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UNG encourages the reporting of all Sexual Misconduct as soon as possible. An institutional report occurs when the University has notice of a complaint. That notice occurs in two instances:.

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Any individual may make a report, but the University does not have notice of the report until information is known to a Responsible Employee or the Title IX Coordinator. That Responsible Employee must provide a complete reporting of all information known to them to the Title IX Coordinator. Responsible Employees informed about Sexual Misconduct allegations should not attempt to resolve the situation, but must notify and report all relevant information to the Title IX Coordinator as soon as practicable.

Title IX regulations require special handling of complaints of sexual harassment, as defined in the regulations and listed below. Unless expressly mentioned in this section, other provisions of this Policy shall apply to all alleged Sexual Misconduct. All Sexual Misconduct hearings, sanctions, and appeals involving a student Respondent, shall follow the hearing and resolution process set forth in this Policy and BOR Policy Section 4. If you require the content on this web in another format, please contact the ADA Coordinator. Home :: Policies :: Sexual Misconduct. Complainant: An individual who is alleged to have experienced conduct that violates this policy.

Confidential Employees : 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. 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 ly 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 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.

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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 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 standard.

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.

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Privileged Employees: Individuals employed by the University 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.

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

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Sexual Harassment Student on Student : 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 a University education program or activity. UNG 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 University education program or activity in violation of Title IX.

Sexual Misconduct: 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. 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. Substantial emotional distress means ificant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.

Title IX Coordinator : The deated University official with primary responsibility for coordinating the University's compliance with Title IX and other federal and state laws and regulations relating to sex-based discrimination. University Community: Students, faculty and staff, as well as contractors, vendors, visitors, and guests.

The University is committed to ensuring the highest ethical conduct of the members of its community by promoting a safe learning and working environment. To that end, this Policy prohibits Sexual Misconduct, a form of sex discrimination, as defined herein. When Sexual Misconduct does occur, all members of the University Community are strongly encouraged to report it promptly through the procedures outlined in this Policy. That notice occurs in two instances: When a Responsible Employee receives a complaint; or When the Title IX Coordinator or their deee receives a complaint.

The Title IX Coordinator receives reports of Sexual Misconduct and directs investigations into the allegations contained in those reports. Upon request by the Complainant, Confidential Employees and Privileged 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 institution staff member who is otherwise obligated by law i.

The University may assist the Complainant in reporting the situation to law enforcement officials.

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Filing a criminal report does not automatically constitute an institutional report. Anonymous Reports Individuals may report incidents of alleged Sexual Misconduct anonymously. Individuals should understand, however, that it will be more difficult for the University to respond and to take action upon anonymous reports. Complaint Consolidation The University may 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 University shall have the authority to make the final determination. Complaint Dismissal The University is permitted, but not required, to dismiss complaints on the following grounds: The alleged conduct, even if proved, would not constitute sexual misconduct; The Complainant notifies the Title IX Coordinator in writing that they would like to withdraw the complaint; The Respondent is no longer enrolled or employed by the University; or There are circumstances that prevent the institution from gathering evidence sufficient to reach a determination regarding the complaint.

The parties shall receive simultaneous written notice of the dismissal and the reason s for the dismissal.

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Retaliation Anyone who has made a report or complaint, provided information, assisted, participated or refused to participate in any manner in the Sexual Misconduct Process, shall not be subjected to retaliation. Anyone who believes they have been subjected to retaliation should immediately contact the Title IX Coordinator.

Any person found to have engaged in retaliation in violation of this Policy shall be subject to disciplinary action. Any person found to have intentionally submitted false complaints, accusations, or statements, including during a hearing, in violation of this Policy shall be subject to appropriate disciplinary action and adjudicated under the appropriate Student Conduct or Human Resources policy.

Amnesty A student may request amnesty from disciplinary action under the Code of Student Conduct related to alcohol or drug use when reporting an incident of sexual misconduct to University officials and the incident occurred while the student was using alcohol or drugs. Nothing in this amnesty provision shall prevent an institution staff member who is otherwise obligated by law the Clery Act to report information or statistical data as required.

Support Services Once the Title IX Coordinator has received information regarding an allegation of Sexual Misconduct, the parties will be provided written information about support services. Support services are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without charge that are made available to the Complainant and Respondent before or after the filing of a complaint or where no complaint has been filed.

Interim Measures Interim measures may be implemented at any point after the University becomes aware of an allegation of Sexual Misconduct to protect the alleged victim and the University Community. Such measures are deed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures deed to protect the safety of all parties or the campus community, or deter Sexual Misconduct and retaliation. Interim measures must be provided consistent with the provisions in applicable Board and institutional policies and procedures.

Emergency Removal Emergency removal should only occur where necessary to maintain safety and should be limited to those situations where the Respondent poses a serious and immediate danger or threat to persons or property. In making such an assessment, the University shall consider the existence of a ificant risk to the health or safety of the Complainant or the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to ificantly mitigate the risk.

Jurisdiction The University will take necessary and appropriate action to protect the safety and well-being of the University Community. Sexual Misconduct allegedly committed is addressed by this Policy when the misconduct occurs on University property, or at University-sponsored or affiliated events, or off-campus, as defined by other Board of Regents or University conduct policies. The advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the Sexual Misconduct process, including providing questions, suggestions and guidance to the party, but may not actively participate in the process except as outlined in BOR 6.

All communication during the Sexual Misconduct process will be between the institution and the party and not the advisor. Informal Resolutions Allegations of Sexual Misconduct may be resolved informally. The Complainant, the Respondent, and the University must agree to engage in the informal resolution process and to the terms of the informal resolution. The Complainant s and the Respondent s have the option to end informal resolution discussions and request a formal process at any time before the terms of an informal resolution are reached. However, matters resolved informally shall not be appealable.

Timeframe Efforts will be made to complete the investigation and resolution within business days. Temporary delays and limited extensions may be granted by the University for good cause throughout the investigation and resolution process. The parties will be informed in writing of any extension or delay and the applicable reason. The University shall keep the parties informed of the status of the investigation. Jurisdiction Alleged misconduct is addressed by Title IX when the misconduct occurs against a person in the United States on University property, or at University-sponsored or affiliated events where the University exercises substantial control over both the Respondent and the context, or in buildings owned or controlled by a student organization that is officially recognized by the University.

Formal Complaints A Formal Complaint is a written document filed by the Complainant or ed by the Title IX Coordinator alleging sexual harassment, as defined by Title IX and its implementing regulations, against a Respondent and requesting that the University open an investigation. In order to file a Formal Complaint, the Complainant must be participating in or attempting to participate in the education program or activity of the University occurring within the United States at the time of the filing. Informal Resolution Formal Complaints may be resolved informally, except in the instance of an allegation by a student against an institution employee.

The following must be met in order to proceed with the informal resolution process: The parties have received written notice of the allegations. The parties have received written explanation of the informal process to include, but not limited to: Written agreement of the parties to initiate the informal resolution process; Written notice that the parties may withdraw from the process at any time prior to the agreement of the terms of the resolution; Written notice that the final resolution precludes any further institutional actions on the allegations.

The University has agreed to engage in the informal resolution process. The advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the Sexual Misconduct process but may not actively participate in the process except to conduct cross-examination at the hearing. If a party chooses not to use an advisor during the investigation, the institution will provide an advisor for the purpose of conducting cross-examination on behalf of the relevant party.

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