Grievance process for the sexual misconduct policy
The process that the Savannah College of Art and Design (the “University”) adheres to for investigating and responding to Complaints of violations of the Sexual Misconduct Policy (the “Policy”), including the procedures related to the provision of Supportive Measures and imposition of disciplinary measures against an individual alleged to be responsible for a violation, is set out in this Grievance Process for the Sexual Misconduct Policy (the “Grievance Process”).
Unless resolved through Informal Resolution, the University will investigate the allegations in any Complaint in a prompt, fair, and impartial manner, with one or more internal or external Investigators. Following the investigation, a determination regarding responsibility will be made in accordance with the Grievance Process. If there is a determination of responsibility, the University will determine sanctions and remedies as appropriate. The Grievance Process provides for an appeals process.
The definitions in Appendix A are incorporated into the Grievance Process.
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Burden of Proof
The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the University and not on the parties.
It is presumed that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Grievance Process.
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No Conflicts of Interest
The TIX Coordinator(s) will perform their duties neutrally and without conflict of interest or bias. Any individual designated as an Investigator, Decision Maker(s) (including Hearing Officers, Sanctioning Officers, and Appeal Officers), or any person designated to facilitate the Informal Resolution process, may not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
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Interim Suspension/Emergency Removal
The University may remove a Respondent who is a Student from the Education Program or Activity on an emergency basis in accordance with applicable student conduct code provisions. As required by Title IX, before doing so in cases alleging Sexual Misconduct (as defined by the Policy), the University must undertake an individualized safety and risk analysis, determine that an immediate threat to the physical health or safety of any Student or other individual arising from the allegations of Sexual Misconduct justifies removal, and provide the Student Respondent with notice and an opportunity to challenge the decision immediately following the removal.
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Administrative leave
Section 812 of the Staff Handbook and the Faculty Handbook provide procedures for placing an Employee on administrative leave during the pendency of an Investigation or Grievance Process.
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Advisors
The parties have the opportunity to be accompanied to any meeting or Proceeding by one (1) Advisor of their choice. The University will not limit the choice or presence of an Advisor for either party in any meeting or Proceeding, except that the Advisor may not be a party or witness or an individual who would otherwise create a conflict of interest. The Advisor may not actively participate in interviews and may not serve as a proxy for a party. The parties may consult with the Advisor in drafting any written submissions that are allowed under the Policy; the written submission, however, must be from the Complainant or Respondent, and not the Advisor. Advisors must comply with any rules of decorum set forth by the University. Any violation of University policies committed by the Advisor may lead to the exclusion of the Advisor from the Grievance Process.
At the live hearing, each party’s Advisor will conduct cross-examination on behalf of the party, as described in Section XII.4. If a party does not have an Advisor present at the live hearing, the University will provide without fee or charge to that party, an Advisor of the University’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.
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Notice of Complaint
Upon receipt of a formal Complaint, the University will provide the following written notice to the parties identified in the Complaint:- Notice of the University’s Grievance Process, including the Informal Resolution process.
- Notice of the allegations of Sexual Misconduct, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sexual Misconduct, and the date and location of the alleged incident, if known.
- Notice that, under the Grievance Process, the Respondent is not treated as responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Grievance Process.
- Notice to the parties that they may have an Advisor of their choice and may inspect and review evidence.
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Notice of the provision in the applicable Grievance Process consistent with Section XV, below, that prohibits knowingly making false statements or knowingly submitting false information during the Grievance Process.
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Dismissal of Complaint
If the conduct alleged in the Complaint would not constitute Sexual Misconduct, if proved, then the Complaint must be dismissed by the TIX Coordinator(s), but the University may still address the conduct under other provisions of its policies and codes of conduct, as applicable. If the conduct alleged in the Complaint did not occur in the University’s Education Program or Activity or did not occur against a person in the United States, then the University must dismiss the Complaint with regard to that conduct for purposes of Title IX Sexual Harassment, but such a dismissal does not preclude action under another provision of the Policy or any other code of conduct, as applicable. The University may dismiss a Complaint or any allegations therein, if at any time during the investigation or hearing: a Complainant notifies the TIX Coordinator(s) in writing that the Complainant would like to withdraw the Complaint or any allegations therein; the Respondent is no longer enrolled or employed by the University; or specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Complaint or allegations therein. Upon dismissal, the University will promptly send written notice of the dismissal and the reason(s) simultaneously to the parties as well as procedures related to appeal.
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Consolidation of Cases
The University may, at the discretion of the TIX Coordinator(s), consolidate Complaints as to allegations of Sexual Misconduct against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Sexual Misconduct arise out of the same facts or circumstances. Where a Grievance Process involves more than one Complainant or more than one Respondent, references in the Policy and Grievance Process to the singular “party,” “Complainant,” or “Respondent” include the plural, as applicable.
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Notice of Meetings and Timeframes
The University will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.
The University will establish reasonably prompt timeframes for conclusion of the Grievance Process, including reasonably prompt timeframes for filing and resolving appeals and Informal Resolution processes. The University seeks to resolve all Complaints generally within 120 business days of the filing of the Complaint. All time frames expressly outlined in the Policy and this Grievance Process are meant as guidelines rather than rigid requirements. At the discretion of the University, the Grievance Process may be temporarily delayed and limited extensions of timeframes may be granted for good cause shown with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action. Good cause may include, but is not limited to, considerations such as the absence of a party, Advisor, or a witness; concurrent law enforcement activity; the need for language assistance or accommodation of disabilities; exam periods; or breaks in the University’s calendar. No party may unreasonably delay the Grievance Process due to unavailability of an Advisor.
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Informal Resolution
With the exception of allegations that an Employee engaged in Sexual Misconduct against a Student, the University may, at any time prior to reaching a determination regarding responsibility after the filing of a Complaint, facilitate a voluntary, Informal Resolution process that does not involve a full investigation and adjudication, provided that the following conditions are met:- Notice: The University will provide to the parties a written notice disclosing: the allegations; the requirements of the Informal Resolution process including the circumstances under which it precludes the parties from resuming a Complaint arising from the same allegations; the right of any party to withdraw from the Informal Resolution process and resume the Grievance Process with respect to the Complaint prior to agreeing to a resolution; and any consequences resulting from participating in the Informal Resolution process, including the records that will be maintained or could be shared.
- Timely and Equal Access: The University will provide timely and equal access to the Complainant, the Respondent, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings.
- Voluntary Consent: The University will obtain the parties’ voluntary, written consent to the Informal Resolution process.
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Timeframe: Informal Resolution will generally be completed within approximately 60 business days of the parties’ agreement to participate in Informal Resolution, but the University may extend the timeframe for good cause.
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Formal Investigation Process
Sexual Misconduct investigations will involve an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness. The parties will have an equal opportunity to present witnesses and other inculpatory and exculpatory evidence. The University will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence, as long as such conduct is not harassing or retaliatory.- Review of Evidence: The University will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Complaint. This includes the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. Prior to completion of the investigative report, the University will make available to each party and each party’s Advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have 10 business days to submit a written response, which the Investigator will consider prior to completion of the investigative report. At the discretion of the Investigator, additional investigative steps may be taken in light of the parties’ written responses.
- Medical Records: The University will not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the University obtains that party’s voluntary, written consent to do so.
- Past Sexual History: Evidence about the Complainant’s sexual predisposition or prior sexual behavior is not relevant, unless (1) questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or (2) the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
- Privilege: The University will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
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Investigative Report: At the conclusion of the investigation, the Investigator will create an investigative report that fairly summarizes relevant evidence. At least ten (10) business days prior to a hearing, the University will send to each party and each party’s Advisor, if any, the investigative report in an electronic format for their review and written response.
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Decision-Making Process
After an Investigation of a Complaint, the following procedures apply:- Notice of Decision-Making Process: After the investigation is complete, the TIX Coordinator(s) will send to each party and each party’s Advisor, if any, a notice and description of this decision-making process and the expected timeframe for the process.
- Standard of Evidence: The standard of evidence for all cases of Sexual Misconduct is preponderance of the evidence, which means whether it is more likely than not that Sexual Misconduct occurred.
- Production of Evidence: All evidence subject to the parties’ inspection and review at the conclusion of the investigation will be available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.
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Live Hearings: The University will provide a live hearing, which can be accomplished remotely using technology. At the live hearing, the Hearing Officer(s) will provide the parties with an opportunity to make an opening statement, including statements about the impact of the matter on them and the requested sanctions or remedies, as applicable. The Investigator(s) will be a witness at the hearing. While all parties and witnesses are strongly encouraged to participate in the live hearing, no individual is required to attend. The Hearing Officer(s) cannot draw an inference relevant to the determination regarding responsibility based solely on a party's or witness's absence from the live hearing.
- Independent Hearing Officer(s). The Hearing Officer(s) cannot be the same person(s) as the TIX Coordinator(s) or the Investigator(s).
- Questioning by the Hearing Officer(s). The Hearing Officer(s) will ask questions of the parties and any witnesses who appear at the hearing.
- Cross-Examination. At the live hearing, the Hearing Officer(s) will permit each party’s Advisor to ask the other party and any witnesses who appear relevant questions and follow-up questions, including those challenging the credibility of each party or witness. Such cross-examination at the live hearing will be conducted directly, orally, and in real time by the party’s Advisor of choice and never by a party personally, notwithstanding the discretion of the University to otherwise restrict the extent to which Advisors may participate in the Proceedings. Advisors must comply with any rules of decorum set forth by the University. The Hearing Officer(s) cannot draw an inference relevant to the determination regarding responsibility based solely on a party’s or witness’s refusal to answer cross-examination or other questions.
- Provision of Advisors to Conduct Cross-Examination. If a party does not have an Advisor present at the live hearing, the University will provide without fee or charge to that party, an Advisor of the University’s choice to conduct cross-examination on behalf of that party.
- Relevance Determinations. Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Hearing Officer(s) will determine whether the question is relevant and explain any decision to exclude a question as not relevant. The Hearing Officer(s) will provide the parties an opportunity to submit questions in advance of the hearing, which may allow the Hearing Officer(s) to make expedited relevancy determinations, but such submission will not restrict the parties’ Advisors from asking other relevant cross-examination and questions of a party or witness at the live hearing directly, orally, and in real time. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless (1) such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or (2) the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
- Separate Locations. The University will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Hearing Officer(s) and parties to simultaneously see and hear the party or the witness answering questions. All participants attending the hearing will typically appear virtually, with technology enabling participants simultaneously to see and hear each other. The University retains discretion to conduct the live hearing with all parties physically present in the same geographic location.
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Recording. The University will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties and the Decision Maker(s) for inspection and review. The recording will be maintained in accordance with the record-keeping requirements in Section X of the Policy.
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Determination Regarding Responsibility:
- Determinations: After the live hearing, the Hearing Officer(s) will draw conclusions regarding the application of the Policy and the University’s code of conduct, as applicable, to the facts, and will make determinations regarding responsibility.
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Referral to Sanctioning Officer(s): If there is a finding of responsibility, the Hearing Officer(s) will refer the matter to the Sanctioning Officer(s).
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Sanctioning:
- Independent Sanctioning Officer(s): The Sanctioning Officer(s) cannot be the same person(s) as the TIX Coordinator(s), or the Investigator(s).
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Determinations: The Sanctioning Officer(s) will determine sanctions and remedies. Sanction(s) will be structured to end the conduct and prevent its recurrence by the Respondent. Remedies will be designed to remedy the effects on the Complainant and the University community. Not all violations will be deemed equally serious offenses, and the University reserves the right to impose different sanctions and remedies depending on the severity of the offense. A list of sanctions is provided below.
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Written Determinations: The Decision Maker(s) will issue a written determination regarding responsibility, using the preponderance of the evidence standard. The University will provide the written determination to the parties simultaneously. If an appeal is filed, the determination regarding responsibility becomes final on the date that the University provides the parties with the written determination of the result of the appeal. If an appeal is not filed, the determination regarding responsibility becomes final on the date on which an appeal would no longer be considered timely. The written determination must include:
- Identification of the allegations potentially constituting Sexual Misconduct;
- A description of the procedural steps taken from the receipt of the Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Findings of fact supporting the determination;
- Conclusions regarding the application of the Policy and the University’s code of conduct, as applicable, to the facts;
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;
- Any disciplinary sanctions the University will impose on the Respondent, and whether remedies designed to restore or preserve equal access to the Education Program or Activity will be provided to the Complainant.
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The procedures and permissible bases for the Complainant and Respondent to appeal.
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Possible sanctions:
Any one or more of the sanctions listed here may be imposed when there is a violation under the Policy. Sanctions are assessed in response to the specific violation(s) and any prior disciplinary history of the Respondent. Some of the sanctions listed are applicable only to Students or Employees, as indicated.
Possible sanctions include, but are not limited to:- Warning: Written notice that the Respondent’s behavior was in violation of the Policy and/or other University policy and that future violations will result in more severe sanctions.
- Restitution: Reimbursement by the Respondent(s) to the University to cover the cost of damage to property or other loss.
- Educational Program/Project: Programs and activities designed to help the Respondent become more aware of University policies and help the Respondent understand the inappropriateness of their conduct, including, but not limited to, participation in an educational program or completion of an online program.
- Referral for Counseling: A referral for an assessment with a trained therapist and a mandate to follow any recommendations resulting from the counseling.
- Loss of Privileges (Students only): Denial of specific privilege(s) as defined by the Sanctioning Officer for a defined period of time. Privileges include, but are not limited to, participation in extracurricular activities and events such as social events, intercollegiate athletics, intramural programs, and student organizations.
- Restricted Access: Conditions that specifically dictate and limit the Respondent’s presence on campus and/or participation in University-sponsored activities. The restrictions will be clearly defined and may include, but are not limited to, presence in certain buildings or locations on campus.
- Removal of Offending Cause: Requirement to remove the item that was the subject of the Complaint.
- Revocation of institutionally funded scholarships and/or grants (Students only).
- Relocation or Removal from Residence Halls (Students only): Requirement that the Respondent relocate to another residence hall, or off-campus, by a specified date.
- Conduct Probation (Students only): Formal, written notice that the Respondent's behavior is in violation of the Policy or other University policy and an expectation that the Respondent exhibit good behavior for a defined period of time. Any violation during the probationary period may result in suspension or expulsion from the University.
- Employment Probation (Employees only): Formal, written notice that the Employee’s conduct is in violation of the Policy and/or other University policy and an expectation that the Employee exhibit good behavior for a defined period of time. Any further violations during the probationary period may result in employment suspension without pay or termination of employment.
- Suspension (Students only): Separation from the University for a defined period of time. During the suspension period the Respondent is not permitted on campus and is not permitted to participate in any University-sponsored or -affiliated program or activity. The terms of the suspension may include the designation of special conditions affecting eligibility for readmission or special conditions to be in effect upon readmission.
- Suspension without Pay (Employees only): Separation of employment for a defined period of time without pay for the time of separation.
- Employment Termination (Employees only): Permanent separation of the Employee from the University if the Respondent is a non-Student Employee and permanent separation of the Employee from their Student position if the Respondent is a Student.
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Expulsion (Students only): Permanent separation from the University. A Respondent who has been expelled is not permitted on campus and is not permitted to participate in any University-sponsored or -affiliated program or activity.
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Remedies:
Remedies will be designed to restore or preserve equal access to the University’s educational programs and activities. Such remedies may include Supportive Measures but may also be disciplinary or punitive.
The TIX Coordinator(s) is responsible for oversight of the effective implementation of any sanctions and remedies. Failure to comply with sanctions may be considered an additional violation of the Policy on Sexual Misconduct, and/or may lead to additional sanctions under general University codes of conduct, handbooks, or policies.
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Appeals
The University will offer both parties an appeal from a determination regarding responsibility, and from a dismissal of a Complaint or any allegations therein. The opportunity to submit an Appeal is not provided to simply refute or express dissatisfaction with the outcome of the hearing; rather, the following procedures apply:-
Bases for Appeal: An appeal may be made on the following bases:
- Procedural irregularity that affected the outcome of the matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
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The TIX Coordinator(s), Investigator(s), Hearing Officer(s), or Sanctioning Officer(s) had a conflict of interest or bias that affected the outcome of the matter.
- Notification: The TIX Coordinator(s) or designated official will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
- Appeal Officer: The Appeal Officer, who is the Decision Maker(s) for the appeal, will not be the same person as the Hearing Officer(s), Sanctioning Officer(s), the Investigator(s), or the TIX Coordinator(s). The Appeal Officer must be free of conflict of interest or bias and will receive training as Decision Maker(s).
- Written Statements: Both parties will have a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome. A party desiring to appeal the outcome (herein "Appellant") may submit a written appeal to the TIX Coordinator within five (5) business days of the party’s receipt of the written determination regarding responsibility, and the non-appealing party (herein "Appellee") may submit their response to the TIX Coordinator within five (5) business days of receipt of the appealing party’s response. The TIX Coordinator(s) will provide a copy of the Appellee's written response to the Appellant for review, though there is no opportunity for further response. The TIX Coordinator(s) will forward the parties’ written statements to the Appeal Officer.
- Written Decision: The Appeal Officer will issue a written decision describing the result of the appeal and the rationale for the result, and the written decision will be provided simultaneously to both parties and the TIX Coordinator(s). The Appeal Officer’s decision is final and is not subject to further appeal.
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Timeframe for Appeals: The Appellant and Appellee will generally be notified in writing of the outcome of the appeal within ten (10) business days of receipt of the appellee’s response statement, but the University may extend the timeframe for good cause.
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Bases for Appeal: An appeal may be made on the following bases:
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Confidentiality
Complaints and investigations under the Policy are treated as confidential by the University. The University complies with the Family Educational Rights & Privacy Act (FERPA) and other applicable privacy laws at all times in the course of investigations. The University will keep confidential the identity of any individual who has made a Report or Complaint of Sexual Misconduct, any Complainant, any individual who has been reported to be the perpetrator of Sexual Misconduct, any Respondent, and any witness, except as may be permitted by FERPA, or as required by law, or in order to conduct any investigation, hearing, or judicial Proceeding arising from the Policy. The University complies with the Jeanne Clery Disclosure of Campus Security Police and Campus Crime Statistics Act and the Violence Against Women Act with respect to reporting and disclosure of campus security information. The University will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence, as long as such conduct is not harassing or retaliatory. The investigation, investigation report, and Proceedings are considered confidential.
Additional information about confidentiality is set forth in the Policy.
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False Information
Knowingly making a materially false statement or submitting false information in bad faith during the Grievance Process is prohibited. However, a determination regarding responsibility, alone, is not sufficient to charge any party with making a materially false statement in bad faith.
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Training
TIX Coordinator(s), Investigator(s), Decision Maker(s), and any person who facilitates an Informal Resolution process, will receive training on the definitions of terms used in the Policy; the scope of the University’s Education Program or Activity; issues related to dating violence, domestic violence, sexual assault, and stalking; how to conduct an Investigation and Grievance Process including hearings, appeals, and Informal Resolution processes, as applicable, that protects the safety of Complainants and promotes accountability; and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The University also will ensure that Investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. Decision Maker(s) will receive training on any technology to be used at a live hearing, as applicable, and on issues of relevance of questions and evidence, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant. Any materials used to train TIX Coordinator(s), Investigator(s), Decision Maker(s), and any person who facilitates an Informal Resolution process, will not rely on sex or gender stereotypes and will promote impartial investigations and adjudications of Complaints of Sexual Misconduct.
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Truthfulness/Amnesty for Alcohol and Other Drug Violations
Individuals may be hesitant to report conduct that they have experienced or witnessed, to participate, or to speak truthfully because they fear University disciplinary action due to their own consumption of alcohol or other drugs at or near the time of the incident. To encourage truthfulness in reporting, an individual who reports Sexual Misconduct or participates in this Grievance Process, either as a Complainant, a Respondent, or a witness, will not be subject to disciplinary action by the University for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. Educational options may be explored, but no conduct proceedings or record will result. However, records regarding the provision of amnesty will be maintained.
Appendix A: Definitions
Advisor: an individual who accompanies a party to any meeting or Proceeding under this Policy. The parties have the opportunity to be accompanied by one (1) Advisor of their choice, who may be, but is not required to be, an attorney. The University will not limit the choice or presence of an Advisor for either party in any meeting or Proceeding, except that the Advisor may not be a party or witness or an individual who would otherwise create a conflict of interest. The Grievance Process addresses the role of Advisors in live hearings.
Appeal Officer(s): a Decision Maker charged with deciding appeals.
Complainant: an individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct and who files a formal complaint. With respect to allegations of Title IX Sexual Harassment, at the time of filing a Complaint, a Complainant must be participating in or attempting to participate in the Education Program or Activity of the University.
Complaint: a document filed by a Complainant or signed by the TIX Coordinator(s) alleging Sexual Misconduct against a Respondent and requesting that the University investigate the allegation of Sexual Misconduct. A Complaint may be filed with the TIX Coordinator(s) in person, by mail, or by electronic mail, by using the contact information listed in this Policy and by any additional method designated by the University, including the University’s online portal. As used in this definition, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mail or through an online portal provided for this purpose by the recipient) that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Complaint. Where the TIX Coordinator(s) signs a Complaint, the TIX Coordinator(s) is not a Complainant or otherwise a party.
Decision Maker(s): a Decision Maker charged with making decisions regarding responsibility (Hearing Officer(s)), sanctions (Sanctioning Officer(s)), and appeals (Appeal Officer(s)). There may be one or more Decision Maker(s).
Education Program or Activity: the locations, events, or circumstances where the University exercises substantial control over both the Respondent and the context in which alleged Sexual Misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the University.
Employee: a person who is employed by the University or has a faculty appointment at the time the alleged Sexual Misconduct occurred and at the time the Grievance Process are invoked.
Fair: when used to describe Grievance Process, a process in which both parties will receive notice of the allegations, an opportunity to provide evidence, and an opportunity to be heard by an unbiased Decision Maker(s) who will determine whether or not the Policy was violated.
Hearing Officer(s): a Decision Maker charged with overseeing the live hearing, making relevancy determinations, analyzing the facts, and making decisions regarding responsibility.
Informal Resolution: a voluntary, informal resolution process, such as mediation, that does not involve a full investigation and adjudication.
Investigator(s): the persons charged with investigating the allegations in the Complaint. The University may designate one or more Investigators who may be internal or external to the University. The Investigator will conduct an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence.
Proceeding: All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.
Report: a verbal or written (including electronic) communication from an individual alleging conduct that could constitute Sexual Misconduct, whether or not the individual is alleged to be the victim or target of the conduct. A Report is not a Complaint.
Respondent: an individual who has been alleged in a Complaint as a perpetrator of conduct that could constitute Sexual Misconduct.
Sanctioning Officer(s): Those charged with determining sanctions and remedies for violations of the Policy. For a Student Respondent, the Sanctioning Officer is the Vice President for Student Success (or designee). For a Faculty or Staff Respondent, the Sanctioning Officer is the Vice President for Human Resources (or designee) or a faculty review committee appointed pursuant to the Faculty Handbook.
Student: a person who is registered or enrolled as a student at the University (or where there is an expectation of continued enrollment) at the time the alleged Sexual Misconduct occurred and at the time a Report or Complaint is made to the University. “Current students” are those Students who were enrolled in classes within the previous five quarters.
Supportive Measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to any individual alleging to have experienced Sexual Misconduct, or any individual accused of engaging in Sexual Misconduct before, during, or after the filing of a Complaint or where no Complaint has been filed. Such measures are designed to restore or preserve equal access to the University’s Education Program or Activity without unreasonably burdening the other party or parties, including measures designed to protect the safety of all parties or the educational environment, or deter Sexual Misconduct. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The University will maintain as confidential any Supportive Measures provided to any individual under the Policy to the extent that maintaining such confidentiality would not impair the ability of the University to provide the Supportive Measures. The TIX Coordinator(s) is responsible for coordinating the effective implementation of Supportive Measures.
TIX Coordinator(s): the Title IX Coordinator and Deputy Coordinators, who are the employees designated and authorized to coordinate the University’s efforts to comply with its responsibilities under the Policy. When the Title IX Coordinator is referred to in the singular within the Policy, it means only the Title IX Coordinator and not the Deputy Title IX Coordinator(s).
Appendix B: Resources
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Title IX Coordinators
Title IX Coordinator
titleixcoordinator@scad.edu
Deputy Title IX Coordinator
Keys Hall 308, Savannah, GA 31401
Office: 912.525.6810
Mobile: 912.401.7623
titleixcoordinator@scad.edu
Submit an Incident Report (option to report anonymously):
scad.guardianconduct.com/conduct-incidents
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Atlanta Resources
AID Atlanta
1605 Peachtree St. NE, Atlanta, GA 30309
404.870.7700
aideatlanta.org
Atlanta Police Department
226 Peachtree St. SW, Atlanta, GA 30303
Emergencies: 911
Non-emergencies: 404.614.6544
atlantapd.org
Georgia Legal Services Program – Atlanta Office
104 Marietta St., Suite 250, Atlanta, GA 30303
404.206.5175
glsp.org
Good Samaritan Health Center
1015 Donald Lee Hollowell Pkwy, Atlanta, GA 30318
404.523.6541
goodsamatlanta.org
Grady Rape Crisis Center
General: 404.616.3521
24/7 Crisis Line: 404.616.4861
Legal Aid Atlanta
54 Ellis St. NE, Atlanta, GA 30303
404.524.5811
atlantalegalaid.org
Piedmont Metro Atlanta Hospital
1968 Peachtree Rd., Atlanta, GA 30309
404.605.5000
piedmont.org
SCAD Counseling and Student Support Services
1600 Peachtree St. NW, Atlanta, GA 30309
Mental Health Services and Disability Resources: 404.253.3210
24/7 Crisis Line: 404.253.3210
atlcounseling@scad.edu / atldisability@scad.edu
scad.edu/life/health-and-wellness/counseling-and-student-support-services
SCAD Department of University Safety
1600 Peachtree St. NW, Atlanta, GA 30309
404.253.3333
security@scad.edu
scad.edu/life/safety-and-security
SCAD International Student Services Office – Atlanta Location
1600 Peachtree St, NW, Atlanta, GA 30309
404.253.3104
issoatl@scad.edu
scad.edu/life/international-student-life/international-student-resources
TO Vinson Health Center
440 Winn Way, Decatur, GA 30030
404.294.3762
dekalbhealth.net
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Savannah Resources
St. Joseph's / Candler Hospital Emergency Room
5353 Reynolds St, Savannah, GA 31405
912.819.6000
sjchs.org
Georgia Legal Services Program – Savannah Office
6602 Abercorn St #203, Savannah, GA 31405
912.651.2180
glsp.org
Heads Up Guidance Services (HUGS)
706 Wheaton St, Savannah GA 31416
912.507.8576
headsupsavannah.org
JC Lewis Primary Health Care Center Inc.
125 Fahm St, Savannah, GA 31401
912.495.8887
jclewishealth.org
Mary's Place of the Coastal Empire (Crisis Center)
General: (912) 233.3000
24/7 Crisis Line: (912) 233.7273
marysplacega.org/
Memorial Health University Medical Center
4700 Waters Ave, Savannah, GA 31404
912.350.8000
memorialhealth.com
Savannah Police Department
201 Habersham St., Savannah, GA 31401
Emergencies: 911
Non-emergencies: 912.651.6675
savannahpd.org
SCAD Counseling and Student Support Services
Main Office at Bradley Hall - 115 E. York St., Savannah, GA 31401
Mental Health Services: 912.525.6971
Disability Resources: 912.525.6233
24/7 Crisis Line: 877.959.3620
counseling@scad.edu / disability@scad.edu
scad.edu/life/health-and-wellness/counseling-and-student-support-services
SCAD Department of University Safety
345 Bull St., Savannah, GA 31401
912.525.4500
security@scad.edu
scad.edu/life/safety-and-security
SCAD International Student Services Office – Savannah Location
548 E. Broughton St.,Savannah, GA 31401
912.525.7304
isso@scad.edu
scad.edu/life/international-student-life/international-student-resources
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Lacoste Resources
Centre Hospitalier d’Apt
225 Ave. de Marseille 84405 Apt, France
+33.4.90.04.33.00
ch-apt.fr
Gendarmerie Nationale (local police agency)
Place Rene Cassini, Gordes, France 84220
Emergencies: 112
lannuaire.service-public.fr/provence-alpes-cote-d-azur/vaucluse
SCAD Counseling and Student Support Services
1600 Peachtree St. NW, Atlanta, Georgia 30309
General: +1.404.253.3210
24/7 Crisis Line: +1.877.959.3620
atlcounseling@scad.edu
scad.edu/life/health-and-wellness/counseling-and-student-support-services
SCAD Department of University Safety
Rue du Four, Lacoste, France 84480
+33.04.90.75.66.32
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State and National Resources
Center for Suicide Awareness
Text HOPELINE to 741741
centerforsuicideawareness.org
Georgia Crisis and Access Line
800.715.4225
Love Is Respect National Dating Abuse Hotline
866.331.9474
loveisrespect.org
National Domestic Violence Hotline
Hotline: 800.799.SAFE (7233)
TTY: 800.787.3224
thehotline.org
National Suicide Prevention Lifeline
800.273.TALK (8255)
Office for Civil Rights of the U.S. Department of Education
400 Maryland Avenue, SW, Washington, D.C. 20202
Hotline: 800.421.3481
TTY: 800.877.8339
OCR@ed.gov
ed.gov/ocr
RAINN National Sexual Assault Crisis Hotline
800.656.HOPE (4673)
rainn.org/about-national-sexual-assault-telephone-hotline