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See Board of Regents Policy Manual Section 401.02 . (Non-Discrimination). Georgia Gwinnett College has a broader policy as follows:
Equal Opportunity, Affirmative Action, Prohibited Discrimination and Harassment Policies and Complaint Procedures
Policies Outline
- Oversight Responsibilities
- Equal Opportunity and Affirmative Action Policy Statement
- Prohibited Discrimination and Harassment
- Federal and State Laws and Definitions
- Filing a Complaint
- Alternative Dispute Resolution
- Formal Investigation
- Investigative Determination Notice
- Appeals
- Retaliation
- False Claims and Statements
- Duty to Cooperate During Investigations
- Disciplinary Actions
- Campus Harassment and Discrimination Policy Statements
- Sexual Harassment Policy
- Amorous Relationships Policy
- Title IX Prohibited Sex Discrimination in Education Policy Discriminatory Harassment Policy
- ADA and Requests for Reasonable Accommodations Policy/Procedure
Oversight Responsibilities
All units within the Georgia Gwinnett College campus community are responsible for compliance with these policies and procedures. The Legal Affairs and Diversity Services Team has been established to oversee the College’s equal opportunity, affirmative action, prohibited discrimination, harassment and related policies, and to investigate complaints of alleged discrimination, harassment, and violations against persons in the protected classes. Establishment of the Legal and Diversity Services Team fosters the College’s interest in promoting a diverse campus and ensuring compliance with applicable federal and state statutes. Questions concerning these policies and procedures should be directed to:
Cedestra Jordan-Chapman, General Counsel & Chief Legal Affairs and Diversity Officer
Telephone: 678.407.5838; or
Danielle McKnight, Legal Affairs and Diversity Services Coordinator
Telephone: 678-407-5049
Equal Opportunity and Affirmative Action Policy Statement
It continues to be the policy of Georgia Gwinnett College to implement affirmative action and equal opportunity for all employees, students and applicants for employment or admission without regard to race, color, creed, religion, national origin, sex, age, sexual orientation, veteran status or disability.
The college’s affirmative action program and related policies are developed in compliance with Executive Orders 11246 and 11375, as amended; Title VI and VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; the Age Discrimination in Employment Act of 1967;the Vietnam Era Veterans Readjustment Assistance Act of 1974, as it amends 38 U.S.C. 4212; the Rehabilitation Act of 1973 (Sections 503 & 504); the Americans with Disabilities Act of 1990 (Title II) and their implementing regulations.
In conformance with the federal regulations listed above, Georgia Gwinnett College does not discriminate against any employee or applicant for employment or against any student or applicant for admission with regard to any opportunity for which the employee or student is qualified.
Georgia Gwinnett College will provide reasonable accommodation to employees, applicants for employment, students, and patrons who have physical and/or mental disabilities, in accordance with applicable statutes. Georgia Gwinnett College will take affirmative action to employ and advance in employment persons who are qualified disabled veterans, veterans of the Vietnam Era, or other covered veterans.
Every member of this college community is expected to uphold this policy as a matter of mutual respect and fundamental fairness in human relations. The policy has the unequivocal support of the Office of the President. All members of the staff, faculty, and student body are expected to ensure that nondiscriminatory practices are followed at Georgia Gwinnett College.
Prohibited Discrimination and Harassment
Georgia Gwinnett College prohibits its faculty, staff and students from engaging in any form of prohibited discrimination or protected status harassment (including sexual harassment), and expects these individuals to refrain from committing acts of bias within the College’s jurisdiction. Such prohibition include, but are not limited to, actions which discriminate, harass, threaten or physically/verbally abuse another individual, with the intent or effect of unreasonably interfering with that person’s work/academic performance, or employment/enrollment opportunity; or creates an intimidating or hostile work/academic environment based on that person’s membership in a protected group.
As an equal opportunity institution, Georgia Gwinnett College is committed to nondiscriminatory practices consistent with federal and state requirements and objectives. Georgia Gwinnett College affirms its commitment to keeping its workplace and academic programs free of discrimination and harassment and maintaining an environment that recognizes the inherent worth and dignity of every person.
Consistent with the College's commitment to equal opportunity, affirmative action, and academic freedom; unlawful discrimination, harassment, and threatening conduct based on race, color, sex, age, sexual orientation, religion, creed, national origin, disability, veteran status or other protected rights under federal and state laws are prohibited.
Equal Opportunity/Affirmative Action Federal & State Laws
EXECUTIVE ORDER 11246 (AS AMENDED BY 11375) - requires affirmative action programs for women and minorities and prohibits job discrimination on the basis of race, color, religion, sex, or national origin.
SECTION 402, VETERANS READJUSTMENT ACT OF 1974- requires affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era and prohibits discrimination based on Vietnam-era veteran status or special disabled veteran status in federally assisted programs.
SECTION 503, REHABILITATION ACT OF 1973 - requires affirmative action to employ and advance in employment, qualified individuals with disabilities and prohibits discrimination based on disability in federally assisted programs.
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (TITLE VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin.
THE EQUAL PAY ACT OF 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (ADEA), which protects individuals who are 40 years of age or older.
TITLE I OF THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA), which prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.
SECTION 501 OF THE REHABILITATION ACT OF 1973, which prohibits discrimination against qualified individuals with disabilities who work in the federal governments.
THE CIVIL RIGHTS ACT OF 1991, which provides monetary damages in cases of intentional employment discrimination.
Under Title VII, ADA, and the ADEA, it is illegal to discriminate in any aspect of employment including: Hiring and firing; compensation, assignment, or classification of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing; use of company facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans, and disability leave; or other terms and conditions of employment.
Title IX of the Education Amendments of 1972, which prohibits sex discrimination against students and employees of educational institutions.
Filing a Complaint
Persons who complain, (hereafter “complainant”) that they are victims of discrimination or harassment are encouraged to use the College’s internal procedures described in this document to resolve complaints. A complainant may also file discrimination or harassment complaints with appropriate state and federal agencies under Title VII and Title IX, in accordance with those agency procedures.
Internal Complaint Procedures
Any employee, student, affiliate, patron or visitor who believes he or she has experienced or witnessed discriminatory, harassing, or threatening behavior should report the incident(s) promptly by notifying the Legal Affairs and Diversity Services Team 678.407.5838 or 5049, or his/her supervisor, or any member of the College’s administration such as a Vice President, academic dean, director, or other College administrator. Regardless of the rank or level of the employee receiving notice of a potential complaint, all personnel shall respond immediately to complaints of discrimination or harassment by notifying the Legal Affairs and Diversity Services Team, when they receive or otherwise become aware of such complaints. Prompt reporting of complaints is vital to the College's ability to resolve the matter.
Failure of a Vice President, dean, director, faculty, other College administrator or staff member to report a complaint which has been brought to their attention to Legal Affairs and Diversity is a violation under this policy, which is subject to sanctions.
In addition to using any of the above options, students who wish to file a complaint may also notify the dean of students or a faculty member, who shall forward the matter to Legal and Diversity Affairs on their behalf.
In the case of violence or the threat of violence, Public Safety 678.407.5333) and/or other appropriate local law enforcement agency should be notified immediately.
Protected Rights Issues-Who Can File a Complaint?
Georgia Gwinnett College employees and students, applicants for employment or admission, and participants in any of the College’s programs may file a complaint on the basis of allegations of unlawfully discriminatory, retaliatory, threatening or harassing behavior, or noncompliance with state or federal antidiscrimination laws, or Board of Regents and University antidiscrimination policies. Such complaints may be filed by either a person who alleges that he or she personally suffered as a result of such behavior, or any person who has knowledge that an individual or any specific class of individuals has been subjected to such behavior.
The complaint should be initiated as soon as possible from the date when the alleged behavior/action occurred or when the complainant first obtained knowledge of the facts of the allegation.
How Will the Complaint Be Handled?
The Legal Affairs and Diversity Services Team is responsible for ensuring compliance with the College's Equal Opportunity, Affirmative Action, and related policies, and will, as appropriate, receive and investigate complaints alleging unlawful discrimination, retaliation or harassment, or failure to comply with state or federal antidiscrimination laws, or Board of Regents and University antidiscrimination policies. All complaints alleging discrimination and harassment, including sexual harassment shall be handled by the Legal Affairs and Diversity Services Department.
Upon initiation of the complaint, the complainant will be asked to complete the complaint form to be signed by the complainant and a member of the Legal Affairs and Diversity Services Team or their designee, where appropriate. A copy of the completed form will be provided to the complainant. A complainant who is unable to put a complaint in writing will be assisted in the process by the Legal Affairs and Diversity Services Team.
Complaints will be investigated in a manner that protects the confidentiality of the parties and the facts of the case to the extent allowed by applicable law, including the Georgia Open Records Act and the Family Educational Rights and Privacy Act (FERPA). A record of each complaint and subsequent related actions will be maintained in the Legal Affairs and Diversity Services Offices.
When authorized by the President, the General Counsel/Chief Legal Affairs and Diversity Officer will initiate a fact-finding process. The first step in the initial processing shall include a determination as to whether Alternative Dispute Resolution (ADR) is appropriate based on the nature of the complaint.
Alternative Dispute Resolution (ADR)
Georgia Gwinnett College can offer mediation, a form of ADR, as a means of resolving conflicts that are within the power of the parties to resolve. In mediation, the two parties discuss their differences in the presence of a neutral third party who acts as a facilitator.
If Alternative Dispute Resolution is appropriate, attempts will be made to resolve the complaint at the lowest level possible and to engage in ADR before initiating formal investigative procedures. A member of the Legal Affairs and Diversity Team shall oversee the ADR process or request that the President appoint a mediator for the matter. If a resolution is reached through ADR, the matter will be deemed resolved, the complaint will be closed, and no further action shall be required. At the determination of the Legal Affairs and Diversity Services Team, ADR may also be introduced at other stages in an investigation if agreed to by both parties to the complaint. If ADR is unavailable based on the nature of the compliant or circumstances, the Legal Affairs and Diversity Team shall commence formal investigative procedures.
Formal Investigation
In cases where ADR is not appropriate or does not generate a satisfactory resolution, the Legal Affairs and Diversity Services Team will notify the President that a formal investigation is necessary; and said formal investigation shall begin no later than 15 business days from the notification of an unsuccessful ADR attempt, absent sufficient justification for delay. The Legal Affairs and Diversity Services Team may choose one of the following courses of actions, at their discretion, based on the circumstances of the particular allegation:
a. Assign a one person lead investigator to handle the formal process; or
b. Convene an Investigative Panel from the Legal Affairs and Diversity Team to investigate the complaint (comprising no less than two (2) and no more than three (3) team members). In instances where members of the legal team are unable to participate, the President may appoint alternates, at his discretion. Once convened, the Investigative Panel will review the preliminary information and determine the investigative schedule for each matter, on a case by case basis. The General Counsel/Chief Legal Affairs and Diversity Officer or her designee will serve as the chair of all Investigative Panels.
The Lead investigator or Investigative Panel Chair will notify all parties and arrange interview schedules. The complainant and the respondent(s) will be interviewed separately by the Legal Affairs and Diversity Services Department, or his /her designee, during which time they should present any information that supports their respective positions. The Legal Affairs and Diversity Services Team, or their designee, may interview other individuals to provide additional information. Witnesses named by either the respondent or the complainant, and others deemed to have information relevant to the charges, may be interviewed in the attempt to discover the facts related to the complaint.
If at any point during the formal investigation, the Legal and Diversity Team feels resolution is possible, the investigation may be interrupted. If the matter is resolved before the investigation is complete, the investigation shall be discontinued and the complaint will be closed with no further action.
In unresolved matters, the investigation shall proceed until full completion and an investigative report with recommendations shall be prepared by the Legal Affairs and Diversity Team and forwarded to the President for review within 30 business days, absent sufficient justification for delay. The General Counsel/Chief Legal Affairs and Diversity Officer will meet with the President within 10 business days of the completion of the report to discuss the recommendations.
Investigative Determination Notice
In all cases, the Legal Affairs and Diversity Services Team will serve as a fact finder and will have authority to make recommendations, but only the President shall have authority to initiate or implement disciplinary action. The President or his designee shall make the determination, and within a reasonable time (no later than 20 days) of the discussion with the Legal Affairs and Diversity Services Team about the report, the President or his designee will notify the complainant, with a copy to the respondent, of the investigative determination reached and, if appropriate, any future course of action. If disciplinary action is to be taken, notification of such should be sent to the respondent with no copy to the complainant. If future compliance measures are implemented as a result of the complaint, the President shall designate the appropriate officer to oversee the necessary actions and to conduct periodic reviews.
The President reserves the right to charge the Legal Affairs and Diversity Services Team with conducting an investigation of a complaint even when no formal complaint has been filed or when a filed complaint is subsequently withdrawn by the complainant. The complaint procedure timelines may also be modified by the President, at his discretion, when presented with appropriate justification; such modifications will be made on a case by case basis and must be reasonable.
Appeals
If an employee or student wishes to request reconsideration of a decision rendered by the President or his designee in a discrimination or harassment complaint matter, he/she must file an appeal (including documentation justifying the reasons for the appeal) with the President’s Office within 10 business days from the date of the decision notice letter. The President will respond to the appeal within 10 business days from the date of receipt. The appeal decision of the President will be the final institutional decision. Further appeals, within the University System of Georgia, where applicable, are governed under the policies and bylaws of the Board of Regents of the University System of Georgia and must be submitted within established timelines in accordance with Board of Regents policy. If a complainant is dissatisfied with the final institutional decision and wishes to appeal to an outside state or federal agency, he/she must do so within their established time limits.
Retaliation and Protection for Participants
Retaliation against a person who expresses a complaint or participates in the complaint review process in good faith is a violation of state and federal laws and may lead to disciplinary action(s), including but not limited to employment dismissal or enrollment suspension/dismissal from the College. Retaliation is prohibited under these policies and procedures.
False Claims and Statements
Falsification of claims, false statements, and false allegations against members of the campus community, in furtherance of these policies or other GGC or USG policies is prohibited, and may lead to disciplinary actions, including but not limited to employment dismissal or enrollment suspension/dismissal from the College.
Duty to Cooperation During Investigations
This policy statement is hereby incorporated to ensure that the employees and students of Georgia Gwinnett College are informed of their responsibility to participate in investigative activities. An employee/student of Georgia Gwinnett College shall cooperate to the fullest extent possible in any internal investigation conducted by the College or the Board of Regents thereof when directed to do so by persons who have been given investigative authority by the President of the institution. Failure to cooperate fully shall be grounds for adverse personnel or enrollment actions, including but not limited to job termination, suspension, or dismissal from the College.
Disciplinary Actions
Investigative findings concerning students under these policies will be forwarded to the Vice President of Academic & Student Affairs and AVP SA for administration of disciplinary actions. Investigative findings concerning faculty and staff under the College’s discrimination and harassment policies will be forwarded to the President and to the applicable Vice President, where appropriate. If disciplinary actions are recommended, the President’s decision shall govern. In accordance with Board of Regents policy, the College grievance procedures are not available for appeal of investigative findings and disciplinary decisions resulting from actions taken in accordance with the College’s harassment/discrimination policies. For further guidance, refer to the Appeals section of this Policy.
Campus Discrimination and Harassment Policy Statements
Sexual Harassment Policy Statement
Sexual harassment of any member of the College community is prohibited. Sexual harassment is a form of unlawful discrimination. It violates federal and state laws, and Board of Regents’ policies, which provide that it shall be an unlawful discriminatory practice for any employer to fail or refuse to hire, or discharge, or otherwise discriminate against any person with respect to any matter directly or indirectly related to employment (or academic standing) because of the individual's sex.
It is the policy of Georgia Gwinnett College to respond promptly to complaints of sexual harassment. This policy extends to members of the College’s student body, faculty and staff, and participants in the College’s programs, and applies whether the harasser is a member of the College’s student body, faculty, staff, or a provider of service to the College.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made explicitly or inexplicitly a term or condition of an individual’s employment or academic standing; or
- Submission to or rejection of such conduct by an individual is used as a basis for an employment or academic decision affecting such individual; or
- Such conduct unreasonably interferes with an individual's work or academic performance, or creates an intimidating, hostile, or offensive working or academic environment.
Sexual Harassment most frequently occurs when a person in authority harasses someone with less power, e.g., faculty member and student, administrator and faculty member, supervisor and staff member. However, it is possible for a person with less power to harass a person in authority. Sexual harassment may also take place between persons of the opposite sex, or between persons of the same sex.
In some circumstances, sexual harassment may involve a pattern of conduct (not legitimately related to the subject matter of an academic course or function of a job) that causes discomfort or humiliation, or both through one or more actions. Some examples include: 1. sexual innuendos; 2. sexually explicit statements; 3. questions; 4. jokes or anecdotes; or 5. posting of nude/sexually exposed pictures or drawings.
An isolated comment usually does not meet the hostile environment definition of sexual harassment. Hostile-environment harassment usually requires repeated instances of offensive behavior.
Georgia Gwinnett College will conduct a thorough and confidential investigation of all complaints of sexual harassment. Any act of sexual harassment will subject the offender to disciplinary actions, including but not limited dismissal.
In order that the College can take corrective measures to end the harassment, persons who feel that they have been subjected to sexual harassment, and persons who may have knowledge of sexual harassment, should follow the complaint filing procedures outlined above except that allegations filed by students may also be initiated by filing a report with the Dean of Students, faculty member, or other College administrator, who will promptly notify the Legal Affairs and Diversity Team.
For more information about the procedures for reporting sexual harassment, contact Legal Affairs and Diversity Services at (678) 407-5838 or 5049.
Amorous Relationships Policy Statement
This Policy is intended to provide direction to the College community about the potential professional risks associated with even consensual amorous relationships between members of the campus community. This policy is not intended to preclude couples from working together as long as there are no supervisory or evaluative oversight duties. Georgia Gwinnett is committed to providing a harassment free environment for all faculty, staff and students. A sense of fairness by supervisors and teaching faculty is a fundamental prerequisite for fulfilling the College mission. In accordance with this Policy, the individual in authority bears the responsibility for the consequences resulting from an amorous relationship. When one party has a professional relationship towards the other, or stands in a position of authority over the other, even an apparently consensual amorous relationship may lead to sexual harassment or other breaches of professional obligations.
Georgia Gwinnett College prohibits all faculty, staff and administrators, including teaching assistants, interns, externs, tutors etc., from pursuing or accepting advancements for amorous relationships with students whom they currently supervise, teach or with whom a professional power/status advantage could potentially exist. This prohibition also includes, but is not limited to, students whom they are mentoring, advising, tutoring, or working with through student clubs, student publications, student affairs projects and initiatives, enrollment management and/or other campus related functions, programs, and activities.
Georgia Gwinnett College also strongly discourages amorous relationships between faculty or administrators and interns/externs or other professional/graduate students from other areas who may be completing service requirements on our campus and employees whose work they supervise, influence, or review.
Requirement to Disclose Amorous Relationship
Anyone with a current or past involvement in an amorous relationship with someone over whom he or she has supervisory/instructional power or influence over their work or scheduling of their assignments, must recuse himself or herself from decisions that could affect the compensation, assignment, evaluation, scheduling, other employment conditions, or instruction/academic status of the subordinate involved.
If a situation arise in which parties who are or have been involved in any amorous relationship comes into a position in which they would normally be called upon to review, recommend, or evaluate one another, the individual in authority must promptly report this fact to his or her supervisor. The supervisor will then make arrangements to see that those who are or have been involved in any amorous relationship do not evaluate each other. In particular, if a faculty member has had or comes to have an amorous relationship with a student over whom the faculty member has authority as described above, the faculty member must promptly report this to the dean who will make arrangements for an alternate evaluation mechanism. Should the individual in authority fail to promptly report an amorous relationship with a person the individual in authority evaluates, the individual in authority has violated College policy and is subject to disciplinary action.
Further, people in positions of authority within the College community must be sensitive to the potential for conflict of interest as well as sexual harassment in amorous relationships with people over whom they may have a professional power/status advantages.
Complainants who feel they are victims under this policy should follow the complaint filing procedures outlined above except that students may also contact the Dean of Students, who will notify the General Counsel/Chief Legal Affairs and Diversity Officer.
For more information about the procedures for reporting potential violations, contact Legal Affairs and Diversity Services at 678.407.5838 or 5049.
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