Non-Discrimination and Anti-Harassment Policy

NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY

South Georgia State College is committed to maintaining a fair and respectful environment for living, work, and study. To that end, and in accordance with federal and state law, South Georgia State College (“SGSC”) policy, and College policy, the College prohibits harassment of or discrimination against any person because of race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status by any member of the College Community (as defined below) on campus, in connection 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 met with appropriate disciplinary action, up to and including dismissal or expulsion from the College.

Bias based on the protected categories of race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status will not hinder employment, study or institutional services, programs, or activities. Bias factors will not be permitted to have an adverse influence upon decisions regarding students, employees, applicants for admission, applicants for employment, contractors, volunteers, or participants in or users of institutional programs, services, and activities. South Georgia State College will continue in its efforts to maintain an institutional environment free of such bias and restates its policy prohibiting the interference of such bias.

The College follows the USG Sexual Misconduct Policy 6.7 found at http://www.usg.edu/policymanual/section6/C2655 and the USG Policy to Prohibit Discrimination & Harassment found at: https://www.usg.edu/hr/manual/prohibit_discrimination_harassment.

This Policy incorporates by reference the applicable sections of the USG Sexual Misconduct Policy and the USG Policy to Prohibit Discrimination & Harassment. All allegations of discrimination and harassment based on the protected categories other than Sexual Misconduct alleged against a student Respondent(s) will be covered by this Policy together with the USG Sexual Misconduct Policy and the USG Policy to Prohibit Discrimination & Harassment.

Every member of the College Community is expected to uphold this Policy as a matter of mutual respect and fundamental fairness in human relations. Every student of this institution has a responsibility to conduct themselves in accordance with this Policy as a condition of enrollment, and every College employee has an obligation to observe College policies as a term of employment.

In addition, one aspect of performance appraisal for college personnel at all levels of supervision and administration will include the qualitative evaluation of their leadership in implementing this Policy. Merit and productivity, free from prohibited bias, will continue to guide decisions relating to employment and enrollment.

Nothing in this Policy prevents a College Community member from filing a complaint with a state or federal agency or court.

Definitions

1. Members of the College Community

Members of the College Community are 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:

1. College faculty, staff, administrators, employees, and independent contractors;
2. College students;
3. Volunteers and participants in any College program or activity; and
4. Guests and visitors to campus to any property owned or leased by the College or to any property owned or leased by any College – affiliated organization or group.

2. Sexual Misconduct

Sexual Misconduct: An umbrella term that is used to describe a wide range of prohibited sexual conduct as described below, including sexual harassment. Sexual misconduct 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 of an employee or a subordinate employee of their supervisor.

Sexual Harassment (Other than Student on Student): Unwelcome verbal, nonverbal, or physical conduct, based on sex (including gender stereotypes), that may be any of the following:

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

2. A basis for employment or educational decisions;

3. Is sufficiently severe, persistent, or pervasive to interfere with one’s work or educational performance creating an intimidating, hostile, or offensive work or learning environment, or interfering with or limiting one’s ability to participate in or to benefit from an institutional program or activity; or

4. Determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a College education program or activity in violation of Title IX.

Sexual Harassment (Student on Student): Unwelcome verbal, nonverbal, or physical conduct based on sex (including gender stereotypes), determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to participate in or to benefit from an institutional education program or activity.

Examples of conduct that may constitute sexual harassment to the extent it meets either of the above definitions, without limitation:

1. Nonconsensual touching of another’s body, including unwanted hugging or shoulder rubbing.

2. Sexual remarks, jokes, anecdotes, inquiries, or physical gestures.

3. Requests or propositions of a sexual nature.

4. Gender or sex-based comments or comments of a sexual nature (either complimentary or insulting) about a person’s physique, clothing, or sexual/romantic activity or preferences.

5. Inappropriate use, display, or non-consensual sharing of sexual images, text, or objects.

In addition to Sexual Harassment as defined above, this Policy prohibits domestic violence, dating violence, nonconsensual sexual contact, non-consensual sexual penetration, sexual assault, sexual exploitation, and stalking. They are defined as follows:

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. The existence of such relationship shall be determined based on the totality of the circumstances including, without limitation: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.

Domestic Violence: Violence committed by a current or former spouse or intimate partner of the alleged victim; by a person with whom the alleged victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the alleged victim.

Nonconsensual Sexual Contact: Any physical contact with another person of a sexual nature without the person’s consent. Nonconsensual Sexual Contact includes, but is not limited to, the touching of a person’s intimate parts (for example, genitalia, groin, breasts, or buttocks); touching a person with one’s own intimate parts; or forcing a person to touch his or her own or another person’s intimate parts. This provision also includes “Fondling” as defined by the Clery Act.

Nonconsensual Sexual Penetration: Any penetration of the vagina, anus, or mouth by a penis, object, tongue, finger, or other body part; or contact between the mouth of one person and the genitals or anus of another person. This provision also includes “Rape, Incest, and Statutory Rape” as defined by the Clery Act.

Sexual Assault: A term used in the Clery Act to refer to an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

For the purposes of this definition:

1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with person’s property.

2. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Stalking in this Policy pertains to conduct with sexual intent in a dating relationship or attempts at establishing a sexual or dating relationship.

Sexual Exploitation: Occurs when an individual takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited.

Examples of sexual exploitation may include, but are not limited to, the following

1. Invasion of sexual privacy;

2. Prostituting another individual;

3. Non-consensual photos, video or audio of sexual activity;

4. Non-consensual distribution of photo, video or audio of sexual activity, even if the sexual activity or video or audio taken of sexual activity was consensual;

5. Intentional observation of nonconsenting individuals who are partially undressed, naked, or engaged in sexual acts;

6. Knowingly transmitted an STD or HIV to another individual through sexual activity;

7. Intentionally and inappropriately exposing one's breasts, buttocks, groin, or genitals in non-consensual circumstances; and/or

8. Sexually based bullying.

Consent: Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation, or coercion; by ignoring or acting in spite of objections of another; or by taking advantage of the incapacitation of another where the Respondent knows or reasonably should have known of such incapacitation. Minors under the age of 16 cannot legally consent under Georgia law. Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time by a party by using clear words or actions.

3. Discriminatory Harassment and Discrimination

Discriminatory harassment: Unwelcome verbal or physical conduct based on race, color, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status when it is sufficiently severe, persistent, or pervasive to:

1. Unreasonably interfere with the individual’s work or educational performance;

2. Create an intimidating, hostile, or offensive working or learning environment; or

3. Unreasonably interfere with or limits one’s ability to participate in or benefit from an institutional program or activity.

Discrimination: Decision-making based on race, color, sex (including pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status.

Other examples that may constitute discrimination as defined above include, without limitation:

1. Hiring, termination, promotion, salary actions, and other employment decisions based on protected categories, i.e. race, sex, disability, etc.;

2. Assigning grades, or making academic decisions based on protected categories, such as race, sex, disability, etc.; and/or

3. Refusing acceptance or admission to a person with a disability without consideration of accommodations.

4. Non-Discrimination/Anti-Harassment Officer, Title IV Coordinator, Title IX Coordinator, and ADA/Section504 Coordinator

The Director of Human Resources serves as the Non- Discrimination/Anti-Harassment Officer (“NDAH Officer”), the College’s Title VI Coordinator, the College’s Title IX Coordinator, and the College’s Disability Coordinator under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The EOO Officer 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 investigating reports and complaints of discrimination and harassment in accordance with this Policy.