Involved in Title IX

There are four major stages (five if there is an appreal) to the Title IX process: Complaint Intake, Informal Resolution or Investigation, the Hearing, and the Appeal. 

COMPLAINT INTAKE

When a report is filed, the Title IX Coordinator will reach out to the Complainant (the person who experienced the reported conduct) to go over their options on how to resolve the report. The Complainant is provided several options on what to do with their report. Depending on the nature of the report, the Complainant may request:

• Accommodations and support measures
• To keep the report on file and not move forward with an investigation
• To have the Title IX Coordinator speak directly with the Respondent (the person who is alleged to have committed the conduct) through an educational, non-disciplinary, non-punitive conversation
• Informal resolution before an investigation (Note: all parties must agree and this typically would not result in a finding of misconduct for the Respondent)
• Informal resolution after an investigation (Note: all parties must agree and this may result in a finding of misconduct for the Respondent)
• Formal resolution after an investigation through the hearing process

For cases that follow the Title IX, the Complainant must indicate in writing to the Title IX Coordinator if they wish for the report to move into the investigation phase.

INFORMAL RESOLUTION

Informal resolution is an agreement the Complainant, Respondent, and Institution come to in closing a complaint. There are two points in the process where a report can be resolved through informal resolution: before an investigation begins or after an investigation has taken place. Informal resolution prior to an investigation does not typically result in a finding of misconduct for the Respondent; however, informal resolution after an investigation may result in a finding of misconduct for the Respondent. The Complainant and Respondent have the option to end informal resolution and request a formal process at any time before a resolution is reached. Once informal resolution is reached, it is not appealable.

Examples of informal resolution include: A no contact agreement, educational workshops, a reflection paper, etc. For informal resolution after an investigation, examples may also include disciplinary probation, suspension, or other sanctions consistent with the conduct process.

INVESTIGATION

Once an investigation has been requested, or alternatively the Title IX Coordinator has signed a formal complaint, an investigator will be assigned. This is an impartial individual whose role is to collect as much information as possible from the Complainant, Respondent, and any other parties who have relevant information to share related to the complaint. The investigator will also collect any evidence the Complainant, Respondent, or other parties have such as text messages, videos, screenshots from social media, pictures, etc.

The investigator will start by reaching out to the Complainant to schedule an interview. This is the Complainant’s opportunity to share their story with the investigator. Once the investigator has met with the Complainant, a Notice of Investigation will be sent to the Complainant and Respondent, which includes the identities of both parties, the alleged conduct, and the date and location of the incident (if known). This is also the Respondent’s opportunity to respond to the allegations and share their story through written statement and/or through a meeting with the investigator.

All parties have the opportunity to have a support person or advisor with them during the investigation process. Additionally, the Complainant and Respondent in student Sexual Misconduct cases can be involved as much, or as little, as they choose.

After interviews have been conducted and information has been collected, the investigator will draft an investigation report which summarizes the relevant information and evidence, including whether there is sufficient information to warrant further consideration and adjudication of the alleged policy violation(s). This report will be shared with the Complainant, Respondent, and their advisors, if applicable. Both parties will have the opportunity to respond to the report, if they choose.

HEARING

If a case is not resolved through informal resolution after the investigation, the report will be finalized and sent to the Office of Student Conduct (students) or Human Resources (employees) for adjudication. A copy of the final investigation report will also be shared with the Complainant, Respondent, and their advisors, if applicable. The appropriate office will assign a hearing officer who will communicate with both parties to discuss the details of the hearing process. The Complainant and Respondent will also be given the opportunity to provide witnesses they would like called at the hearing. For cases that follow the Title IX procedures, the Complainant and Respondent must have an advisor at the hearing who will conduct cross examination. If either party does not have an advisor, the institution will provide one for them.

The hearing panel will be made up of three trained faculty or staff members. The Complainant and Respondent may request to provide testimony in a separate room from the other party, so long as no party is unfairly disadvantaged, and they have the opportunity to view the testimony remotely and submit follow-up questions.

Once a decision has been made by the hearing panel, the Complainant and Respondent have the opportunity to submit an appeal based on limited grounds.

APPEALS

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

The Respondent (and in cases involving sexual misconduct or other forms of discrimination and/or harassment, the Complainant) shall have the right to appeal the outcome on any of the following grounds:

(1) to consider new information, sufficient to alter the decision, or other relevant facts not brought out in the original hearing (or appeal), because such information was not known or knowable to the person appealing during the time of the hearing (or appeal);

(2) to allege a procedural error within the hearing process that may have substantially impacted the fairness of the hearing (or appeal), including but not limited to whether any hearing questions were improperly excluded or whether the decision was tainted by a conflict of interest or bias by the Title IX Coordinator, Conduct Officer, investigator(s), decision makers(s); or

(3) to allege that the finding was inconsistent with the weight of the information. The appeal must be made in writing, must set forth one or more of the bases outlined above, and must be submitted within five business days of the date of the final written decision. The appeal should be made to the institution's President or their designee. 

The appeal shall be a review of the record only, and no new meeting with the Respondent or any Complainant is required. The President or their designee 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 any lower decision maker 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. The President or their designee’s decision shall be simultaneously issued in writing to the parties within a reasonable time period. The President or their designee’s decision shall be the final decision of the institution.

Should the Respondent or Complainant (where applicable) wish to appeal the final institutional decision, they may request review by the Board of Regents in accordance with the Board of Regents’ Policy on Discretionary Review.

Appeals received after the designated deadlines above will not be considered unless the institution or Board of Regents has granted an extension prior to the deadline. If an appeal is not received by the deadline the last decision on the matter will become final.

HELPFUL RESOURCES

SGSC CAMPUS POLICE                                                      1.912.384.7675                         1.912.287.4335              

GEORGIA CRISIS AND ACCESS LINE                                1.800.715.4225

RAINN                                                                                     1.800.656.4673

VICTIM CONNECT RESOURCE CENTER                            1.855.484.2846 (call or text)

NATIONAL SEXUAL VIOLENCE RESOURCE CENTER       1.877.739.3895

MALE SURVIVOR 

STAILLA RAPE CRISIS CENTER                                             1.912.283.0987

1IN6  (men who has experienced sexual abuse/assault) 1.800.656.4673

SAFE HORIZON                                                                          1.800.621.4673       

NATIONAL DOMESTIC VIOLENCE HOTLINE                         1.877.739.3895                   

VICTIM BILL OF RIGHTS

South Georgia State College is committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:

All students have the right to:

1. Make a report to local law enforcement and/or state police.
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously.
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure from the institution.
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available.
6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
7. Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
8. Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
9. Access to at least one level of appeal of a determination.
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the College.

HELPFUL RESOURCES

SGSC CAMPUS POLICE                                                      1.912.384.7675                         1.912.287.4335   

GEORGIA CRISIS AND ACCESS LINE                                1.800.715.4225

RESPONDENT'S BILL OF RIGHTS

If you have been accused of a Title IX violation (respondent), the Title IX Coordinator can inform you of the resources available on and off campus as well as provide you with more information about the process. 

Students accused of sexual assault or sexual misconduct have the right:

1. To be treated with respect by college officials;

2. To be given written notice of any charges of alleged violations of college or system policy;

3. To be advised of and review the evidence associated with the case to the extent permitted by law;

4. To request a delay of a hearing or conference due to extenuating circumstances, provided that the grant of such request is in the discretion of the Title IX Coordinator; this is the same for the Complainant

5. To challenge the objectivity of the investigator(s) and/or Sexual Misconduct Hearing Panel’s members upon the belief that a bias or conflict of interest may exist;

6. To admit responsibility for any or all charges of alleged violations of college or board policy;

7. To decline to make statements;

8. To present their version of the events in question;

9. To have witnesses present factual information on their behalf;

10. To have an Advisor assist them throughout the process;

11. To be accompanied by an Advisor should the case go before a hearing panel; and

12. The right to appeal the outcome of a sexual misconduct hearing, in accordance with the standards for appeal established in the college policy.