It is the purpose of this procedure to ensure that all students within the Technical College System of Georgia (TCSG) shall be provided an environment free of unlawful harassment (including sexual harassment and sexual violence), 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 from campus for such prohibited conduct. Allegations of discrimination, harassment or retaliation, occurring at clinical sites to which students are assigned shall be investigated in accordance with this 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 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.
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.
All work units and technical colleges associated with the Technical College System of Georgia.
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:
Sexual Harassment (a form of unlawful harassment): unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, written, electronic or physical conduct of a sexual nature when:
Sexual Violence (a form of unlawful harassment): physical sexual acts perpetrated against a
person's will or where a person is incapable of giving consent, including but not limited to sexual
assault, rape, sexual battery, and sexual coercion. All acts of sexual violence are considered unlawful sexual harassment, regardless of gender, for purposes of this procedure.
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.
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.
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.
Employees: any individual employed in a full or part time capacity in any TCSG work unit or technical college.
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.
Clinical Site: any off-campus location to which students or faculty are assigned for completion of program requirements including labs, internships, or practicums.
President: the chief executive officer responsible for the management and operation of the technical college where the complainant and/or accused violator are enrolled or employed.
Human Resources Director: the highest ranking employee responsible for the human resources function at a technical college or TCSG work unit.
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.
Compliance Officer: the individual designated by the Deputy 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 and educational access by disabled individuals.
Title IX Coordinator: an individual designated by the president of the college to ensure compliance with Title IX of the Educational Amendments of 1972, 20 U.S.C. Â§Â§ 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 U.S. Department of Education.
Section 504 Coordinator: an individual designated by the president of the college 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