Hearings

Format of Hearing:

• Hearings may be conducted with all Parties physically present in the exact geographic location or, at the discretion of the Decision-Maker, any or all Parties, Witnesses, and other participants may appear at the live Hearing virtually, with technology enabling participants simultaneously to see and hear each other.
• At the request of either Party, TCSG will provide for the Hearing to occur with the Parties located in separate rooms with technology enabling the decision-maker(s) and Parties to simultaneously see and hear the Party or the Witness answering questions.

Recording of Hearing:

• Hearings will be transcribed or recorded through audio or audiovisual means, and TCSG and/or the college will make the transcript or recording available to the Parties for inspection and review upon request.

Role of Advisor:

• If a Party does not have an Advisor present at the Hearing, TCSG and/or the college will provide, without fee or charge to that Party, an Advisor of TCSG and/or the college's choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that Party

Role of the Decision-Maker:

• The Decision-Maker will:
  
  • be a professional appointed by the TCSG Commissioner who is experienced and trained in adjudicating matters of civil rights, sexual harassment, and/or sexual violence and trained on this Title IX Procedure;
  • preside over the Hearing and will issue the Written Determination Regarding Responsibility;
  • be identified to the Parties before the Hearing at least three calendar days prior to the Hearing.

 Conflict of Interest:

• No person who has a conflict of interest may serve as the Decision-Maker.
• A conflict of interest exists if the Decision-Maker has prior involvement in or knowledge of the allegations in the case, has a personal relationship with one of the Parties or Witnesses, or has some other source of bias.
• Either Party may assert, in writing, that a Decision-Maker has a conflict of interest.
• A request to recuse a Decision-Maker based on a conflict must be submitted to the Hearing Coordinator within one business day's receipt of the name of the Decision-Maker.
• A determination will be made by the Commissioner or his designee whether a Decision-Maker has a conflict of interest, and if so, an alternate will replace Decision- Maker.

At the Hearing, the Decision-Maker will:

• Permit Cross-examination. At the Hearing, the Decision-Maker will permit each Party’s Advisor to ask the other Party and Witnesses all relevant and follow-up questions, including those challenging credibility. Such cross-examination at the Hearing must be conducted directly, orally, and in real-time by the Party's Advisor of choice and never by a Party personally. The Parties may, however, jointly agree to waive oral cross-examination and submit written cross-examination to the Decision-Maker to conduct the examination. Even if the Parties agree, the Parties are still required to have an Advisor present at the Hearing. The Decision-Maker can restrict the extent to which Advisor may participate in the proceedings.
• Determine Relevance of Questions. Only relevant cross-examination and other questions may be asked of a Party or Witness. Before a Complainant, Respondent, or Witness answers a cross-examination or other question; the Decision-Maker must determine whether the question is relevant and explain any decision to exclude a question as irrelevant.
• Provide Rape Shield Protections for Complainants. The Decision-Maker will prohibit any questions and evidence about the Complainant's sexual predisposition or prior sexual behavior as not relevant unless such questions and evidence about the Complainant's prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant's prior sexual behavior concerning the Respondent and are offered to prove consent.
• Exclude Statements, as Relevant, in Reaching a Determination Regarding Responsibilities. If a Party or Witness does not submit to cross-examination at the live Hearing, the Decision-Maker must not rely on any statement of that Party or Witness in reaching a determination regarding responsibility. The Decision- Maker cannot draw an inference about the determination regarding responsibility based solely on a Party's or Witness's absence from the live Hearing or refusal to answer cross-examination or other questions.

Hearing Process:

• The Title IX Coordinator will be available to answer any questions from the Decision-Maker about the Investigation.
• The Decision-Maker may meet with the Parties and Witnesses to make findings of fact.
• The Parties and Witnesses may not speak to matters beyond the scope of the Hearing File (for example, by raising potential misconduct allegations that go beyond the scope of the charged conduct).
• Parties and Witnesses must not disclose or reference information to the Decision-Maker excluded from the Hearing File.
• The Decision-Maker may ask questions of the Parties and/or Witnesses.
• Parties are permitted to listen to Witnesses as they speak to the Decision-Maker. However, the Decision-Maker is not obligated to speak to all Witnesses.

Written Determination Regarding Responsibility:

• The Decision-Maker shall issue a Written Determination Regarding Responsibility within ten business days of the hearing, applying the Preponderance of the Evidence standard (as required by Georgia law), which shall include:
  • Identification of the allegations potentially constituting Title IX Prohibited Conduct;
  • a description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the Parties, interviews with Parties and Witnesses, site visits, methods used to gather other evidence, and Hearings held;
  • findings of fact;
  • conclusions about whether the alleged Title IX Prohibited Conduct occurred, applying the definitions outlined in this Title IX Procedure to the facts;
  • the rationale for the result as to each allegation;
  • any disciplinary Sanctions imposed on the Respondent;
  • whether Remedies or Supportive Measures will be provided to the Complainant; and
  • information about how to file an appeal. 

• Sanctions:
  • The Decision-Maker may ask the Parties to submit Sanctions statements after the Hearing.
  • The Decision-Maker may consult TCSG and/or College personnel, including the Human Resources Director or Vice President of Student Affairs, regarding any Sanctions and Remedies appropriate to the specific Respondent and Complainant under the circumstances of the case.
  • The Sanction determination will be provided to the Title IX Coordinator, who will be responsible for implementing the Supportive Measures and/or Remedies, including the continuation of any Supportive Measures and/or any additional or ongoing accommodations for both Parties.
• The Title IX Coordinator will send the Written Determination Regarding Responsibility to the Parties.

• The Title IX Coordinator will provide copies of the Written Determination Regarding Responsibility and Sanctions and/or Remedies (if any) to maintain records as follows:

• For students, to the Office of Student Affairs
• For staff, to Human Resources
• For faculty, to the Office of Academic Affairs

• The Decision-Maker must explain decisions on responsibility and Sanctions (if applicable) and Remedies with enough specificity for the Parties to be able to file meaningful appeals.
• Whether Remedies and Sanctions go into immediate effect or are temporarily delayed pending appeal or some combination thereof will be determined case-by-case by the Title IX Coordinator.
• The Written Determination Regarding Responsibility becomes final:

• If an appeal is not filed, the date on which an appeal would no longer be considered timely; or
• If an appeal is filed, on the date that TCSG and/or the College provides the Parties with the written determination of the result of the appeal.

Corrective Actions: 

• Athens Technical College will take all reasonable steps to prevent unlawful retaliation against complainants and other individuals participating in investigations under this procedure.
• If prohibited conduct is determined to have occurred following the Investigation, steps shall be taken to prevent a recurrence and to correct the discriminatory effects on the complaining Party and others as appropriate.
  • Steps may include but are not limited to mandating training or evaluation, disciplinary sanctions, policy implementation, issuing no-contact orders, or reassigning students or employees.
  • Disciplinary sanctions for students are defined in TCSG Procedure governing Student Discipline and may include: reprimand, restriction, disciplinary probation, disciplinary suspension, and disciplinary expulsion.
  • Disciplinary sanctions for employees are defined in TCSG's Positive Discipline Procedure and may include: formal reminders, decision-making leave, or dismissal.
• The severity of sanctions or corrective actions may depend on the severity, frequency, and/or nature of the offense, history of past discriminatory, harassing, or retaliatory conduct, the Respondent's willingness to accept responsibility, previous college response to similar conduct, and the College's interests in performing its education mission.
  • Should recommend disciplinary sanctions involve academic suspension or expulsion, the matter must be referred to the Vice President for Student Affairs, as provided by the College's Student Code of Conduct and Disciplinary Procedure.
• Even in the absence of sufficient evidence to substantiate a finding that sex discrimination, sexual misconduct, or retaliation has occurred, the college will address any inappropriate conduct and take all reasonable steps to prevent future sex discrimination, harassment, sexual violence, or retaliation.
• Under this procedure, individuals responsible for conducting investigations may not also serve as reviewing officials or Decision-Makers in the appeal of sanctions arising from an investigation.

Appeals:

• Appeal of a Written Determination Regarding Responsibility
  • Submission of Appeal
  • Both Parties have the right to an appeal from a Written Determination Regarding Responsibility on the bases set forth below.
  • A Complainant or Respondent may submit an appeal in writing to the Hearing Coordinator, who will forward the appeal to a designated Appeal Officer to decide the appeal.
  • The Appeal Officer will be the Commissioner of TCSG or his designee.
  • Each Party may submit a written appeal of up to 6,000 words, which will be shared with the other Party.    The Parties must submit the appeal to the Commissioner within ten (10) calendar days from the receipt of the Written Determination Regarding Responsibility (if any).
• Grounds for appeal are limited to the following: 
  • Were there any procedural irregularities that substantially affected the outcome of the matter to the detriment of the appealing Party?
  • Was there any substantive new evidence that was not available at the time of the decision or Hearing and that could not have been available based on reasonable and diligent inquiry that would substantially affect the outcome?
  • Did the Title IX Coordinator(s) or Decision-Maker have a conflict of interest or bias for or against Complainants or Respondents that affected the outcome of the matter?
  • For matters that proceeded to Sanctioning and imposition of Remedies, are the Sanction and/or Remedies ones that could have been issued by reasonable persons given the case?

NOTE: In composing appeals, Parties should format their arguments following these four grounds as the organizational structure.

Receipt of Appeal

• Upon receipt of a Party’s appeal, the Hearing Coordinator will share it with the other Party.
• Each Party may submit a response to the other Party’s appeal (no more than 3,000 words).
• Each Party must submit this response to the Commissioner within ten calendar days after the other Party’s appeal has been shared.
• The appealing Party will have access to the other Party’s response to the appeal, but no further responses will be permitted.

Response to Appeal

• The Title IX Coordinator is permitted, but not required, to file a response to a Party’s appeal to respond to concerns relating to procedural irregularities or bias in the Investigation and Hearing process.
• The Title IX Coordinator may submit one response for each Party that files an appeal (that raises a procedural irregularity).
• Each response by the Title IX Coordinator should be no more than 1,500 words.
• The Parties will access the Title IX Coordinator’s response(s) to the appeal, but no further responses will be permitted.

Appeal Decision

• The Appeal Officer will provide the Notice of Outcome of Appeal no later than ten (10) business days after receipt of all appeal documents.
• As needed, the Appeal Officer will consult with the Title IX Coordinator regarding the management of ongoing Remedies.
• The Appeal Officer may reject the appeal in whole or in part, issue a new decision regarding responsibility, issue new or revised Sanctions and Remedies, or refer the matter to a new Decision-maker.