AY23 Academic Catalog/Handbook

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Unlawful Harassment and Discrimination of Students Procedure

It is the purpose of this procedure to ensure that all students within the Technical College System of Georgia (TCSG) and Oconee Fall Line Technical College (OFTC) shall be provided an environment free of unlawful harassment, discrimination, and retaliation.

All students and employees are expressly prohibited from engaging in any form of unlawful harassing, discriminating, intimidating or retaliatory behavior or conduct (“prohibited conduct”) in all interactions with each other, whether or not the interaction occurs during class or on or off campus. Visitors to campuses also shall not engage in prohibited conduct and may be barred for such prohibited conduct if other corrective measures are ineffective. Allegations of prohibited conduct occurring at clinical sites to which students are assigned shall be investigated in accordance with this procedure.

Student complaints regarding sexual harassment, sexual assault, sexual violence, dating violence, domestic violence, sexual exploitation or stalking will be processed in accordance with the Sexual Harassment and Misconduct Procedure.

Any student or employee who has engaged in prohibited conduct will be subject to disciplinary action up to and including expulsion or dismissal. Nothing in this procedure shall be interpreted to interfere with any person’s right to free speech as provided by the First Amendment to the Constitution of the United States of America.

All students are encouraged to report any prohibited conduct. Reports will be treated in an expeditious and confidential manner.

TCSG and OFTC will not tolerate retaliation for having filed a good faith harassment and/or discrimination complaint or for having provided any information in an investigation. Any individual who retaliates against a complainant or witness in an investigation will be subject to disciplinary action, up to and including expulsion or dismissal.

Any individual who knowingly makes a false charge of unlawful harassment/discrimination or retaliation, or who is untruthful during an investigation may be subject to disciplinary action, up to and including expulsion or dismissal.

Employee complaints of unlawful harassment or discrimination shall be conducted pursuant to the process outlined in the procedure governing Unlawful Harassment, Discrimination and Retaliation in Employment.

Related Authority

  1. Title IX of the Educational Amendments of 1972
  2. 20 U.S.C. §§ et seq.
  3. Violence Against Women Reauthorization Act of 2013
  4. Campus Sexual Violence Elimination Act (Campus SaVE)
  5. O.C.G.A. § 19-7-5
  6. Titles VI and VII of the Civil Rights Act of 1964
  7. Age Discrimination Act of 1975
  8. Americans with Disabilities Act of 1990
  9. Americans with Disabilities Amendments Act (ADAAA) of 2008
  10. Rehabilitation Act of 1973, as amended
  11. Genetic Information Nondiscrimination Act (GINA) of 2008

Applicability

All work units and technical colleges associated with the Technical College System of Georgia.

Definitions

  1. Unlawful Harassment (Other Than Sexual Harassment): unlawful verbal or physical conduct that disparages or shows hostility or aversion toward an individual because of that person’s race, color, religion, gender, national origin, age, genetic information, or disability and which:
    1. Has the purpose or effect of creating an objectively and unreasonably intimidating, hostile, or offensive educational environment, or
    2. Has the purpose or effect of objectively and unreasonably interfering with an individual’s educational performance.

      Unlawful harassing conduct or behavior can include, but is not limited to, epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to race, color, religion, national origin, age, genetic information, or disability. Unlawful harassing conduct can include jokes or pranks that are hostile or demeaning with regard to race, color, religion, national origin, age, or disability. Unlawful harassing conduct may also include written or graphic material that disparages or shows hostility or aversion toward an individual or group because of race, color, religion, national origin, age, or disability, and that is displayed on walls, bulletin boards, computers, or other locations, or otherwise circulated in the college community in any format.

      Conduct which threatens, coerces, harasses, or intimidates another person or identifiable group of persons in a manner that is considered unlawful under state and federal laws pertaining to stalking or dating/domestic violence while on college premises or at college sponsored activities, may also be considered unlawful harassment under this procedure.

  2. Unlawful Discrimination: the denial of benefits or admission to the college or to any of its programs or activities, either academic or nonacademic, curricular or extracurricular, because of race, color, religion, age, gender, national origin, genetic information, or disability.
  3. Unlawful Retaliation: unfavorable action taken, unfavorable condition created, or other action taken by a student or employee for the purpose of intimidation that is directed toward a student because the student initiated an allegation of unlawful harassment/retaliation or participated in an investigation of an allegation.
  4. Technical College System of Georgia: all work units and technical colleges under the governance of the State Board of the Technical College System of Georgia.
  5. Employees: any individual employed in a full or part time capacity in any TCSG work unit or technical college.
  6. Visitor: any third party (e.g. volunteer, vendor, contractor, member of the general public, etc.) who conducts business or regularly interacts with a work unit or technical college.
  7. Clinical Site: any off-campus location to which students or faculty are assigned for completion of program requirements including labs, internships, or practicums.
  8. President: the chief executive officer responsible for the management and operation of the technical college where the accused violator is currently enrolled or employed.
  9. Human Resources Director: the highest-ranking employee responsible for the human resources function at a technical college or TCSG work unit.
  10. Local Investigator: the individual(s) at the technical college who is responsible for the investigation of an unlawful harassment, discrimination and/or, retaliation complaint. Local investigators may be assigned based upon the subject matter of the complaint or their function within the organization.
  11. Compliance Officer: the individual designated by the Commissioner to coordinate TCSG compliance with Title IX of the Educational Amendments of 1972 and other state and federal laws governing unlawful discrimination and harassment.
  12. Title IX Coordinator: an individual designated by the president of OFTC to ensure compliance with Title IX of the Educational Amendments of 1972, 20 U.S.C. §§ 1681 et seq., and related federal regulations. The Title IX Coordinator may also be assigned the responsibility for compliance with other state and federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the Department of Education.
  13. Section 504 Coordinator: an individual designated by the president of OFTC to ensure compliance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 as Amended, and any other state and federal regulations governing disabilities; the responsibilities of the 504 Coordinator will include, but may not be limited to, evaluating students requesting accommodations for a disability and ensuring equal access to facilities, services and programs.