the College background check process
- Program staff must notify the Director of Operations within 24 hours if any Authorized Adult is arrested during the duration of the camp.
- The costs associated with background checks are to be borne by the non-College group.
- Each Authorized Adult must undergo a background investigation at least once every three years.
Supervision of Minors in College Housing
If applicable, sponsoring units or non-College groups will adopt and implement rules and regulations for proper supervision of minors in College housing. The following must be included:
- Written permission signed by the parent/guardian for the minor to reside in College housing.
- A curfew time which is age-appropriate for the participants.
- Guests of participants (other than a parent/legal guardian and other program participants) are restricted to visitation in the residence hall lobby and/or floor meeting areas, and only during approved hours specified by the program.
- The program must comply with all security measures and procedures specified by GGC’s Departments of Residential Life and Public Safety.
- Pre-enrollment visit programs for high school students housed overnight in residence halls must be registered with the Office of Residential Life.
- Parents/guardians are not required to have separate accommodations from their participating child. Separate accommodations for all other adults and minors are required.
Counselor Ratios, Training, and Tasks
Sponsoring units or non-College groups will require the program to provide and supervise trained counselors (also considered to be Authorized Adults) who must be at least 18 years of age, in accordance with the following:
- The ratio of counselors to program participants must meet the minimum state ratio requirements, reflect the gender distribution of the participants, and should meet the recommendations of the American Camp Association for staff member-to-camper ratio.
- Training for the counselors must include, at a minimum, information about responsibilities and expectations; policies, procedures, and enforcement; appropriate crisis/emergency responses; safety and security precautions, including any specialty equipment or circumstances; confidentiality issues involving minors; and College responsibility/liability. Counselors must know how to request local emergency services and how to report suspected child abuse.
- Tasks of the counselors must include, at a minimum, informing program participants about safety and security procedures, College rules, rules established by the program, and behavioral expectations. Counselors are responsible for following and enforcing all rules. They must be able to provide information to program participants and to respond to emergencies.
Mandatory Training
Sponsoring units or non-College groups will attend annual mandatory training, provided either by GGC or a third party provider, training on the conduct requirements of this policy, on protecting participants from abusive emotional and physical treatment, and on appropriate or required reporting of incidents of improper conduct to the proper authorities including, but not limited to, appropriate law enforcement authorities.
Reporting Disclosed or Suspected Abuse
Sponsoring units or non-College groups will report any disclosed or suspected assault or abuse experienced by a program participant, at any time previously or during the program. The Authorized Adult, as a mandatory reporter under Georgia Law, must inform the Program Administrator, the GGC Public Safety (678.407.5333), and the Office of Diversity, Institutional Equity, and Title IX Program Administration (678.407.5921).
Authorized Adult Behavior
Authorized Adults participating in programs and activities covered by this Policy will not:
- Have one-on-one contact with minors; there must be two or more Authorized Adults present during activities where minors are present. Authorized Adults also will not have any direct electronic contact with minors without another Authorized Adult being included in the communication.
- Enter a minor’s room, bathroom facility, or similar area without another Authorized Adult in attendance, consistent with the policy of not having one-on-one contact with minors. Staffing should be sufficient to allow two Authorized Adults to address any issues in these facilities without leaving other participants unattended.
- Engage in abusive conduct of any kind toward, or in the presence of, a minor.
- Strike, hit, administer corporal punishment to, or touch in an inappropriate or illegal manner any minor.
- Pick up minors from or drop off minors at their homes, other than the driver’s child(ren), except as specifically authorized in writing by the minor’s parent or legal guardian.
- Provide alcohol or illegal drugs to any minor. Authorized Adults will not provide prescription drugs or any medication to any minor unless specifically authorized in writing by the parent or legal guardian as being required for the minor’s care or the minor’s emergency treatment. Participants’ medicines may be distributed by program staff, following the conditions outlined in this document.
- Make sexual materials in any form available to minors participating in programs or activities covered by this policy or assist them in any way in gaining access to such materials.
Allegations of Inappropriate Conduct
If an allegation of inappropriate conduct has been made against an Authorized Adult participating in a program, she/he will discontinue any further participation in programs and activities covered by this policy until such allegation has been satisfactorily resolved.
Compliance
Sponsoring programs and non-College groups must provide evidence of compliance with all of the requirements of this policy at least thirty (30) days prior to the scheduled use of College facilities. Any college or non-College group required under Georgia law to be licensed to operate must provide a copy of the license or exemption as part of their registration. A University System of Georgia approved agreement for use of College Facilities, if applicable, must be signed at least thirty (30) days prior to the scheduled use of College facilities. Failure to comply with any provision of this policy may result in Georgia Gwinnett College officials terminating the program. Additional needs of Authorized Programs may need to be addressed in the program approval process to ensure the safety of minor participants and program staff. These include but are not limited to:
- Safety and security planning;
- Arrangements for required transportation needs;
- Housing needs;
- Response protocols for injuries or illnesses;
- Insurance requirements;
Related Regulations, Statutes, and Policies
GGC Environmental Health and Safety regulations
GGC Parking Regulations
American Camp Association staff member-to-counselor recommended ratios
Institutional Review Board procedures
Georgia Mandated Reporter Law
Board of Regents Policy Manual Sections 9.10.6.2 Use of Facilities/Property by Affiliated Organizations
Board of Regents Policy Manual Section 9.10.6.3 Use of Facilities/Property by Unaffiliated Outside Parties
12.90 Testing ServicesReviewed May 26, 2016
Georgia Gwinnett College Testing Services offers both computer-based and paper-based tests for admissions and more. Testing required for admission to GGC may be taken on campus. Those applying for admission must meet testing requirements before an admissions decision can be made.
Test Proctoring Services for Correspondence Exams for Candidates Who Have To Travel To Their Home Institution for Exams
Independent Study and Distance Learning Courses (CBT) and Paper-Based Courses (PBT)
As a member of the Consortium of College Testing Centers (CCTC), Georgia Gwinnett College Testing Services offers exam proctoring services for candidates, either through paper-based or computer-based testing (CBT) at a cost per exam in a controlled and proctored environment. The CCTC was established by the National College Testing Association (NCTA) and publishes professional standards and guidelines for post-secondary test centers that are followed at Georgia Gwinnett College. The Testing Center at Georgia Gwinnett College has been nationally certified by the National College Testing Association.
In order for the independent study exams or the distance learning course exams to be proctored at Georgia Gwinnett College, the candidates must adhere to following procedures.
- Contact GGC Testing Services at 678-407-5322 or email GGCTesting@ggc.edu to gain permission to have exam proctored at Georgia Gwinnett College.
- If the director of testing services approves proctoring, then the candidate submits as the point of contact the name, title of proctor, college name, web address, email address, mailing address, and phone number to their home institution or agency for approval.
- After the candidate’s home institution or agency approves the exam proctoring venue at GGC, then the secure paper exam is sent to the director of testing services via air express or USPS mail or the CBT exam passwords are emailed to the director of testing services.
- After all approvals have been made and agreed upon by the home institution or agency and Georgia Gwinnett College, the testing appointment is made by the candidate.
- Prior to the exam proctoring session, the candidate pays the proctoring fee directly to the student accounts office in Building D (Student Services).
- On the day of their exam, the candidate comes to testing services in Building A and brings their payment receipt and photo identification from their college, employer, or government agency.
- The candidate’s signature and photo identification must match.
- The candidate’s photo ID is collected and held until all exam materials are returned to the proctor.
- Once the exam is finished and all exam materials are returned, the candidate’s photo ID is returned to them.
- The test proctor verifies that the exam was proctored under secure conditions and that the candidate was monitored at all times and did not use unauthorized materials or receive outside help during the exam. The signed proctor’s document is returned with the exam materials to the candidate’s home institution or agency.
Policy Statement for National Testing Programs
The establishment of additional national testing programs at Georgia Gwinnett College has to be recommended by the director of testing services; the executive director of enrollment management; and the Senior Vice President for Academic and Student Affairs/Provost. Any legal document or contracts attached to the establishment of a new national testing program at Georgia Gwinnett College has to be reviewed and approved by the legal counsel for Georgia Gwinnett College. National testing programs that have been approved for administration at Georgia Gwinnett College include:
- American College Testing
- College Level Examination Program
- Georgia Assessment for the Certification of Educators (teaching, counseling, administration)
- Georgia Assessment for the Certification of Educators (classroom aides- parapro)
- Law School Admission Test
- Medical Lab Technology
- Miller Analogies Test
- SAT
- Test of Essential Academic Skills V (TEAS V) Test
- Test of English as a Foreign Language (TOEFL)
The registration and payment of fees for the College Level Examination Program, the Georgia Assessment for the Certification of Educators (classroom aides-parapro), Medical Technology Exam, and the Miller Analogies Test is accomplished through Testing Services in Building A and Student Accounts in Building D, Suite 1301. The registration and payment of fees for the American College Testing, the Georgia Assessment for the Certification of Educators (teaching, counseling, administration), Law School Admission Test, Law School Admission Test, SAT, Test of English as a Foreign Language, and the Test of Essential Academic Skills V is done externally by the testing companies who set the testing and fee schedules.
12.91 Elected/Appointed Officials on CampusReviewed May 26, 2016
The Georgia Gwinnett College Office of External Affairs is the college’s primary point of contact for communications and interactions with elected and appointed officials. The Office of External Affairs, in cooperation with the Office of the President, is responsible for coordinating and scheduling visits of elected officials and/or members of their staff.
Elected/Appointed officials include but are not limited to: The President of the United States, The Vice President of the United States, U.S. Senators, U.S. Congressmen, Governors, Lt. Governors, State Secretary of State, State Senators, State Representatives, State School Superintendent, State Attorney General, State Agriculture Commissioner, State Insurance Commissioner, State Labor Commissioner, Chancellor of the University System of Georgia, members of the Board of Regents, Mayors, County Commission Chairs, members of City Councils and members of County Commissions.
Because the Office of External Affairs is responsible for building and sustaining relationships with defined external constituents, any faculty/staff member who wishes to contact and/or invite an elected/appointed official to campus will contact the Office of External Affairs prior to action. Consultation with the Office of External Affairs will enable the institution to coordinate interactions in a coordinated manner and balance internal needs with the macro political environment.
Elected Officials who contact Georgia Gwinnett College faculty or staff about a visit should be referred to the Office of External Affairs for initial review. Upon notification, the Office of External Affairs will provide guidance regarding appropriate action.
Student Organizations interested in inviting elected/appointed officials to campus are encouraged to consult the Office of External Affairs so the institution is coordinated in its approach and interactions. At a minimum, student organizations should notify the Office of External Affairs two weeks prior to an elected/appointed official’s visit to campus.
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