Procedure

PROCEDURE:

Administration and Implementation

• Each college president shall designate one or more officials to serve as the Title IX Coordinator and post contact information for the coordinator and the TCSG's Statement of Equal Opportunity in electronic or written college publications and educational materials as described in the TCSG Usage for Statement of Equal Opportunity (e.g., bulletin boards, the college website, catalogs, student and employee handbooks, orientation materials, and flyers). In addition, the college president will ensure that the designated officials have received appropriate training.
• Instructors/administrators must take ongoing proactive steps to ensure educational opportunities (including classrooms, clinics, labs, programs, etc.) and student activities (clubs, sports, etc.) are accessible and free from sex discrimination or harassment.
• The Compliance Officer will coordinate training programs and monitor the colleges to ensure the correct administration and implementation of this procedure and will ensure that proactive or corrective measures have been taken to prevent sex discrimination and sexual misconduct. In addition, the training materials will be posted on the College's website or made available for members of the public to inspect.
• Colleges must provide sexual harassment and sexual violence prevention training to students and employees and programs for ongoing awareness training as required by VAWA and the Clery Act. As of the effective date of this procedure, colleges have been provided the Haven training modules for this purpose and are required to incorporate the training in new student and employee orientation activities.
• Each Technical College shall publish a list of local sources for counseling, support, and advocacy in conjunction with publishing this procedure. (See attachment for sample format) Individuals who report sexual violence, sexual assault, stalking, or dating/ domestic violence will be provided with and/or referred to the list of resources.
• Reporting and Management Action
• All students are encouraged to report sex discrimination and sexual misconduct incidents against themselves or others to the Title IX Coordinator at the Technical College. The Title IX regulations define “sexual harassment” to include three types of misconduct based on sex which jeopardize the equal access to education that Title IX is designed to protect. These types of misconduct include any instance of quid pro quo harassment by a TCSG and/or college employee; any conduct based on sex that, in the view of a reasonable person, is so severe and pervasive and objectively offensive that it effectively denies a person equal access to a TCSG and/or college education program or activity; and any instance of sexual assault, dating violence, domestic violence, or stalking (collectively "Title IX Prohibited Conduct," as defined in this Procedure). Students may find the Title IX Coordinator's contact information on the Technical College website, the student handbook, and the college catalog. Complaints may also be emailed to unlawfulharassment@tcsg.edu.
• To utilize this procedure, a Complainant must file a Formal Complaint, defined herein as a document filed and signed by a Complainant or filed and signed by the Title IX Coordinator alleging Title IX Prohibited Conduct against a Respondent and requesting that TCSG investigate the allegations. The Title IX Coordinator name and contact information is below.

Mr. Lenzy Reid, Vice President for Student Affairs.

Office              H-774

Phone              706/355- 5029

Email               lreid@athenstech.edu

Address          800 U.S. Highway 29 North, Athens, GA 30601

• Any allegation of sex discrimination, sexual misconduct, or retaliation against employees must be reported to the Human Resources Director and the Title IX Coordinator.
• All allegations of sex discrimination and sexual misconduct on one of Athens Technical College’s campuses or clinical locations must be reported to the Title IX Coordinator regardless of whether the allegations involve students or employees. All students, faculty, staff, and others participating in Athens Technical College programs and activities in the United States are subject to this Title IX Procedure. If the allegations do not fall within the jurisdiction under this procedure, they may be referred and processed under the Student Code of Conduct procedure.
• Students have the right to file (or not file) a criminal complaint for sexual violence with the local law enforcement authorities before, during, or after filing a complaint with the college. The Investigation under this procedure shall not be unreasonably delayed to await the outcome of any criminal investigation. Sexual violence reports to the Title IX Coordinator will be investigated and adjudicated separately from criminal complaints. A student may request that the Title IX Coordinator assist the student with notifying local law enforcement authorities. If Athens Technical College campus law enforcement receives a complaint alleging sexual harassment and/or sexual misconduct as defined in this procedure, the Title IX Coordinator shall be immediately notified so the Title IX Coordinator may take the appropriate action regarding the Complaint.
• A student filing a complaint alleging sexual misconduct may request confidentiality, anonymity, or asks that the Complaint not be pursued. In that case, the Complainant must be aware that the college’s ability to respond may be limited, that retaliation for filing a complaint is prohibited, and that steps to prevent harassment and retaliation will be taken. Consistent with the request, all reasonable steps to investigate and respond to the Complaint will be made, and other steps to limit the effects or recurrence of the alleged misconduct will be taken.
• Regardless of a student’s request for confidentiality, the anonymity of a complaint, or a request that a complaint not be pursued, if the Complaint includes allegations of sexual assault, sexual violence, domestic violence, dating violence, or stalking, the Title IX Coordinator must report the incident to campus law enforcement for inclusion in the College's Annual Security Report (“ASR”). The Complainant should be informed that their name will not be disclosed to campus law enforcement if they have requested confidentiality while processing the Complaint.
• Athens Technical College may weigh a request for confidentiality, anonymity, or a request they not pursue a complaint considering the following factors: the seriousness of the alleged conduct, the Complainant's age, and the Respondent's right to receive information about the allegations if the information is maintained as an “education record” under FERPA. The college must inform the Complainant if the request cannot be granted and the reasons for the denial.
• Reports concerning all prohibited conduct referenced in this procedure will be processed confidentially to the extent permitted by law; communications regarding complaints will be disseminated to others on a need-to-know basis to ensure that necessary steps are taken to protect the community as a whole, and that appropriate corrective actions are considered and taken.
• It may be that an allegation of sex discrimination or sexual misconduct is made to an employee not designated to receive such reports. In that case, the employee receiving the Complaint must report the allegation to the Title IX Coordinator. The college must take corrective actions to stop harassment to its notice, prevent the recurrence of the harassment, and remedy the effects on the Complainant promptly and effectively. The college will be deemed to have noticed if a responsible employee knew, or in the exercise of reasonable care should have known, about the harassment. A responsible employee includes any employee who has the authority to take action to redress the harassment, who must report the harassment to the Title IX Coordinator, or whom a student could reasonably believe has this authority or responsibility, including instructors and staff at the College.
• Any sexual conduct involving individuals under 18 must also be reported as an allegation of child abuse as outlined in O.C.G.A. § 19-7-5.
• Supportive measures will be offered to the Complainant by the Title IX Coordinator or his/her designee before the outcome of an investigation and until the final Resolution of the allegations, if failure to take the interim measures would constitute an immediate threat to the safety and well-being of the Complainant, the Respondent, or other members of the college, or to ensure equal access to the college's programs and activities. Supportive measures may include adjustments to academic workload (including extending deadlines); adjustment to class or work schedules; no contact orders; and suspensions, transfers, or reassignments in order to prevent further harassment, discrimination, sexual violence, or retaliation, to facilitate the Investigation, or to implement preventive or corrective actions under this procedure; informal resolutions or discretionary dismissals.

Discretionary Dismissal.

• TCSG and/or the Athens Technical College may dismiss the Formal Complaint if:
• The Respondent is no longer enrolled or employed by TCSG and/or the college.
• Specific circumstances prevent TCSG and/or the college from gathering sufficient evidence to reach a determination.
• The Complainant informs the Title IX Coordinator in writing that the Complainant desires to withdraw the Formal Complaint or allegations.
• A Complainant may notify the Title IX Coordinator at any time that the Complainant does not wish to proceed with the Investigation and/or Hearing process. If such a request is received, the Title IX Coordinator will inform the Complainant that the TCSG and/or the college’s ability to respond to the allegation may be limited if the allegations are withdrawn.
• The Title IX Coordinator will consider the relevant factors in determining whether to terminate the Investigation and/or Hearing process. If the Title IX Coordinator determines that the Investigation will continue, the Title IX Coordinator will notify the Complainant of that determination. The Title IX Coordinator will include in that notification a statement that the Complainant is not required to participate in the Investigation and/or Hearing process but that the process will continue. If the Title IX Coordinator determines that the Investigation will be terminated, both Parties will be notified.