2022-2023 Administrative Policy Manual Published September 2, 2022

Apr 19, 2024

2022-2023 Administrative Policy Manual Published September 2, 2022 [ARCHIVED COPY]

Title IX/Sexual Misconduct Policy

Policy Number: 4.1.7
Effective Date: April 21, 2023
Revision History: August 14, 2017; June 30, 2016
Policy Contact: Equal Opportunity and Title IX Coordinator

I. Purpose and Policy Statement

In accordance with federal and state law including Title IX of the Education Amendments of 1972 (“Title IX”), Georgia Gwinnett College (“GGC” or “College”) does not discriminate on the basis of sex in any of its education programs or activities or in employment. The College is committed to ensuring a safe learning and working environment for all members of the College community. To that end, this policy prohibits Sexual Misconduct, as defined herein.

The College 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 programming and training will 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.

To affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational and employment programs or activities, the College has developed internal policies and procedures that provide a prompt, fair, and impartial process. This policy applies to all College students and employees, visitors, and individuals doing business with the College, and it applies to conduct between students, between employees, and between an employee and a student.

When Sexual Misconduct does occur, all members of the College community, with the exception of Confidential Employees (defined below) are required to report it promptly through the procedures outlined in this policy.

All Inquiries, Reports or Formal Complaints of Sexual Misconduct or Sexual Harassment as prohibited by this policy, including, questions or concerns, may be made to:

Sharon Stellato
Interim Equal Opportunity and Title IX Coordinator
TitleIX@ggc.edu

Georgia Gwinnett College
1000 University Center Lane
Building B, Suite 3720
678-407-5085

To raise a concern involving bias or conflict of interest by the Title IX Coordinator, or to report misconduct or discrimination by the Title IX Coordinator, contact the General Counsel and Chief Legal Affairs Officer, S. Rebekah Myers, legalaffairs@ggc.edu, or designee. Concerns of bias or a potential conflict of interest by any other employee associated with the Equal Opportunity and Title IX Compliance office should be raised with the Title IX Coordinator.

II. Scope

This policy applies to the employment or educational program and activities of College, to conduct that takes place on the campus or on property owned or controlled by the College, at College-sponsored events, or in buildings owned or controlled by College recognized student organizations. This policy may also be applicable to the effects of off-campus sexual misconduct defined by this policy that effectively deprive someone of access to the College’s educational program or work experience. The College may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial College interest. A substantial College interest includes:

Any action that constitutes a criminal offense, as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law;
Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, member of the College Community or other individual;
Any situation that significantly impacts upon the rights, property, or achievements of an individual or significantly breaches the peace and/or causes social disorder; and/or
Any situation that is detrimental to the educational interests or mission of the College.

Study-abroad programs and off-campus locations that are not within the College’s education program or activity are not covered by the Title IX regulations, but may constitute Sexual Misconduct under this Policy. Regardless of the location of conduct, the College will address notice and/or complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity.

All members of the College community (as defined below) are responsible for understanding and complying with this policy. All vendors serving the College through third-party contracts are subject to these policies and procedures. 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.

III. Policy Definitions

Amorous Relationships: The College follows APM 8.2.23 Amorous Relationships, which prohibits some forms of amorous relationships. However, amorous relationships that are not prohibited under GGC policy may still result in sexual harassment allegations. See APM 8.2.23 Amorous Relationships for additional information.

Coercion: The unreasonable pressure for sexual activity. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

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

Complainant: A student, employee, or third-party who is reported to have experienced Sexual Misconduct as defined by this Policy.

Confidential Employees: Institution employees who have been designated by College’s Title IX Coordinator to talk with an alleged Complainant in confidence. The Title IX Coordinator has designated clinical staff at the College Counseling & Psychological Services (“CAPS”) and medical professionals and staff at Health Services as Confidential Employees. Clinical staff at CAPS and medical professionals and staff at Health Services are Confidential Employees only when acting in the capacity of their role as a counselor or health care provider.

Minimal reporting by Confidential Employees must be submitted in compliance with Title IX and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”).

Consent: Knowing, voluntary, and clear permission, by words or actions, to engage in sexual activity.

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity. If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation may be implied. For example, if both individuals are reciprocating the same conduct, either individual may assume the other is consenting to that conduct. Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease. Consent to some sexual contact (such as kissing) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship does not constitute consent. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Examples of situations without consent include, but are not limited to, incompetence, incapacitation from alcohol and/or other drugs, fear, unconsciousness, intimidation, coercion, confinement, isolation, or mental or physical impairment. 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.

Education Program or Activity: Locations, events, or circumstances where the College exercises substantial control over both the Respondent and the context in which the Sexual Misconduct occurs and also includes any building owned or controlled by a student organization that is officially recognized by the College.

Force: The use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent.

Formal Complaint: A written statement, signed by a Complainant or by the Title IX Coordinator, alleging a Respondent engaged in Sexual Misconduct and requesting a College Investigation.

Formal Grievance Process: A method of formal process designated by the College to address conduct that falls within this policy, and which complies with the requirements of the Title IX Regulations (34 CFR Part 106.45).

Informal Resolution: A method of resolution that requires agreement by all Parties involved, as well as the College, and is designated by the College to address conduct that falls within this policy.

Incapacitation: A state in which an individual cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs.

That the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated may be raised as a defense. “Should have known” is an objective, reasonable person standard which assumes that a reasonable person is both sober and exercising sound judgment.

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

Investigator: Person(s) charged by the College with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the relevant evidence, and compiling this information into an investigation report.

Reasonable Person: A person using average care, intelligence, and judgment in the known circumstance (similar circumstances and with similar identities to the Complainant).

Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Misconduct under this policy.

Responsible Employees: All College employees (faculty, staff, student employees, and administrators), with the exception of Confidential Employees, must immediately report actual or suspected sexual harassment or misconduct defined by this policy to the Title IX Coordinator. Student employees who serve in a supervisory, advisory, or managerial role are considered Responsible Employees for purposes of this Policy (e.g., teaching assistants, residential assistants, student managers, orientation leaders, etc.). Employees must also promptly share all details of behaviors under this Policy that they observe or have knowledge of, even if not directly reported to them. Failure of a Responsible Employee to report an incident, defined by this Policy, of which they become aware, is a violation of College policy and that Responsible Employee can be subject to disciplinary action for failure to comply.

Retaliation: Any adverse action or threatened action, taken or made, personally or through a third party, in response to an individual who has filed a report or complaint, an individual who is the Respondent in any report or complaint, or any other individual who has assisted, engaged or participated in any manner in connection with a report, complaint or inquiry in this policy. Retaliation includes intimidation, coercion, threats, harassment, discrimination or any type of adverse action taken against any individual.

In addition, the College reserves the right to take disciplinary action against any College student or employee who intervenes, interferes or intrudes on the College process. This includes directly or indirectly contacting parties or witnesses and attempting to coerce, correct, change, deter, sway, or alter the memories, statements, or testimony of any individual.

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

Standard of Proof: Preponderance of the evidence threshold that is measured by the Hearing Board to determine if it is more likely than not a violation occurred.

Student: Any person pursuing academic studies at the College, including, but not limited to, any person currently enrolled, previously enrolled, or who is reasonably anticipated to seek enrollment at a future date, or a person who has applied to the College or has been accepted for admission.

Title IX Coordinator: Official designated by the College to ensure compliance with Title IX and this policy. References to the Title IX Coordinator throughout this Policy may also encompass a designee of the Title IX Coordinator for specific tasks.

Sexual Misconduct Definitions

Sexual Misconduct (Not Title IX): “Sexual Misconduct” encompasses all unwelcome conduct based on sex or gender that is so severe and/or pervasive that it has the purpose or effect of unreasonably interfering with a person’s College employment, academic performance, or participation in College programs or activities, or creates a working, learning, program, or activity environment that a reasonable person would find intimidating, hostile, or offensive.

Some Sexual Misconduct, that is sufficiently severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity and conduct that conditions an aid or benefit on unwelcome sexual activity, may also constitute Title IX Sexual Misconduct. Title IX Sexual Misconduct is a subset of Sexual Misconduct that rises to a level of severity, pervasiveness and offensiveness such that it is prohibited expressly by Title IX Regulations.

Types of Sexual Misconduct (Not Title IX)

Non-Consensual Sexual Contact (Not Title IX): Any intentional sexual touching, directly or indirectly, without a person’s affirmative consent. Intentional sexual touching includes deliberate contact, under or over clothing, with the breasts, buttocks, groin, or genitals, or conscious and willful touching of another with any of these body parts; making another person touch any of these body parts under or over clothing; and the emission of ejaculate on the clothing or body of another person. This provision also includes fondling, as defined by the Clery Act.
Non-Consensual Sexual Intercourse (Not Title IX): Any sexual intercourse, however slight, that is without consent and/or by force. Intercourse includes, but is not limited to, any anal, oral or vaginal penetration by a penis, object, tongue or finger and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact. This provision also includes rape, incest, and statutory rape, as defined by the Clery Act.
Sexual Exploitation (Not Title IX): Non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other purpose. Examples of sexual exploitation include, but are not limited to:
1. Invasion of sexual privacy
2. Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent, including the making or posting of revenge pornography
3. Non-consensual photographing of individuals who are partly undressed, naked, or engaged in sexual acts and transmitting, distributing, or posting those photographs without an individual’s consent
4. Observing unsuspecting individuals who are partly undressed, naked, or engaged in sexual acts
5. Prostituting another person
6. Knowingly transmitting a sexually transmitted disease (STD)
7. Exposing one’s breasts, buttocks, groin, or genitals without affirmative consent or inducing another to do the same
8. Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
9. Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections
10. Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity (including for financial gain and/or blackmail)
11. Knowingly soliciting a minor for sexual activity
12. Engaging in sex trafficking
13. Knowing creation, possession, or dissemination of child pornography
Sexual Harassment (Not Title IX):
1. Unwelcome sexual advances, requests for sexual contact or favors, conduct based on gender stereotypes, or other verbal, non-verbal, physical, or visual conduct of a sexual nature constitutes sexual harassment when:
  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic, co-curricular, or campus life activities or of an individual’s employment;
  2. Submission to or rejection of such conduct by an individual is used as the basis for academic or student life or employment decisions affecting that individual;
  3. The conduct is so severe and/or pervasive that it unreasonably interferes with a person’s College employment, academic performance, or participation in College programs or activities; or
  4. The conduct is so severe and/or pervasive that it creates an intimidating, hostile, demeaning, or offensive campus or living environment or employment setting.
2. Depending upon the severity and/or pervasiveness of the conduct, sexual harassment may include, for example, subjecting a person to unwelcome sexual attention, physical or verbal advances, sexual flirtations or propositions, vulgar talk or jokes, degrading graphic materials, objects or verbal comments of a sexual nature about an individual’s appearance.
3. Sexual harassment can occur regardless of the relationship, job title or respective sex, sexual orientation and/or gender identity of the parties.
Dating Violence (Not Title IX): Violence, on the basis of sex, committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. For the purposes of this definition Dating Violence includes, but is not limited to, emotional, mental, verbal, sexual or physical abuse, or the threat of such abuse.
Gender Harassment (Not Title IX): Gender Harassment includes harassment based on actual or perceived sex, sexual orientation, sex-stereotyping, gender identity, gender expression, or pregnancy. Such harassment may include acts of aggression, intimidation, or hostility, whether verbal, graphic, physical, or otherwise. For purposes of this policy, Gender Harassment encompasses gender-based discrimination, including, but not limited to, exclusion from any employment or educational activity or experience. For purposes of this policy, a severe incident, even if isolated, can be sufficient. Examples of conduct that may constitute Gender-Based Harassment include, but are not limited to:
1. A series of written, verbal, or electronic statements that disparage a person based on their actual or perceived sex, gender identity, gender expression, sexual orientation, or pregnancy;
2. Disparagement of a person based on perceived lack of stereotypical masculinity or femininity;
3. Threats of violence toward an individual based on their actual or perceived identity; within a protected class, or toward an entire sex, gender identity, gender expression, sexual orientation, or pregnancy status as a group; and/or
4. Defacing College property, or another individual’s property, with symbols or language intended or understood by a Reasonable Person to disparage or threaten a person or group based on sex, gender identity, gender expression, sexual orientation, or pregnancy.

Title IX Misconduct

Title IX Misconduct is a subset of Sexual Misconduct that rises to a level of severity and pervasiveness such that it is prohibited expressly by Title IX Regulations. Conduct that does not meet this strict definition for Title IX Misconduct is still prohibited by this policy if it otherwise constitutes Sexual Misconduct.

Federal law requires the College to define Title IX Sexual Harassment as including Sexual Assault (as defined in 20 U.S.C. 1092(f)(6)(A)(v)), Dating Violence (as defined in 34 U.S.C. 12291(a)(10)), Domestic Violence (as defined in 34 U.S.C. 12291(a)(8)), and Stalking (as defined in 34 U.S.C. 12291(a)(30)). The statutory definitions are the definitions that the College must and will use to decide whether reported conduct falls within the scope of Title IX Misconduct for purposes of this policy.

Alleged conduct is Title IX Misconduct (though it may also be Sexual Misconduct) only if:

The alleged conduct was perpetrated against a person in the United States;
The conduct took place within the College’s Programs or Activities; and
At the time a Formal Complaint is filed, the Complainant was participating in or attempting to participate in the College’s programs or activities.

Types of Title IX Misconduct

Sexual Harassment (Title IX): Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking as defined by Title IX Regulations.

Sexual Harassment under Title IX includes conduct on the basis of sex (including sexual orientation and sex stereotypes) or that is sexual in nature and that satisfies one or more of the following:

Quid Pro Quo (Title IX):
1. An employee of the College,
2. Conditions (implicitly or explicitly) the provision of an aid, benefit, or service of the College,
3. On an individual’s participation in unwelcome sexual conduct.
Sexual Harassment (Title IX):
1. Unwelcome conduct,
2. Determined by a reasonable person,
3. To be so severe, and
4. Pervasive, and,
5. Objectively offensive,
6. That it effectively denies a person equal access to the College’s education program or activity. Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced. This definition is broad enough to potentially encompass forms of sex-based disparate treatment, even if not harassing in nature.
Sexual Assault (Title IX):
1. Any sexual act (see Appendix A) directed against another person (this would include having another person touch the Complainant sexually, forcibly, and/or without their consent. These dismissal requirements are mandated by the 2020 Title IX Regulations, 34 CFR §106.45),
2. Without the consent of the Complainant,
3. Including instances in which the Complainant is incapable of giving consent, such as:
  1. Sexual intercourse with another person, including oral or anal sexual intercourse, or the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
  2. Touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
  3. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; or
  4. Sexual intercourse with a person who is under the statutory age of consent (which is 16 in the state of Georgia).
Dating Violence (Title IX):
1. Violence,
2. On the basis of sex,
3. Committed by a person,
4. Who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition-
  1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  2. Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence (Title IX):
1. Violence,
2. On the basis of sex,
3. Committed by a current or former spouse or intimate partner of the Complainant,
4. By a person with whom the Complainant shares a child in common, or
5. By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
6. By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Georgia, or
7. By any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Georgia. To categorize an incident as Domestic Violence under this policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
Stalking (Title IX):
1. Engaging in a course of conduct,
2. On the basis of sex,
3. Directed at a specific person, that
  1. Would cause a reasonable person to fear for the person’s safety, or
  2. The safety of others; or
  3. Would cause a reasonable person to suffer substantial emotional distress.
4. For the purposes of this definition-
  1. “Course of conduct” means two or more acts, including, but not limited to, acts in which the Respondent 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 a person’s property.
  2. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant.
  3. “Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

IV. Roles and Responsibilities

Equal Opportunity and Title IX Coordinator (“Title IX Coordinator”): Serves as the Title IX Program Administrator as well as the Nondiscrimination/Anti-Harassment Officer, the College’s Title VI Coordinator, and the College’s Title IX Coordinator.
1. The Title IX Coordinator 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. The Title IX Coordinator can be reached at the Equal Opportunity and Title IX Compliance office, located in Building B, Suite 3700, by phone at (678) 407-5085 or via email at titleix@ggc.edu.
2. GGC’s Title IX Coordinator oversees implementation of the College’s Sexual Misconduct Policy. The Title IX Coordinator has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, process, resolution, and implementation of supportive measures to stop, remediate, and prevent sexual harassment and sexual misconduct in all forms prohibited under this policy.
3. The Title IX Coordinator (and all employees associated with the Title IX Office) act with independence and authority free from bias and conflicts of interest. Employees are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.
Equal Opportunity and Title IX Compliance Investigator: The Equal Opportunity and Title IX Compliance Investigator shall be appointed to investigate individual complaints by the Nondiscrimination/Anti-Harassment Officer or his/her designee to conduct investigations pursuant to alleged violations of this Policy. The Equal Opportunity and Title IX Compliance Investigator also serves as the 504 Coordinator.

V. Reporting Sexual Misconduct

A complainant of Sexual Misconduct may, but need not, make a criminal complaint with law enforcement officials; make a misconduct report with a Responsible Employee or Title IX Coordinator; or make both. A report may be made anonymously, although anonymous reports may make it difficult for the College to address the complaint. Any individual who believes that he or she has been a victim of Sexual Misconduct is encouraged to report allegations of Sexual Misconduct promptly.
Reporting to Title IX Office
1. Reports of Sexual Misconduct (including Title IX Sexual Misconduct) may be made by contacting the Title IX Coordinator. Any individual may make a report, but the College does not have notice of the report until information is known to a Responsible Employee or the Title IX Coordinator. Upon receiving a report, the Title IX Coordinator has full discretion to conduct inquiries into reports. The Title IX Coordinator may implement any necessary reasonable restrictions to address reported concerns.
2. Every effort will be made by the College to preserve the privacy of reports. Privacy means that information related to a report will only be shared with a limited number of College employees who need to know. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the College’s FERPA policy. The privacy of employee records will be protected in accordance with Human Resources practices and policies. The College reserves the right to designate which College officials have a legitimate educational interest in being informed about incidents that fall within this Policy.
3. Upon receipt of a report, the Title IX Coordinator will contact the Complainant. That contact will discuss the availability of supportive measures, the invitation to discuss their wishes with respect to implementation of supportive measures, and explain the process of filing a complaint. A report to the College does not automatically prompt an investigation.
4. The Title IX Coordinator shall notify the USG System Equity Director (“System Director”) of any allegation(s) of Sexual Misconduct that could, standing alone as reported, lead to the suspension or expulsion of the Respondent(s). The System Director will work with the College to determine whether any support services or supportive 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 Respondent(s), but facts arise during the course of the investigation that could lead to the Respondent’s suspension or expulsion, the Title IX Coordinator shall notify the System Director or designee. The System Director shall have the discretion to oversee the handling of the complaint.
5. All Sexual Misconduct investigations involving a student Respondent, shall follow the investigation process set forth in BOR Policy Manual 4.6.5 Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings.
6. All Sexual Misconduct investigations involving an employee Respondent, shall be addressed utilizing Board and institutional employment policies and procedures including Human Resources Administrative Practice Manual, Prohibit Discrimination & Harassment.
Unknown or Non-College Community Respondent
1. If the Respondent is unknown or is not a member of the College community, the Title IX Coordinator will assist the Complainant in identifying appropriate resources and support options. If criminal conduct is alleged, the College may assist in contacting law enforcement if the individual would like to file a police report.
2. If the Respondent is enrolled in or employed by another institution, the Title IX Coordinator may assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policy.
3. In addition, the College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from College property and/or events.
Filing a Formal Complaint
1. When a Complainant has experienced Sexual Misconduct (including Title IX Misconduct), the Complainant may file a Formal Complaint with the Title IX Coordinator in person or by email. A Formal Complaint must be a written statement or electronic submission, signed by a Complainant or by the Title IX Coordinator, alleging a Respondent engaged in Sexual Misconduct and requesting initiation of a College Investigation.
2. The Title IX Coordinator has discretion to file a Formal Complaint of reported Sexual Misconduct, even if the Complainant chooses not to participate in the process and/or does not wish to file a Formal Complaint, when the Title IX Coordinator determines the that the report includes conduct that poses a threat to the health, safety and well-being of the community. The Title IX Coordinator may consider the following factors: the seriousness of the alleged conduct, the Complainant’s age and/or whether there have been other complaints of Sexual Misconduct against the same Respondent.
3. After a Formal Complaint has been filed by a Complainant or signed by the Title IX Coordinator, the College will commence its formal grievance process.
4. Although there is no time limitation on filing a Formal Complaint to the Title IX Coordinator, if a significant amount of time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible. Therefore, if an investigation has been significantly impacted by the passage of time, the Title IX Coordinator may use discretion to document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.
5. All Formal Complaints shall be acted upon promptly by the College once received. Typically, Formal Complaint Investigations and subsequent adjudication can take 60-120 business days to resolve. Exceptions and extenuating circumstances can cause the process and resolution to take longer, but the College will avoid all undue delays within its control. If the general timeframes will be delayed, the College will provide written notice to the parties of the delay, the cause of a delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.
6. OCR: Individuals also have the right to file an external grievance with:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: www.ed.gov/ocr

College Reports
1. Complainants of Sexual Misconduct who wish to file a report with the College should notify a Responsible Employee or the Title IX Coordinator. Responsible Employees informed about Sexual Misconduct allegations involving any student should not attempt to resolve the situation but must notify and report all relevant information to the Title IX Coordinator as soon as practicable. Confidential Employees are not bound by this requirement but may be required to report limited information about incidents without revealing the identities of the individuals involved to the Title IX Coordinator, consistent with their ethical and legal obligations, including the Clery Act.
2. All members of the College community are encouraged to report incidents of Sexual Misconduct promptly. The Title IX Coordinator’s identity and contact information shall be published by each institution prominently on the College’s website, as well as in any relevant publication. The College may choose to have Deputy Title IX Coordinators to whom reports may be made, as well. The College encourages Complainants to report their complaints in writing, though oral complaints should also be reviewed, taken seriously, and investigated, to the extent possible. For the purposes of Title IX, all formal complaints must be made in writing and the Complainant must be participating in an education program or activity of the College. While complaints should be made as quickly as possible following an alleged incident of Sexual Misconduct, all reports should be accepted regardless of when reported.
3. False Allegations and Evidence. Conclusively and deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination. Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official who is investigating, can be subject to discipline. This includes informing witnesses of allegations and attempting to coerce, instruct, conceal or intervene in with witnesses’ statements and/or recollections, or persuading witnesses to recall or alter specific details or recollection.
Law Enforcement Reports
1. Because Sexual Misconduct may constitute criminal activity, a Complainant also has the option, should they so choose, of filing a report with campus or local police, for their own protection and that of the surrounding community. The College may assist the Complainant in reporting the situation to law enforcement officials. Filing a criminal report does not automatically constitute a report to the Title IX Coordinator.
2. 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. 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.
Anonymous Reports. The College provides a mechanism by which individuals can report incidents of alleged Sexual Misconduct anonymously by completing a report online. Complainants should understand, however, that it will be more difficult for the College to investigate and to take action upon anonymous reports. Additionally, all reports must comply with the requirements of the Title IX Regulations (34 CFR Part 106) which may bar GGC from further investigation of the report.
Complaint Consolidation. GGC reserves the right to 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.
Complaint Dismissal
1. Mandatory Dismissal of the complaint, as mandated by the 2020 Title IX Regulations, 34 CFR §106.45, will occur if, in their discretion, the Title IX Coordinator determines that:
  1. The conduct alleged in the formal complaint would not constitute Title IX Misconduct as defined above, even if proved; and/or
  2. The conduct did not occur in an educational program or activity controlled by the College (including buildings or property controlled by recognized student organizations), and/or the College does not have control of the Respondent; and/or
  3. The conduct did not occur against a person in the United States; and/or
  4. At the time of filing a formal complaint, a Complainant is not participating in or attempting to participate in the education program or activity of the recipient.
2. Discretionary Dismissal may occur if, at any time during the process:
  1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein; or
  2. The Respondent is no longer enrolled in or employed by the recipient; or
  3. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
3. Dismissal of a Formal Complaint does not preclude action under another applicable College or USG policy. In the event of dismissal, the Title IX Coordinator may refer the matter to any other appropriate department. Upon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.
Amnesty. Individuals should be encouraged to come forward and to report Sexual Misconduct notwithstanding their choice to consume alcohol or to use drugs. Information reported by an individual during an investigation concerning use of drugs or alcohol will not be used against the particular individual in a disciplinary proceeding or voluntarily reported to law enforcement; however, individuals may be provided with resources on drug and alcohol counseling and/or education, as appropriate.
Handling Reports of Sexual Misconduct. All reports of Sexual Misconduct must be made or referred to the Title IX Coordinator. The College’s complaint process for handling reports of non-Title IX Sexual Misconduct are available in GGC’s APM Section 12.1 Non-Discrimination and Anti-Harassment Policy.
Supportive Measures
1. Supportive measures are non-disciplinary, non-punitive individualized services offered by the College as appropriate, as reasonably available, without fees, to restore or preserve access to the College’s employment or education program or activity, including measures designed to protect the safety of all parties and/or the College’s environment, and/or deter any Sexual Misconduct under this Policy.
2. Once a student or employee makes a complaint or receives notice that a complaint has been made against him or her, or the Title IX Coordinator otherwise learns of a complaint of Sexual Misconduct, then the Complainant, Respondent and alleged Complainant (where applicable) should receive written information about supportive measures available at the College.
3. The College will offer and implement appropriate and reasonable supportive measures to the parties. The College will maintain the privacy of the supportive measures, provided that privacy does not impair the College’s ability to provide the supportive measures.
4. These supportive measures may include, but are not limited to:
  1. Referral to community-based service providers and/or resources
  2. Visa and immigration assistance
  3. Student financial aid assistance
  4. Providing campus safety escorts
  5. Providing specific transportation assistance
  6. Implementing No Contact Directives between the parties
  7. Academic support, extensions of deadlines, or other course/program-related adjustments that are considered reasonable accommodations
  8. Trespass from campus
  9. Class schedule modifications, withdrawals, or leaves of absence
  10. Increased security and monitoring of certain areas of the campus
  11. Assistance with reporting to law enforcement: If the Complainant chooses, the College may assist in filing a report with the appropriate law enforcement agency
  12. No contact order: GGC Public Safety, the Title IX coordinator, Associate Provost for Student Affairs and Dean of Students (“DOS”), and/or Chief Human Resources Officer (“CHRO”) may impose a “no-contact” order, which typically will include a directive that the parties refrain from having any contact with one another, directly or through third parties, whether in person or via electronic means, pending the investigation and, if applicable, the hearing. When taking steps to separate the Complainant and the Respondent, the Title IX Coordinator, DOS, and/or CHRO will seek to minimize unnecessary or unreasonable burdens on either party. Note, however, that this obligation does not preclude the College from evaluating and implementing an interim suspension, if deemed warranted.
  13. Safety measures: The College may coordinate any reasonable arrangements that are necessary for ongoing safety. This includes parking arrangements, providing security escorts, or transportation assistance.
  14. Living arrangements: The College may assist in changing on-campus living arrangements, as available, for the Complainant or that of the Respondent to ensure safety and a comfortable living situation.
  15. Campus trespass order/restriction: The College may issue a trespass order which would prevent an individual from entering any part of campus. A campus restriction may also be imposed in order to restrict an individual from certain areas of campus, such as a residence hall (this can also include restrictions from College activities and/or events).
  16. Employment arrangements: The College may assist with altering work arrangements for employees, including changes in work schedule or job assignment.
  17. Academic arrangements/modifications: The College may assist with adjusting academic schedules, withdrawals, absence notifications, deadline extensions, and testing accommodations as well as assist in providing resources to academic support services.
  18. Other supportive measures: The College may coordinate reasonable arrangements to address the effects of Title IX complaints, including connections with counseling, health care, financial planning assistance, immigration and/or visa assistance, or academic support resources. Once the Title IX Coordinator receives a report, the Complainant and Respondent will be scheduled for separate meetings to review reporting options and supportive measures.
  19. Protective order: The College may provide law enforcement or victim services’ information in order to assist in filing for a protective order, restraining order, or similar lawful orders issued by a criminal, civil or tribal court. These orders prohibit contact between the Complainant and the Respondent.
  20. Any other actions deemed appropriate by the Title IX Coordinator
Assistance.
1. The following resources are available to the parties:
  1. National Sexual Assault Hotline (800) 656-4673
  2. National Teen Dating Abuse Hotline (866) 331-9474
  3. National Domestic Violence Hotline (800) 799-7233
  4. Georgia Crisis & Access Line (800) 715-4225
  5. Financial Aid Assistance, Director of Financial Aid (678) 407-5701
  6. Immigration and Visa Assistance, Director of Internationalization (678) 407-5300
  7. FACE (http://www.facecampusequality.org)
  8. SAVE (http://www.saveservices.org)
  9. Love is Respect (866) 331-9474, or text “loveis” to 77054
  10. GGC Counseling and Psychological Services (678) 407-5592
  11. GGC Health Services (678) 407-5675
  12. GGC Public Safety (678) 607-5333
  13. LiveSafe App
  14. Georgia Crisis and Access Line (800) 715-4225
  15. Northside Hospital Gwinnett (678) 312-1000
  16. Gwinnett Women’s Pavilion (678) 312-4790
  17. Mosaic Georgia: Sexual Assault Center and Children’s Advocacy Center (770-476-7407)
  18. Gwinnett County Police (770) 513-5100
  19. Lawrenceville Police (770) 963-2443
  20. Lawrenceville Health Center (770) 339-4283
2. A complete list of all community resources and supportive measures are maintained on the College Title IX website: https://www.ggc.edu/equal-opportunity-and-title-ix-compliance/title-ix

VI. Advisors

Both the alleged Complainant and 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 for the express purpose of providing advice and counsel, pursuant to the provisions of BOR Policy Manual 4.6.5 Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings and APM 12.1 Non-Discrimination and Anti-Harassment Policy. 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 as outlined in BOR Policy Manual 6.7.4 (E). All communication during the Sexual Misconduct process will be between the institution and the party and not the Advisor. The College is not obligated to communicate with or through Advisors, and will only communicate with the parties throughout the process.
If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor only for the limited purpose of conducting any cross-examination. The College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney. If the party does not wish to conduct cross examination, the party may waive their right to cross-examination; in which the College would not be required to appoint an Advisor.

VII. Informal Resolutions

Parties have the option of informally resolving complaints of alleged Sexual Misconduct. For the Informal Resolution process to commence, however, both parties must agree to submit to the informal resolution process. The College has the discretion to determine whether an Informal Resolution process is appropriate.
Participation by both the Complainant and the Respondent is voluntary and either party can request to end Informal Resolution and pursue an Investigation. Information gathered and utilized in the Informal Resolution process may be used in any other College process, including an Investigation under the Formal Resolution Process, if Informal Resolution ends.
If the parties request and agree to an Informal Resolution, the Title IX office may conduct a short investigation of the matter; including meeting with the parties and collecting information relevant to the matter, but may not necessarily speak to any witnesses identified by either party.
When the Parties mutually agree to resolve the matter, the College will determine if the Informal Resolution is appropriate. This review will be conducted by the Title IX Coordinator, in conjunction with either the Dean of Students or designee, or VP of Human Resources & Chief of Staff or designee.
The College may consider the following factors to assess whether the Informal Resolution is appropriate:
1. The parties’ amenability to the resolution;
2. Likelihood of potential resolution, considering any power dynamics between the parties;
3. The parties’ motivation to participate;
4. Civility of the parties;
5. Cleared violence risk assessment/ongoing risk analysis;
6. Disciplinary history;
7. Whether an emergency removal is needed;
8. Complaint complexity;
9. Emotional investment/intelligence of the parties;
10. Rationality of the parties;
11. Goals of the parties;
12. Safety of the College Community.
The Title IX Coordinator will draft an Informal Resolution Agreement and the agreement shall be signed by all parties, including the College. Both parties retain the right to end the Informal Resolution Process at any time prior to signing the Informal Resolution and to initiate the Formal Resolution Process.
Either party’s failure to abide by the terms of the Information Resolution may result in appropriate responsive/disciplinary actions, including sanctions. Informal Resolutions are not appealable.

VIII. Acceptance of Responsibility for Sexual Misconduct Process

The Respondent may accept responsibility for the alleged policy violations at any point during the process. If the Respondent indicates an intent to accept responsibility for all of the alleged misconduct, any formal process will be paused, and the Title IX Coordinator will determine whether all parties and the College are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator may implement the accepted finding that the Respondent is in violation of College policy and implement sanctions and/or remedies, in coordination with other appropriate administrator(s), as necessary. If the Respondent accepts Responsibility for prohibited conduct, the appropriate sanction or responsive actions shall be promptly implemented in order to effectively stop the sexual conduct, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the College community. Once the Respondent has accepted responsibility, and the College has implemented sanctions and/or remedies, the matter will be considered final and not appealable by either party. The Respondent’s failure to abide by the terms of the finalized sanctions and/or remedies, may result in appropriate responsive/disciplinary actions, including sanctions.

IX. Investigations

If the Title IX Coordinator determines that the conduct alleged could constitute Sexual Misconduct and the Complainant requests an Investigation, the Title IX Coordinator will assign an Investigator and the Investigator will commence a thorough, reliable, and impartial investigation.

X. Hearings, Possible Sanctions, and Appeals

All Sexual Misconduct hearings, sanctions, and appeals involving a Student Respondent, whether overseen by the College’s Title IX Coordinator or the System Director, shall follow the investigation process set forth in BOR’s Policy Manual 4.6.5 Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings. All Sexual Misconduct adjudication involving an Employee Respondent shall be addressed utilizing the College’s employment policies and procedures including Human Resources Administrative Practice Manual (“HRAP”), Policy on Prohibit Discrimination & Harassment and shall include the minimal standards set forth in that HRAP policy.

XI. Related Regulations, Statutes, Policies, and Procedures
Title IX of the Educational Amendments of 1972 (Title IX)
Board of Regents Policy Manual 6.6 Non-Discrimination and Anti-Harassment
Board of Regents Policy Manual 6.7 Sexual Misconduct Policy

Appendix A - Federal Regulations Sexual Act Definitions

A “sexual act” is specifically defined by federal regulations to include one or more of the following:

Forcible Rape:

Penetration,
no matter how slight,
of the vagina or anus with any body part or object, or
oral penetration by a sex organ of another person,
without the consent of the Complainant.

Forcible Sodomy:

Oral or anal sexual intercourse with another person,
forcibly,
and/or against that person’s will (non-consensually), or
not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Sexual Assault with an Object:

The use of an object or instrument to penetrate,
however slightly,
the genital or anal opening of the body of another person,
forcibly,
and/or against that person’s will (non-consensually),
or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Forcible Fondling:

The touching of the private body parts of another person (buttocks, groin, breasts),
for the purpose of sexual gratification,
forcibly,
and/or against that person’s will (non-consensually),
or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Incest:

Non-forcible sexual intercourse,
between persons who are related to each other,
within the degrees wherein marriage is prohibited by Georgia law.

Statutory Rape:

Non-forcible sexual intercourse,
with a person who is under the statutory age of consent.