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The Georgia Institute of Technology is committed to maintaining a learning environment that is safe and fosters the dignity, respect, and worth of students, faculty, and staff. Each member of the community has the responsibility to practice and to expect the highest ethical principles and standards of conduct. Persons who do not adhere to these principles and standards by the commission of sexual harassment or sexual misconduct damage the community and its members.

This policy addresses the process and procedures for addressing complaints of sexual misconduct committed by students. Discrimination on the basis of sex is prohibited by the Georgia Institute of Technology. This prohibition applies to students, faculty, staff, and all other members of the Institute community. Complaints of sexual misconduct, including but not limited to nonconsensual sexual contact, sexual harassment, stalking, intimate partner violence, dating violence, and retaliation, shall be addressed as provided in Board of Regents Policy 6.

Policy 4. Institution employees who have been deated 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. Confidential Employees may be required to fully disclose details of an incident in order to ensure campus safety.

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 ly given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. 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. Violence committed by a current or former spouse or intimate partner of the alleged victim; by a person with whom the alleged victim shares 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. Whether someone is incapacitated is to be judged from the perspective of an objectively reasonable person.

Individuals employed by the institution to whom a complainant or alleged victim may talk in confidence, as provided by law. Privileged Employees include those providing counseling, advocacy, health, mental health, or sexual-assault related services e. 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.

Those employees who must promptly and fully report complaints of or information regarding sexual misconduct to the Coordinator. Responsible Employees include any administrator, supervisor, faculty member, or other person in a position of authority who is not a Confidential Employee or Privileged Employee. Student employees who serve in a supervisory, advisory, or managerial role are in a position of authority for purposes of this Policy e. Unwelcome verbal, nonverbal, or physical conduct based on sex including gender stereotypesdetermined 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 in violation of Title IX.

Unwelcome verbal, nonverbal, or physical conduct, based on sex including gender stereotypesthat may be any of the following:. 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.

Includes, but is not limited to, such unwanted behavior as dating violence, domestic violence, nonconsensual sexual contact, nonconsensual sexual penetration, sexual exploitation, sexual harassment and 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.

In this case, general information is collected for campus safety statistics without revealing information that would identify the victim. A victim may also report a violation to any other Responsible Employee of the Institute, as defined in this Policy. Certain types of sexual misconduct, as defined by Title IX and its implementing regulations, require the filing of a Formal Complaint in order to trigger an investigation. Board of Regents Policy 6. Victims are encouraged to report as soon as possible. However, the Institute will review all complaints of sexual misconduct. A victim may file a report with Georgia Tech Police Department or local police for a criminal investigation, which may be sought in addition to a Georgia Tech investigation.

Advocates are confidential and available 24 hours per day. A victim may also choose not to file any report. In that case, a victim can still receive support services. The panel of any hearing for an accused student conducted pursuant to this policy shall consist of three members. Panelists shall be ased to the panel by the Office of Student Integrity in alphabetical order from a list of appropriately trained and available Institute employees. The names and titles of persons available to serve as hearing panelists can be accessed here.

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If a party to any student hearing conducted pursuant to this policy wishes to challenge the impartiality of any proposed panelist, the party may do so by making a written request for recusal to the Director of Student Integrity prior to the scheduled date of the hearing. All such requests for recusal shall specifically identify the alleged bias and include evidence in support of the request.

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The Director of Student Integrity shall rule on the request for recusal in writing within a reasonable time. If the Director grants the request for recusal, the recused panelist shall be excused and the next in alphabetical order available panelist shall be ased to the hearing panel. A party who wishes to challenge the impartiality of any official or employee in the student sexual misconduct process may also submit a written request for recusal to the Title IX Coordinator, identifying the alleged bias and supporting evidence.

A decision will then be made to sustain or deny the challenge and, if sustained, a replacement will be appointed, if appropriate. A case referral in the creation of a disciplinary file in the name of the Respondent. Disciplinary records of students found responsible for any charges against them will be retained for at least seven 7 years. Disciplinary records containing records of suspension and expulsion will be permanently retained. This file shall be destroyed if the student is found not responsible for the charges.

The Institute requires a specific written request from the student to release the entire disciplinary record to third parties.

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Resources and Supportive Measures for Victims and Accused Students Campus resources and supportive measures are available to both victims and accused students, where applicable. In certain instances of sexual misconduct, for example rape, it is important for the victim to receive medical attention within the first hours.

This timeframe allows more options for medical assistance and a greater likelihood of collecting evidence if the victim chooses to report the incident. Medical care is still encouraged after hours if the victim has not yet sought care. Local rape crisis centers are available for medical and counseling assistance 24 hours a day. Accused student may also access applicable resources, as well as the services of Student Rights Advocates. VOICE Advocates are available to the student victims 24 hours per day including weekends and holidays.

Additional campus resources for students includes the Office of the Dean of Students. Numerous off-campus services are also available. In addition, a counselor and a member of the Office of the Dean of Students staff are on call 24 hours a day. After hours, staff members are available through the Georgia Tech Police Department ; their assistance may be requested without making a police report. Counseling resources are available for all persons involved in an incident of sexual misconduct.

The aftermath of sexual violence can be devastating to the individuals involved as well as the community. Given the impact on members of the Georgia Tech community, the Institute takes sex harassment seriously and actively works to end it on campus through prevention, advocacy, and educational programs for all incoming students and new employees, as well as ongoing prevention and awareness campaigns for current students and employees.

The most up-to-date campus and community resource information for victims is available at VOICE, www. Office for Civil Rights U. Suite Phone: Printer-friendly version. Effective Date:. July Last Revised:. August Review Date:. Policy Owner:. Contact Name:.

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email: [email protected] - phone:(673) 866-3992 x 9433

Sexual Misconduct