Title IX

Sexual Assault/ Sexual Misconduct Reporting Options

Reporting Options

Per BOR Policy 6.7.2 (A) Institutional Reports - https://www.usg.edu/policymanual/section6/C2655

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.

If someone has experienced sexual misconduct, they can report directly to the Office of Human Resources & Title IX. Reports filed through this office are separate from any law enforcement reports which may or may not have been filed. Individuals who report to this office will be informed of how to file a report to law enforcement at their request. Individuals also have the right to file a report with the US Department of Education.

Employees: Must report all known information of sexual misconduct to the Title IX Coordinator. Those employees deemed as responsible employees - all administrator, supervisor, student employees, any position of authority other than those classified as confidential or privileged employee must expeditiously report any complaint of sexual misconduct.

How to File a Sexual Misconduct Report?

"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". B.O.R 6.7.2 Reporting Sexual Misconduct

Complete and submit the online form FILE A COMPLAINT

Reach out to the Title IX Coordinator at 404-756-4047

United States Department of Education, Complaint Process

Anonymous Reports

A person's request or wish to not be identified by name. Reports submitted through Title IX/ Sexual Misconduct form can be made anonymously, without disclosing one's name or identifying the Respondent. Note: an anonymous report may reduce AMSC's ability to respond.

Responsible Employees are required to disclose all information regarding sexual misconduct, does not have the ability or authority to submit a report anonymously.

Amnesty

Amnesty - the authority by which pardon is granted; a time during which people are not punished for committing a particular crime.

Individuals should report Sexual Misconduct notwithstanding their choice to consume alcohol and/or use drugs. Information reported by a student during an investigation concerning the consumption of drugs or alcohol will not be used against the particular student in a disciplinary proceeding or voluntarily reported to law enforcement. As appropriate, student may be provided with resources for counseling and education.

Confidentiality

Information communicated to the Office of Human Resources & Title IX or other Responsible Employees will be shared only with AMSC's employees who need to be involved in responding to the report. Relevant information received will be shared with the Complainant, Respondent, and their advisors (if applicable) in the investigation report.

See the link below for Internal Reporting Contacts:
https://www.atlm.edu/administration/duty-to-report.aspx

Accommodations & Interim Measures

Are implemented to address the impact of a reported incident of sexual misconduct and can be implemented at any time once the institution becomes aware of alleged sexual misconduct. Accommodations are provided to individual who is requesting for themselves, such as an individual academic adjustment. Parties may speak with the Title IX Coordinator to determine possible options. Interim measures are designed to protect student or other individual in the USG community; to the extent to minimize the burden on Complainant and Respondent.

Examples of accommodations include:

  • No contact agreements
  • Faculty notifications
  • Course adjustments
  • Restrictions to entering certain institution property
  • Changes to academic or employment arrangement, schedules or supervision
  • Interim suspensions
  • Other measures to promote safety and well-being
Sexual Misconduct Policy
Sexual Misconduct Process

Complaint Intake and Initial Fact Gathering

When the Title IX Office receives a report of sexual misconduct the Title IX Coordinator will reach out to the Complainant (the person experienced the reported misconduct) to go over options to resolve the report, such as:

  • To keep report on file, however decide not to move forward with an investigation
  • Title IX Coordinator speak with Respondent and offer educational, non-disciplinary, non-punitive conversation
  • Resolution through informal resolution before an investigation (Note: all parties must agree and this typically would not result in a finding of misconduct for the Respondent)
  • Resolution through informal resolution after an investigation (Note: all parties must agree and this typically would not result in a finding of misconduct for the Respondent)
  • Accommodations and supportive measures
  • Formal resolution after an investigation through the hearing process

For cases that follow the Title IX procedures under the Sexual Misconduct Policy, the Complainant must indicate in writing to the Title IX Coordinator if they wish to move the investigation phase of the Sexual Misconduct process.

Information Resolution

Agreement the Complainant, Respondent, and institution come to in closing a complaint. There are two points in the Sexual Misconduct process where a report can be resolved through informal resolution: 1) before an investigation begins or 2) after an investigation has taken place. Once informal resolution is reached, it is not appealable.

Investigation

Once an investigation has been requested, or alternatively the Title IX Coordinator has signed a formal complaint, an investigator will be assigned. An investigator is a neutral individual to collect information, text messages, videos, screenshots, etc. from all parties relevant to the investigation.

The investigator will schedule an interview with Complainant. Afterwards a Notice of Investigation will be sent to Complainant and Respondent, which includes the identities of both parties, the alleged conduct, and the date and location of the incident. The Respondent will have an opportunity to respond to the allegation and share information through written statement and/or through a meeting with investigator.

All parties have the opportunity to have a support person or advisor with them during the investigation process. In student Sexual Misconduct cased, the parties can be involved as much or as little as they choose. The investigator will draft and share with both parties an investigation report to summarize information and evidence retrieved to include the warrant of further consideration and adjudication of the alleged violation(s). After a review of the report, both parties can respond, if desired to do so.

Hearing

The Hearing Panel shall be composed of at least three (3) members made up of faculty and/or staff. Neither the Investigator nor a student shall serve on the hearing panel. The Title IX Coordinator will select the hearing panel. If a Sexual Misconduct Hearing is required, the following process will be followed.

  1. The Title IX Coordinator will preside at the Hearing and will rule upon all procedural matters. Information regarding prior misconduct will not be considered for the purpose of determining responsibility, but may after a finding of responsibility has been made, be considered for purposes of determining appropriate sanctions. The Title IX Coordinator may establish reasonable limits upon the time allotted to the Respondent and the Complainant for presentation and presentation of witnesses,
  2. The Title IX Coordinator will communicate prepare and send a written notice to the Respondent and the Complainant no less than five (5) business days prior to the date set for the Hearing. The notice will be delivered personally or sent to the Respondent and the Complainant via official AMSC email and/or emailed through Simplicity.
  3. If the Respondent or the Complainant cannot attend the hearing on the date scheduled for the hearing due to extraordinary circumstances, he/she must notify the Title IX Coordinator with a written request to reschedule, including reasons for the request, no later than three (3) business days prior to the hearing. The Title IX Coordinator and the Hearing Panel will determine whether to approve or deny the request to reschedule the hearing.
  4. If the Complainant does not want to participate in the formal resolution process, the College reserves the right to present the case at the hearing in his/her absence.
  5. Both the alleged victim and respondent shall have the opportunity to present witnesses and evidence to the Hearing Panel. Both parties shall have the right to question any witnesses, including the other party, by submitting written questions to the Title IX Coordinator and/or his or her designee for consideration. Witness testimony, if provided, shall pertain to knowledge and facts directly associated with the current case. Advisors may actively assist in drafting questions. The Hearing Panel shall ask the questions as written, and will limit questions only if they are unrelated to determining the veracity of the charge levied against the respondent(s). In any event, the Panel shall err on the side of asking all submitted questions, and must document the reason for not asking any particular questions.
  6. The Complainant, the Respondent and the Hearing Panel may arrange for witnesses to present pertinent information to the Hearing Panel.
  7. The Title IX Coordinator reserves the right to allow a party to testify in a separate room, when determined to be necessary. Where such a determination is made, special measures must be put in place to ensure no party is unfairly disadvantaged by this procedure. A party must still give testimony in the presence of the Panel, and the opposing party must have the opportunity to view the testimony remotely and to submit follow-up questions.
  8. Similarly, where the Title IX Coordinator determines that a witness or party necessary to the proceeding is unavailable and unable to be present due to exigent circumstances, he or she may establish special procedures for providing testimony from a separate location.
  9. In cases that are unresolved through an informal process after an investigation is complete, a final report will be sent to the Director of Student Conduct. The Director of Student Conduct will communicate with both parties the details of a hearing process. For Title IX procedures under Sexual Misconduct Policy, during the hearing the Complainant and Respondent must have an advisor to conduct cross examination.

In cases that are unresolved through an informal process after an investigation is complete, a final report will be sent to the Director of Student Conduct. The Director of Student Conduct will communicate with both parties the details of a hearing process. For Title IX procedures under Sexual Misconduct Policy, during the hearing the Complainant and Respondent must have an advisor to conduct cross examination.

Sexual Misconduct Process

Sexual Assault Response & Resources

Atlanta Metropolitan State College is committed to providing a safe environment for all members of the College community. If you've experienced unwanted sexual experience, the following resources are available to you.

  • Call 911 or Georgia State University Police department 404-413-3333
  • Call Counseling Services at 404-756-4016
  • Call Student Life Office at 678-623-1248
  • Seek medical attention immediately
  • Report the incident to the Office of Human Resources & Title IX at 404-756-4047

Evidence Preservation: Complainants considering filing a report of sexual misconduct with law enforcement should preserve any evidence of sexual misconduct, including, but not limited to, the following:

  • Clothing worn during the incident including undergarments;
  • Sheets, bedding, and condoms, if used;
  • Lists of witnesses with contact information;
  • Text messages, call history, social media posts;
  • Pictures of injuries; and/or
  • Videos.

Police Department

Atlanta Metropolitan State College - Public Safety Department 404-756-4044
In partnership with Georgia State University Police Department 404- 413-3333

Campus Resources

Timika Boykin, Chief HR Officer and Title IX Coordinator
tboyki@atlm.edu; 404-756-4047

Dr. Dorothy Williams, Director of Counseling and Support Services
dwilliams@atlm.edu; 404-756-4016

Professor Lisa Mallory, Professor of English
lmallory@atlm.edu; 404 756-4700

Tocarro Combs, Director of Student Life and Engagement
tcombs@atlm.edu; 678-623-1248

Dr. Meda Rollings, AVP of Student Success and Special Programs
mrollings@atlm.edu; 678-623-1148

Training & Education

OCR Regulations states the following:

  • The Title IX Rule requires Title IX Personnel to be unbiased and free from conflicts of interest.
  • Title IX personnel include the Title IX Coordinator, Investigators, decision makers, and any person who facilitates an informal resolution.

Schools must ensure that Title IX personnel receive training as follows:

  • On Title IX definition of "sexual harassment,"
  • On the scope of the school's education program or activity,
  • On how to conduct an investigation and grievance process,
  • On how to serve impartially, including by avoiding prejudgment or the facts at issue
  • On how to avoid conflict of interest and bias
  • Decision makers must receive training on technology to used at hearing, on issues of relevance of questions and evidence
  • Investigators must be trained on issues relevant to create and investigative report that fairly summarizes relevant evidence

All material used to train Title IX personnel:

  • Must not rely on sex stereotypes
  • Must promote impartial investigations and adjudications of formal complaints of sexual harassment
  • Must be maintained by the school for 7 years, or applicable due to litigation
  • Must be available on school's website

(§ 106.45(b)(1)(iii) & § 106.45(b)(10)(i)(D))

2023 - Training

  • USG Title IX Training - May 25, 2023

Training Dates

Title IX Coordinator:

Title IX Investigators: