Title IX Process and Procedures

The College's complaint process, outlined herein, is the procedure typically used to investigate complaints or reports of discrimination and harassment, end any discrimination or harassment, remedy the effects of discrimination and harassment, and prevent any recurrence or retaliation.

This process is in alignment with the USG's policy.

Receive Report

Receive Report

Title IX reporting options generally involve reporting instances of sex or gender-based discrimination, sexual harassment, and sexual violence to the Title IX Coordinator. These reports can be made through various channels, including online forms, in-person meetings, or by contacting the Title IX Coordinator directly. An institution is required to act when it becomes aware of a sexual misconduct complaint.

Interim Protective Measures

Title IX accommodations and interim measures are essential in ensuring a safe and supportive environment for individuals affected by sexual misconduct. These measures can be implemented at any time once an institution becomes aware of an allegation. They aim to protect students and other members of the community while minimizing the burden on both the complainant and the respondent.

Some common measures include:

  • No contact agreements to prevent interactions between involved parties.
  • Faculty notifications to ensure academic support.
  • Course adjustments to accommodate affected students.
  • Restrictions on entering certain institution properties for safety.
  • Changes to academic or employment arrangements, schedules, or supervision to provide necessary support.
  • Interim suspensions when deemed necessary.
  • Other measures designed to promote safety and well-being.

Intake

The intake process for allegations ensures that complaints are handled fairly and efficiently. The intake administrator plays a crucial role in gathering information and guiding parties involved through their options.

Key Steps in the Intake Process:

  • Initial Intake Interview: Collects details about the alleged behavior and provide access to policy and supportive resources.
  • Policy Assessment: If the allegations do not fall under the policy, the parties involved are referred to appropriate College or off-campus resources.
  • Notification to Parties involved: If the allegations do fall under the policy, parties are informed of the complaint and given access to the policy.
  • Non-Retaliation: All parties are informed of the College's stance against retaliation.

Informal Process

The informal resolution process provides a way to address complaints through non formal means such as awareness, education, and facilitated discussions rather than formal investigations. It is a voluntary process that requires agreement from the complainant, respondent, and the Title IX Coordinator. In matters where an employee is involved Human Resources handles.

Key Aspects of Informal Resolution:

  • Fact-finding occurs only to the extent necessary to resolve the conflict
  • The goal is to find solutions that satisfy all parties and maintain a safe College environment.
  • Either party can end the informal process at any time and request a formal investigation.

Possible Informal Resolutions:

  • Training and Education to prevent future misconduct.
  • Changes to work or academic arrangements to accommodate affected individuals.

Formal Process

AThe formal resolution process ensures a thorough investigation. An assigned investigator leads the process, gathering evidence and maintaining confidentiality. This process ensures fairness and compliance.

Key Steps in the Formal Process:

  • Informing Complainants and Respondents: Both parties are made aware of their rights, policy, and supportive services.
  • Gathering Evidence: The investigator collects relevant information.
  • Interviewing Witnesses: Attempts are made to obtain statements from identified witnesses.
  • Documentation: Proper records are maintained throughout the investigation.
  • Report: A report of the investigation is prepared and issued the Complainant and Respondent allowing 10 days for each party to review and respond.
  • In matters where an employee is involved Human Resources handles.
  • Confidentiality: Information is disclosed only on a need-to-know basis.

Hearing

The Sexual Misconduct Hearing Panel plays a crucial role in ensuring a fair and structured resolution process under Title IX procedures. The panel consists of at least three faculty or staff members, selected by the Title IX Coordinator, with neither the investigator nor students serving on the panel.

Key Aspects of the Hearing Process:

  • Title IX Coordinator's Role: Presides over the hearing, rules on procedural matters, and ensures fairness.
  • Notification: Both the complainant and respondent receive written notice at least five business days before the hearing.
  • Rescheduling Requests: Must be submitted three business days before the hearing, with approval determined by the Title IX Coordinator and the Hearing Panel
  • Participation: If the complainant chooses not to participate, the college may still present the case.
  • Presentation of Evidence: Both parties can present witnesses and evidence and submit written questions for cross-examination.
  • Testimony Procedures: Special accommodations may be made for testimony in separate rooms or remote participation if necessary.
  • Final Report: A final report is sent to the Director of Student Conduct, who then communicates the hearing details to both parties.
  • In matters where an employee is involved Human Resources handles.

Remedies

Where a violation of Policy is determined to have occurred, the College will take timely action to remedy the effects.

Sanctions

Sanctions for violations of Policy vary based on the severity of the misconduct, the weight of the evidence, and the need to maintain a safe and respectful environment.

Possible Sanctions:

For Students: Disciplinary actions may align with the AMSC's Student Code of Conduct, which could include warnings, probation, suspension, or expulsion.

For College Employees: Consequences may range from training and written warnings to transfer, suspension, or termination depending on the nature of the violation.

Appeals

Students: Either party may submit an Appeal based on the following:

  • Procedural Error
  • New Evidence
  • Conflict of Interest
  • Inappropriate Sanction

Employees: Refer to the Employee Handbook and University System of Georgia policy