Sexual Misconduct Policy

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

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

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

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 sixteen 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 consent. Consent can be withdrawn at any time by a party by using clear words or actions.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. The existence of such relationship shall be determined based on the totality of the circumstances including, without limitation to: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship.

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.

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

Educational Program or Activity: A location (including the classroom setting), event or circumstances over which the institution exercises substantial control over both the respondent and the context in which sexual harassment or disparate treatment occurs, and includes any building owned or controlled by a student organization that is officially recognized by the institution. Incidents that occur outside of South Georgia State College’s substantial control or in non-college locations but to the institution’s faculty, staff and students, may be covered or processed as sexual misconduct (non-Title IX).

Formal Complaint: A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the institution investigate the allegation of sexual harassment. When filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the school with which the formal complaint is filed. The phrase “document filed by a complainant” means a document or electronic submission (such as by e-mail or through an online portal provided for this purpose by the institution) that contains the complainant’s physical or digital signature or otherwise indicates that the complainant is the person filing the formal complaint. Required under Title IX before an investigation may move forward; not required for all other sexual misconduct reports and investigations.

Incapacitation: The physical and/or mental inability to make informed, rational judgments. It can result from mental disability, sleep or any state of unconsciousness, involuntary physical restraint, status as a minor under the age of sixteen, or from intentional or unintentional taking of alcohol and/or other drugs. Whether someone is incapacitated is to be judged from the perspective of an objectively reasonable person.

Informal Resolution: In Title IX, a voluntary process between parties involved in a sexual harassment or misconduct allegation where a mutually agreed-upon outcome without a formal investigation or hearing, is reached. Its facilitated structured interaction focuses on remedies designed to stop prohibited conduct, prevent its recurrence, and address any harm caused. Matters resolved informally are not appealable. Cases where a student alleges misconduct by an employee cannot be resolved via informal resolution.

Medical Necessity: A determination made by a health care provider that a certain course of action is in the patient’s best health interests.

Nonconsensual Sexual Contact: Any physical contact with another person of a sexual nature without the person's consent. It includes but is not limited to the touching of a person's intimate parts (for example, genitalia, groin, breast, 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.

Privileged Employees: Individuals employed by the institution to whom a complainant or alleged victim may talk in confidence, as provided by law. Disclosure to these employees will not automatically trigger an investigation against the complainant’s or alleged victim’s wishes. Privileged Employees include those providing counseling, advocacy, health, mental health, or sexual-assault related services (e.g., sexual assault resource centers, campus health centers, pastoral counselors, and campus mental health centers) or as otherwise provided by applicable law. Exceptions to confidentiality exist where the conduct involves suspected abuse of a minor (in Georgia, under the age of 18) or otherwise provided by law, such as imminent threat of serious harm.

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

Recipient: Any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person, to whom Federal financial assistance is extended directly or through another recipient and which operates an education program or activity which receives such assistance, including any subunit, successor, assignee, or transferee thereof. 

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

Respondent: An individual who is alleged to have engaged in conduct that violates this policy.

Responsible Employees: Those employees who must promptly and fully report complaints of or information regarding sexual misconduct to the TIX Coordinator. Responsible Employees include any administrator, supervisor, faculty member, or other person in a position of authority for purposes of this policy (e.g., teaching assistants, residential assistants, student managers, orientation leaders).

Retaliation: Retaliation includes, but is not limited to, acts or words that constitute intimidation, threats, or coercion intended to pressure any individual to participate, not participate, or provide false or misleading information during any proceeding under this policy.

Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or for the benefit or advantage of another 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 capturing of the activity was consensual.
5. Intentional observation of nonconsenting individuals who are partially undressed, naked, or engaged in sexual acts.
6. Knowingly transmitting a sexually transmitted infection (STI) to another individual through sexual activity.
7. Intentionally and inappropriately exposing one’s breasts, buttocks, groin, or genitals in non-consensual circumstances; and/or;
8. Sexually based bullying.

Sexual Harassment (student on student): Unwelcome verbal, nonverbal, or physical conduct based on sex (including gender stereotypes), 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 benefit from an institutional education program or activity.

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

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

Sexual Harassment (under Title IX): Conduct on the basis of sex that satisfies one or more of the following:

1. An employee conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or
3. “Sexual assault” as defined by the Clery Act and “dating violence,” “domestic violence,” and “stalking” as defined by the VAWA Amendments.

Sexual Misconduct: Includes, but is not limited to, such unwanted behavior as dating violence, domestic violence, nonconsensual sexual contact, nonconsensual sexual penetration, sexual harassment, and stalking. Sex based misconduct may include unfair treatment or grading in the classroom, sports, admissions, etc., aimed at a group based on their sex.

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 that stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, 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.

Supportive Measures: Individualized services reasonably available that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.

South Georgia State College encourages the reporting of all Sexual Misconduct as soon as possible. While there is no statute of limitations on an institution’s ability to respond to a report, the ability to respond diminishes with time as information and evidence may be more difficult to secure.

6.7.2 (A) Institutional Reports

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

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

Title IX requires those designated as Responsible Employees to report all notice of prohibited sex-based discrimination to the recipient’s Title IX Coordinator. Employees who fail to report Title IX allegations to the Title IX Coordinator in a timely manner are subject to disciplinary action. For this policy's sake, timely manner is within 24-48 hours, barring extenuating circumstances. Responsible Employees must provide a complete report of all information known, to the Title IX Coordinator or their designee. They should not attempt to resolve the situation themselves.

Once the Title IX Coordinator receives a report, prompt contact will be made with the complainant, and the availability of any supportive measures will be discussed. Complaints involving employees will be assigned to the Deputy Title IX Coordinator in Human Resources after the initial intake is completed by the Title IX Coordinator. If the employee is a faculty member, the Provost will be notified if the complaint becomes a formal complaint. The complainant’s wishes, with respect to any supportive measures, will be considered. The process of filing a formal complaint, and all steps thereafter (including informal resolution when applicable), will be explained. Supportive measures are offered regardless of whether a formal complaint is filed. The Title IX Coordinator has the option to sign a formal complaint even if there is a reluctant complainant. If that occurs, the impacted individual remains the complainant in the process; neither the Title IX Coordinator nor the institution will ever be the listed complainant in a Title IX matter. Certain conditions must be met for the Title IX Coordinator to sign a formal complaint on behalf of a complainant. Those include but may not be limited to:

1. the potential for harm to others at the institution.
2. several potential complainants in the same case.
3. several past complaints of similar nature against the same respondent.

If a complainant files a formal complaint, they may use the informal resolution process (assuming the respondent is also a student or all parties are employees; cases involving student complainants and employee respondents cannot be resolved via informal resolution). To do so, all parties involved must agree to that process. Before signing the final agreed-upon terms of the informal resolution, either party can choose to stop that process and proceed with the formal process. The parties would not be allowed to resume the informal process at that point. If terms of an informal resolution are reached and agreed upon, that shall be the final decision in that case, and neither party will have the option to appeal the agreed upon terms. The Title IX Coordinator has the discretion to start or end the informal resolution process.

The Title IX Coordinator will notify the Assistant Vice Chancellor for Student Affairs or their designee of any allegations of sexual misconduct that could, standing alone as reported, lead to the suspension, expulsion, or termination of the respondent(s). The Assistant Vice Chancellor or their designee will work with the institution to determine whether any support services or interim measures are necessary. If an allegation is not initially identified as one that would lead to the suspension, expulsion, or termination of the respondent, but facts arise during the course of the investigation that could lead to the respondent’s suspension, expulsion, or termination, the Title IX Coordinator will notify the Assistant Vice Chancellor or their designee. The Assistant Vice Chancellor or their designee shall have the discretion to oversee the handling of the complaint.

There are multiple ways to report sexual misconduct and Title IX allegations:

1. By emailing the Title IX Coordinator, either Deputy Coordinator, or the Title IX Compliance Officer or other designee.
2. By calling Title IX at 912-260-4375 and speaking with the Title IX Coordinator or designee.
3. By submitting a report via the Title IX and Sexual Misconduct Online Reporting Form. This is the preferred reporting method as all reports will be added to this reporting system.

Additionally, reports can be made confidentially, through law enforcement, and/or anonymously.

6.7.2 (B) Confidential Reports

Confidential Employees or Privileged Employees may receive reports of sexual-based misconduct without the requirement to report that information to the Title IX Coordinator, except as dictated by law or professional standards. Upon request by the complainant, Confidential Employees and Privilege Employees may make a report to the Title IX Coordinator within the degree of specificity dictated by the complainant.

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

6.7.2 (C) Law Enforcement Reports

Because sexual misconduct may constitute criminal activity, a complainant also has the option, should the complainant so choose, of filing a report with campus and/or local police, for the complainant’s own protection and that of the surrounding community. The institution may assist the complainant in reporting the situation to law enforcement officials. Filing a criminal report does not automatically constitute an institutional report. Contact information for the College’s Police Department:
South Georgia State College Police Department
912-384-7675 non-emergency
911 emergency

6.7.2 (D) Anonymous Reports

Anonymous reports can be made through South Georgia State College Police Department’s anonymous tip line or by submitting a report via the University System of Georgia’s Ethics and Compliance Reporting Hotline, or calling their number at 1-877-516-3466.

While anonymous reports may be made to the USG Ethics and Compliance hotline, as well as to the College Policy Department, such reports will likely lessen the ability of the institution to take prompt and fair action in remedying any effects or preventing their recurrence.

6.7.2 (E) Complaint Consolidation

The institution may choose 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.

Parties shall have the opportunity to request or object to the consolidation; however, the institution has the authority to make the final determination. For the purpose of this policy, consolidation may occur during the investigation and/or the adjudication phases of the sexual misconduct process.

6.7.2 (F) Complaint Dismissal

South Georgia State College is permitted, but not required, to dismiss complaints on the following grounds:

1. The alleged conduct, even if proven, would not constitute sexual misconduct.
2. The complainant notifies the Title IX Coordinator in writing that they would like to withdraw the complaint.
3. The respondent is no longer enrolled or employed by the institution. or
4. There are circumstances that prevent the institution from gathering evidence sufficient to reach a determination regarding the complaint. In other words, insufficient evidence may be grounds for dismissal.

The parties shall receive simultaneously written notice of the dismissal and the reason(s) for the dismissal. The parties have a right to appeal against the institution’s decision to dismiss the complaint.

6.7.2 (G) Retaliation

Anyone who has made a report or complaint, provided information, assisted, participated, or refused to participate in any manner in the sexual misconduct and/or Title IX process, shall not be subjected to retaliation. Anyone who believes that they have been subjected to retaliation should immediately contact the Title IX Coordinator or their designee. Any person found to have engaged in retaliation in violation of this policy shall be subject to disciplinary action.

6.7.2 (H) False Complaints

Individuals are prohibited from knowingly making false statements or knowingly submitting false information to a system or institution official. Any person found to have knowingly submitted false complaints, accusations, or statements, including during a hearing, in violation of this policy shall be subject to appropriate disciplinary action (up to and including suspension, expulsion, or termination) and resolved under the appropriate institutional process.

6.7.2 (I) 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 a student during an investigation concerning the consumption of drugs or alcohol will not be used against the student in a disciplinary proceeding or voluntarily reported to law enforcement; however, students may be provided with resources on drug and alcohol counseling and/or education, as appropriate. Nevertheless, these students may be required to meet with staff members in regard to the incident and may be required to participate in appropriate educational program(s). The required participation in an educational program under this amnesty procedure will not be considered a sanction. This amnesty provision does not extend to employees.

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

All Title IX matters must begin with the Title IX Coordinator. However, matters that include both employees and students will be adjudicated through joint efforts by the Title IX Coordinator and HR.

Employee Investigations. All sexual misconduct investigations involving an employee respondent, shall be addressed utilizing both BOR and institutional employment policies and procedures including the Human Resources Administrative Practice Manual’s Prohibit Discrimination & Harassment policy.

Student Investigations. Throughout any investigation and resolution proceedings, a party shall receive written notice of the alleged misconduct, shall be provided with an opportunity to respond, and shall be allowed to remain silent or otherwise not participate in or during the investigation and resolution process without an adverse inference resulting. If a party chooses to remain silent or otherwise not participate in an investigation, the investigation may still proceed, and policy charges may still result and be resolved. Timely and equal access to information gathered during the investigation will be provided to the parties involved.

In no case shall a hearing to resolve charge(s) of sexual misconduct take place before the investigative report has been finalized.

An investigator shall be an individual other than the student conduct officer (or staff member) who adjudicates the incident in question. This individual shall provide an unbiased review of the incident and charges. This individual shall be identified and approved by the chief student affairs officer of a USG institution.

Sexual misconduct and Title IX investigations follow the general outline:

1. The Title IX Coordinator is made aware of the alleged incident.
2. An initial outreach letter is sent through the Maxient conduct system to the named complainant informing them of their rights under Title IX, offering the chance to meet, outlining support services available to them.
3. When a meeting takes place, the complainant has the opportunity to file a formal complaint. Even if they choose not to do so, they are still entitled to support measures.
4. Once a formal complaint is filed, the complainant can pursue an informal resolution (depending on the alleged violation). Assuming a formal investigation is to ensue...
5. A notice of investigation and allegations (NOIA) is sent to the parties involved that explains the allegations, provides definitions, outlines support services available, provides opportunity for the respondent to meet with the Title IX Coordinator, names the investigator, and makes note of the prohibition against retaliation.
6. The assigned investigator works with the Title IX Coordinator to develop an investigation plan to include the scope, potential evidence, potential witnesses, and potential line of questioning.
7. The investigator gathers evidence and conducts interviews. Following this process, an initial report is drafted.
8. The initial report is sent to the parties involved by the Title IX Coordinator. Parties are allowed 10 days to review the report and all evidence collected. They are able to provide written feedback. If any is received, the investigator may conduct additional investigation and/or update the report with an addendum.
9. Following the 10-day review, the final report is sent to the parties along with a hearing notice that includes the names of those who will serve on the hearing panel, the name of the hearing chair, location and time, notice that an advisor will be assigned if they do not have one at that point, a request for a witness list, and information on scheduling a pre-hearing meeting. There must be at least 10 days between the date of the hearing notice and the actual hearing.