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I. INTRODUCTION

Prohibition Against Sexual Misconduct. It is the policy of the Savannah College of Art and Design (the “University”) to maintain an environment for students, faculty, and staff that is free of sex-based discrimination and harassment, including sexual harassment prohibited by Title IX of the Education Amendments of 1972 (“Title IX”). This Sexual Misconduct Policy (the “Policy”) addresses sexual harassment that is prohibited by Title IX (“Title IX Sexual Harassment”) as well as conduct that meets other aspects of the definition of "Sexual Misconduct" (defined below) regardless of where the conduct occurred. Other University policies address other types of sex discrimination and sexual harassment, including that which is prohibited by Title VII of the Civil Rights Act of 1964, which is addressed in the Workplace Sexual Harassment Policy. All members of the University community should be aware that the University does not tolerate sex-based discrimination and is prepared to take prompt remedial action to prevent and address such behavior and remedy its effects.

Prohibition Against Retaliation. No individual may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, this Policy, or the Grievance Process for the Sexual Misconduct Policy (the “Grievance Process”), or because the individual has made a Report or Complaint, testified, assisted, participated or refused to participate in any manner in an investigation, Proceeding, or hearing under this Policy or the Grievance Process. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve Sexual Misconduct, but arise out of the same facts or circumstances as a Report or Complaint of Sexual Misconduct, for the purpose of interfering with any right or privilege secured by Title IX, this Policy or the Grievance Process, constitute retaliation. In order to protect against retaliation, 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 sex discrimination, any Respondent, and any witness, except as may be permitted by FERPA, as required by law, or to carry out the purposes of Title IX, including the conduct of any investigation, hearing, or Proceeding related to a Complaint of Sexual Misconduct. Complaints alleging retaliation may be filed according to the Grievance Process.

Response to Sexual Misconduct. When the University has actual knowledge of Sexual Misconduct or alleged Sexual Misconduct, the University will treat Complainants and Respondents equitably by offering Supportive Measures, and by following the Grievance Process before the imposition of any disciplinary sanctions or other actions that are not Supportive Measures against a Respondent.

Grievance Process. The University’s Grievance Process provides for the prompt and equitable resolution of Student and Employee Complaints alleging any action that would be prohibited by this Policy and a grievance process that complies with Title IX for Complaints. This Policy and the Grievance Process describe how to report or file a Complaint of Sexual Misconduct, and how the University will respond. As required by the Violence Against Women Act (“VAWA”), the University provides prompt, fair, and impartial Proceedings that are completed within reasonably prompt timeframes, with a process that allows for the extension of timeframes for good cause and are conducted in a manner that is transparent to the Complainant and Respondent. The University provides timely notice of meetings at which the Complainant or Respondent, or both, may be present and provides 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. The Grievance Process will be conducted by officials who do not have a conflict of interest or bias for or against the Complainant or the Respondent.

Sanctions and Remedies. As described in more detail in the Grievance Process, possible sanctions for violations of this Policy include, but are not limited to:
1. Suspension or expulsion for students;
2. Dismissal or termination of employment for faculty and staff members;
3. Banning from campus and termination of contractual arrangements for third parties.
Any sanction(s) and remedies will be structured to end the conduct, prevent its recurrence, remedy its effects on the individual(s) affected by the conduct and the University community, and restore or preserve equal access to the University’s education program or activity. Not all violations will be deemed equally serious offenses, and the University reserves the right to impose different sanctions depending on the severity of the offense and take non-disciplinary, administrative actions as appropriate.

Title IX Coordinator. The Title IX Coordinator (“TIX Coordinator”) has been delegated with the authority to coordinate the University’s efforts to comply with its responsibilities under Title IX and oversee the administration of this Policy. The TIX Coordinator oversees the University’s centralized review, investigation, grievance process, and resolution of Reports of violations of this Policy. The University has also designated Deputy Title IX Coordinator(s) as follows:

In Atlanta and Savannah, Sexual Misconduct should be reported to:
Title IX Coordinator and Deputy Title IX Coordinator
Keys Hall 308, Savannah GA
912.525.6810
titleixcoordinator@scad.edu

In Lacoste, Sexual Misconduct should be reported to the Coordinator of Student Services, 33(0)6.07.21.99.93.

The TIX Coordinator(s) is:
1. Responsible for oversight of the assessment, investigation, hearing process, and resolution of all Reports of Sexual Misconduct;
2. Knowledgeable and trained in this Policy, the Grievance Process, and Title IX;
3. Available to advise any individual associated with potential Sexual Misconduct – including individuals who have experienced misconduct, individuals who are alleged to be responsible for misconduct, and third parties – about the care and support resources, Supportive Measures, reporting options, and other resources available at the University, both informally and formally, and in the community;
4. Available to provide assistance to any University Employee regarding how to respond appropriately to a Report of Sexual Misconduct;
5. Responsible for ensuring full compliance with all procedural requirements and time frames outlined in this Policy and the Grievance Process;
6. Responsible for training, prevention and education efforts, and periodic reviews of climate and culture related to the conduct prohibited under this Policy.

Relationship of This Policy to External Reporting and Enforcement Options. This Policy outlines how the University will respond to alleged Sexual Misconduct and is separate and distinct from the criminal and civil legal systems.

The University strongly encourages all individuals who are the subject of potential Sexual Misconduct to pursue all remedies available to them, including reporting incidents of potential criminal conduct to law enforcement. The contact information for local law enforcement at each of the University’s locations is set forth in Appendix A.

If the conduct in question is alleged to be a violation of both this Policy and the law, the University will proceed with its normal process, regardless of action or inaction by outside authorities. Decisions made or sanctions imposed through this Policy or other University policies and/or procedures are not subject to change because criminal or civil charges arising from the same conduct are dismissed, reduced, or rejected in favor of or against the Respondent.

II. SCOPE: PERSONS, DEFINITIONS, PROHIBITED CONDUCT, AND JURISDICTION

Persons
This Policy applies to all University community members — including faculty, staff, and students — as well as to third parties who may have contact with members of the University community, including, but not limited to, vendors, alumni, visitors, volunteers, and local residents. A third party may report a violation of the Policy committed by a member of the University community. A third party may also be barred permanently from the University or subject to other restrictions for failing to comply with this Policy.

Definitions
This Policy defines the following terms in order to clarify the status of the various individuals within the Policy.
1. 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. 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.
2. Complainant: an individual who is alleged to be the victim of conduct that could constitute Sexual Misconduct and who files a formal Complaint.
3. 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 only be filed with the TIX Coordinator(s) and can be done so 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.
4. Consent: Consent is required for any sexual activity to occur between two or more individuals. Effective consent consists of an affirmative, voluntary, conscious decision by each participant to engage in mutually agreed upon (and the conditions of) sexual activity as demonstrated through words and/or actions. In order to give effective consent, one must be of legal age and have the capacity to give consent. The age of consent for this Policy is 16 years, which is the legal age of consent in the State of Georgia.
  
  The following are essential elements of consent:
  1. Informed and reciprocal: All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.
  2. Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation, pressure, or by taking advantage of the incapacitation of another individual.
  3. Mutually understandable: Communication regarding consent consists of mutually understandable words and/or actions that indicate an unambiguous willingness to engage in (and the conditions of) sexual activity. In the absence of clear communication or outward demonstration, there is no consent. Consent may not be inferred from silence, passivity, lack of resistance, or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given.
  4. Revocable: Consent may be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or is no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease immediately, and all parties must obtain mutually expressed or clearly stated consent before continuing any further sexual activity.
  5. Specific: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant.
  Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts. Force. Consent is not valid if it is obtained through the use or threat of force.
5. Force. Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in (and the conditions of) any sexual activity. For the use of force to be demonstrated, there is no requirement that a Complainant resist the sexual advance or request. However, resistance by the Complainant will be viewed as a clear demonstration of non-consent.
6. Coercion. Consent obtained through coercion is not valid consent. Coercion is the use of pressure to compel another individual to initiate or continue sexual activity against that person’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, compulsion, duress, repeated requests, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. When someone indicates, verbally or physically, that they do not want to engage in a particular sexual activity, that they want to stop a particular activity, or that they do not want to go past a certain point of sexual interaction, continued activity or pressure to continue beyond that point is coercive.
7. Incapacitation. Incapacitation is a state where an individual cannot make an informed and rational decision to engage in sexual activity because the person lacks conscious knowledge of the nature of the act (i.e., to understand the who, what, when, where, why or how of the sexual interaction) or is physically helpless. An individual is incapacitated, and therefore unable to give consent, if they are asleep, unconscious, or otherwise unaware that sexual activity is occurring.
  
  Sexual activity with someone who one should have known to be — or based on the circumstances should reasonably have known to be — mentally or physically incapacitated (e.g., by alcohol or other drug use, unconsciousness, sleep, or blacked out), constitutes a violation of this Policy.
  
  Incapacitation may result from the use of alcohol or drugs. However, consumption of alcohol or other drugs alone is insufficient to establish incapacitation. In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.
  
  Being intoxicated or impaired by drugs or alcohol is never an excuse for Sexual Misconduct and does not diminish one’s responsibility to obtain consent.
  
  The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol or drugs impact an individual’s:
  1. decision-making ability;
  2. awareness of consequences;
  3. ability to make informed judgments; or
  4. capacity to appreciate the nature and the quality of the act.
  Evaluating incapacitation also requires an assessment of whether a Respondent knew, or should have known, that the Complainant was incapacitated.
8. 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 is invoked.
9. 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.
10. 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.
11. Reporting Party: an individual who is alleged to be the victim of Sexual Misconduct but who has not filed, and desires not to file, a Complaint.
12. Respondent: an individual who has been alleged in a Complaint as a perpetrator of conduct that could constitute Sexual Misconduct. It is presumed that the Respondent is not responsible for the alleged conduct until such a determination regarding responsibility is made at the conclusion of the Grievance Process.
13. Supportive Measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Complaint or to the Reporting Party 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, including measures designed to protect the safety of all parties or the University’s 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 safety 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 the Complainant or Respondent, 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.
14. Sexual Misconduct: conduct on the basis of sex that satisfies one or more of the following:
  1. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity;
  2. An Employee of the University conditioning the provision of a University aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (a.k.a. “quid-pro-quo”);
  3. Sexual assault, as defined under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act,”) is an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, which includes:
    1. Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent because of the victim's age or because of the victim's temporary or permanent mental incapacity.
    2. Attempted Rape: Any attempt to engage in Rape.
    3. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the Consent of the victim, including instances where the victim is incapable of giving Consent because of the victim’s age or because of the victim’s temporary or permanent mental incapacity. Fondling includes any intentional sexual touching, however slight, with any object, by a person upon a person, when such touching is without their Consent and/or by force. This includes intentional contact with the intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner.
    4. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    5. Statutory Rape: Sexual intercourse with a person who is under the statutory age of Consent. The age of Consent in Georgia is 16;
  4. Dating Violence: Acts or threats of physical violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on a consideration of the following factors: (i) The length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship;
  5. Domestic Violence: Acts or threats of physical violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Georgia, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Georgia;
  6. Stalking: Engaging in a course of conduct directed at a specific person that would cause reasonable persons to fear for their safety or the safety of others or to suffer substantial emotional distress. For the purposes of this definition: (A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. (B) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. (C) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling;
  7. Title IX Sexual Harassment: Sexual Misconduct that occurs in the United States and in an Education program or activity. Education program or activity means the locations, events, or circumstances where the University exercises substantial control over both the Respondent and the context in which alleged Title IX Sexual Harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the University. At the time of filing a Complaint alleging Title IX Sexual Harassment, a Complainant must be participating in or attempting to participate in the University’s education program or activity.

Prohibited Conduct
This Policy prohibits Sexual Misconduct, as defined in this Policy, and retaliation. Sexual Misconduct may occur irrespective of an individual’s sex, gender, gender identity, sexual orientation, marital status, or any other protected characteristics related to sex or gender under federal, state, or local law.

The University will treat attempts to commit Sexual Misconduct as if those attempts had been completed.

Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, or cartoons regarding an individual’s sex, gender, gender identity, sexual orientation, marital status, or any other protected characteristics related to sex or gender under federal, state, or local law.

Conduct will be considered in the context of the relevant academic circumstances.
Jurisdiction
This policy covers Sexual Misconduct that is committed by students, faculty, staff, and third parties whenever the Sexual Misconduct occurs:
1. on University property, or
2. off University property if the Sexual Misconduct (A) was in connection with a University or University-recognized education program or activity or (B) poses a serious threat of harm to, has a continuing adverse effect on or creates a hostile environment for students, faculty, or staff.
  1. In determining whether the University has jurisdiction over off campus or online conduct that is not part of a University education program or activity, the University will consider the severity of the alleged conduct, the risk of ongoing harm, whether both parties are members of the University community, impact on University programs or activities, and whether off campus conduct is part of a series of actions that occurred both on and off campus.

III. CONFIDENTIALITY

The University strongly encourages individuals who have experienced a potential violation of this Policy to report the incident to the University so that the University can assist these individuals in obtaining access to the support and resources they may need, and so that the University can respond appropriately. The University also strongly encourages all individuals who are the subject of potential misconduct to pursue all internal and external remedies available to them, including reporting incidents of potential criminal conduct to external law enforcement.

At the same time, the University recognizes that individuals often have important concerns about protecting their privacy and maintaining confidentiality, and that it can be difficult for an individual to decide whether and how to report an incident. Sexual Misconduct Reports and Complaints involving Students also present unique considerations related to confidentiality, including the need to support individuals who are not prepared to make a Report or Complaint either to the University or to law enforcement, or who may be unsure what happened, but are still seeking information and support. Finally, it is also clear that individuals alleged to be responsible for Sexual Misconduct have important needs with respect to their own care and support. These individuals also have distinct concerns about confidentiality.

It is within this context that the University is committed to supporting all individuals affected by Sexual Misconduct whether as Complainant, Respondent, or third party, by providing or assisting with access to care and support resources, and by providing clear information with respect to the level of confidentiality provided by each respective care and support resource.

The University will keep private the identity of any individual who has made a Report or filed a 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, as required by law, or to carry out the purposes of the Sexual Misconduct Policy and Grievance Process, including the conduct of any investigation, hearing, or judicial proceeding. The University will maintain as private any Supportive Measures provided to the Complainant or Respondent, to the extent that maintaining such privacy would not impair the ability of the University to provide the Supportive Measures. The University will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

Types of Confidentiality
As used in this Policy, “confidentiality” refers to the level of protection or control that an individual sharing information (the “Disclosing Party”) has with respect to whether the individual(s) or organization(s) receiving the information (the “Receiving Party” or “Receiving Parties”) are required or permitted to disclose such information to the University or law enforcement without the express permission of the Disclosing Party as follows:
1. Confidentiality
  Confidentiality refers to Receiving Parties that are required by law to keep shared information confidential unless there is an imminent threat of harm to self or others or other extreme circumstance, such as abuse of a person under the age of 18. Confidential resources include: licensed mental health counselors, crisis counselors and hotlines, and chaplains and other ordained clergy.
  
  It is important to emphasize that these Confidentiality protections apply whether or not the Receiving Party is a representative or Employee of the University. Thus, licensed counselors at the Counseling and Student Support Services office provide the same level of confidentiality protections as do licensed counselors that are unaffiliated with the University.
  
  As a result, anyone who speaks to a professional counselor within the University should understand that these communications do not represent a Report to the University. In addition, if an individual wants to maintain Confidentiality from the University, the individual should recognize that the University will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the Respondent, and the University will also be limited in its ability to provide a complete range of Supportive Measures and/or interim remedies.
  
  Finally, an individual who at first requests Confidentiality from a licensed counselor within the University may later decide to request that the University activate the Grievance Process or report the incident to law enforcement, and thus have the incident fully investigated. These counselors can provide assistance if the individual wishes to make such a request.
  
  A listing of contact information for internal and external resources that provide Confidentiality protections is set forth in Section IV.
2. Medical Assistance Confidentiality
  In general, the disclosure of private information to medical providers and information contained in medical records is protected by the Health Insurance Portability and Accountability Act (“HIPAA”). In the context of sexual violence, however, medical providers in Georgia are required to notify law enforcement if a patient tells medical personnel that they have experienced sexual violence.
3. Privacy and Reports to the University
  The University must respond in accordance with this Policy and the Grievance Process when notice of Sexual Misconduct or allegations of Sexual Misconduct is made to the TIX Coordinator(s) or any official of the University who has authority to institute corrective measures. A Complaint may only be filed with the TIX Coordinator(s). The University is committed to protecting the privacy of all individuals involved in a Complaint or Report of Sexual Misconduct. This means that information shared or reported to the TIX Coordinator(s) or an official of the University who has authority to institute corrective measures about a potential violation of this Policy will only be shared with a limited circle of individuals, including the TIX Coordinator(s) and individuals who “need to know” in order to respond appropriately, including under the Grievance Process.

Requests Not to Proceed: Sexual Misconduct Reports Involving Students
Sexual Misconduct cases involving Students present unique considerations related to privacy and confidentiality. As a result, if a Reporting Party requests that no investigation into a particular incident be conducted or disciplinary action taken, the University’s general policy is to respect such request unless certain overriding factors are present related to the University’s obligation to provide a safe, non-discriminatory environment for all members of the community, including the individual impacted by the alleged conduct.

Based on the foregoing, information or Reports made to any Employee other than those with a legal obligation to maintain Confidentiality will be reported to the TIX Coordinator(s), who will follow-up with the impacted individual as appropriate. In Sexual Misconduct cases involving Students, the TIX Coordinator(s) will review the Reporting Party’s expressed preferences with respect to maintaining privacy and with respect to whether the Reporting Party wants the University to proceed with the Grievance Process.
1. When the University Cannot Honor a Student Reporting Party’s Anonymity Request
  There are circumstances in which the University may not be able to honor a Student Reporting Party’s request that the University maintain anonymity or that it not investigate the reported information, in order to provide a safe, non-discriminatory environment for all members of the University community.
  
  The TIX Coordinator(s) is responsible for evaluating a request for confidentiality and requests that no investigation or discipline be pursued. To evaluate such requests, the TIX Coordinator(s) will consider a range of factors, including, without limitation, the following:
  1. The increased risk that the alleged perpetrator may commit additional acts of sexual or other violence, such as:
    1. Whether there have been other Sexual Misconduct Complaints about the same individual;
    2. Whether the individual has a history of arrests or records from a prior institution indicating a history of violence;
    3. Whether the individual threatened further Sexual Misconduct or other violence against the Student Reporting Party or others;
  2. Whether the Sexual Misconduct was committed by multiple alleged perpetrators;
  3. Whether the Sexual Misconduct was perpetrated with a weapon;
  4. Whether the Student Reporting Party is a minor;
  5. Whether the University possesses other means to obtain relevant evidence of the Sexual Misconduct (e.g., security cameras or personnel, physical evidence);
  6. Whether the Report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.
  The presence of one or more of these factors could lead the University to activate the Grievance Process. If, for example, the University has credible information that the alleged perpetrator has committed one or more prior Sexual Misconduct violations, the balance of factors may compel the University to investigate the Report and, if appropriate, pursue disciplinary action. If none of these factors is present, the University will normally honor a Student Reporting Party’s request that no investigation into a reported incident be conducted.
  
  If the TIX Coordinator(s) determines that the University cannot maintain a Student Reporting Party’s confidentiality, the TIX Coordinator(s) will inform the Student Reporting Party prior to starting the Grievance Process and will explain that the Student Reporting Party is not required to participate in the Grievance Process. However, the University’s ability to take action may be limited. The TIX Coordinator(s) will also review with the Student Reporting Party the privacy protections associated with the Grievance Process.
  
  Consistent with the framework set forth above, the TIX Coordinator(s) will take ongoing steps as appropriate to provide Supportive Measures, and protect the Student Reporting Party’s safety, including from retaliation or intimidation.
2. Limited Ability to Respond if Anonymity Request Is Honored
  If the University does honor a Student Reporting Party’s request for anonymity, the University’s ability to meaningfully investigate the incident and pursue sanctions action against the alleged perpetrator may be limited.
  
  The University will continue to adapt as appropriate the other aspects of the Reporting Party’s safety, assistance, and support response plan, including the provision of Supportive Measures.
3. Other Remedies and Supportive Measures
  The TIX Coordinator(s) will promptly contact the Reporting Party to discuss the availability of Supportive Measures, consider the Reporting Party’s wishes with respect to Supportive Measures, inform the Reporting Party of the availability of Supportive Measures with or without the filing of a Complaint, and explain to the Reporting Party the process for filing a Complaint.
  
  Because the University is under a continuing obligation to address the issue of Sexual Misconduct campus-wide, Reports of Sexual Misconduct (including non-identifying Reports) will also prompt the TIX Coordinator(s) to consider broader remedial action – such as increased monitoring, supervision, or security at locations where the reported Sexual Misconduct occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/ victimization surveys; or revisiting its policies and practices.

IV. CARE AND SUPPORT RESOURCES

If you need emergency police or medical assistance, dial 911. See Appendix A for a full list of resources, including addresses and contact information, sorted by location.

Resources that Provide Confidentiality
As described in Section III, care and support resources that provide Confidentiality are Receiving Parties who by the nature of their work are required by law to keep information shared with them confidential, and who cannot share information revealed to them to another person without the express permission of the Reporting Party, unless there is an imminent threat of harm to the Reporting Party or others.
1. Crisis Counseling/Hotline Resources
  There are many care and support resources available to individuals in the local community that provide Confidentiality. All individuals are encouraged to use the resources that are best suited to their needs, whether on or off campus.
2. Counseling and Student Support Services
  On-campus counseling resources which offer Confidentiality protections are available to provide care and support for Students at no cost. These counselors can also provide information about making a Complaint with the University or law enforcement.

Other University Resources
The University Employees or offices listed below can provide or assist with a broad range of information, care, and support needs, including: assisting with access to medical assistance or reporting to law enforcement, accessing crisis counseling or other counseling resources, assisting with or coordinating Supportive Measures and other interim remedies, and providing information about the University’s Grievance Process.
1. SCAD Department of University Safety
  The Department of University Safety exists to ensure the safest learning environment possible through a layered and comprehensive approach to security, backed by experienced leadership. SCAD works closely with local police, fire and emergency personnel, as well as state and federal agencies, to ensure that Students have a safe and open college experience.
2. Accommodations
  Any Student with a disability who participates in proceedings under this Policy may qualify for reasonable accommodations. All reasonable accommodations are determined on an individual basis and must be approved by SCAD Counseling and Student Support Services. In order to receive reasonable accommodations, Students must notify the TIX Coordinator(s) and obtain approval from SCAD Counseling and Student Support Services (see Appendix A).
  
  Further, if a Student already receiving academic accommodations also seeks reasonable accommodations to effectively participate in proceedings under this Policy, they should inform the TIX Coordinator(s) to ensure those needs can be reasonably applied.

V. REPORTING AND FILING A COMPLAINT

Reporting
The University strongly encourages all individuals who are the subject of potential Sexual Misconduct to seek Supportive Measures and consider filing a Complaint. Supportive Measures will be provided whether or not a Complaint is filed. All members of the University community, even those who are not obligated to do so by this Policy, are strongly encouraged to report information regarding any potential incident of Sexual Misconduct to the TIX Coordinator(s). The University cannot take appropriate action unless an incident is reported to the University.

An individual may report Sexual Misconduct to the TIX Coordinator(s) in person, by phone, by mail, or by electronic submission (such as by e-mail or through an online portal provided by the University for reporting purposes). A Report of Sexual Misconduct is not a Complaint (see Section II.B for definitions). Upon receipt of a Report, the TIX Coordinator(s) will promptly contact the individual alleged to have experienced Sexual Misconduct to discuss and provide written notice of the availability of Supportive Measures with or without filing a Complaint, consider the individual’s wishes with respect to Supportive Measures, and offer to explain the process and options for filing a Complaint.

Any individual may make an anonymous Report concerning any alleged violation of this Policy. An individual may report the incident without disclosing their name, identifying the Respondent, or requesting any action. Depending on the extent of information available about the incident or the individuals involved, however, the University’s ability to respond to an anonymous Report may be limited.

The TIX Coordinator(s) will receive the anonymous Report and will determine any appropriate steps, including individual or community Supportive Measures as appropriate, and, in consultation with the Director of Campus Safety and Security, comply with all Clery Act obligations.

To promote timely and effective review, the University strongly encourages individuals who have experienced or who have knowledge of a possible violation of this Policy to make Reports as soon as possible following an incident and consider filing a Complaint. A delay in filing a Complaint may impact the University’s ability to gather relevant and reliable information. The University does not, however, limit the time frame for reporting alleged violations under this Policy or filing a Complaint. To the extent possible and consistent with the provisions of this Policy, the University will take prompt and appropriate action in response to all Reports in order to end the conduct, prevent its recurrence, restore or preserve equal access to the University’s education program or activity, and address the effects regardless of when the alleged conduct occurred.

Filing a Complaint
A Complainant may file a Complaint of Sexual Misconduct by submitting a document as designated by the TIX Coordinator to the TIX Coordinator(s) (in person, by mail, or e-mail) using the contact information provided in this Policy, or by any additional method designated by the University. The document or electronic submission (such as by electronic mail or through an online portal provided for this purpose) must contain 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.

If the Respondent is not a member of the University community, or is no longer a member of the University community, the ability of the University to take disciplinary or other remedial action against the Respondent will be limited. If the Respondent is a staff member, faculty member, or Student and leaves the University with a pending Complaint, the Respondent will not be permitted to return to the University until the Complaint is resolved pursuant to the Grievance Process.

Once a Complaint is filed, the Grievance Process is activated.

Advisors
The parties have the opportunity to be accompanied to any meeting or Proceeding by one (1) Advisor of their choice. The Advisor, however, 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 this Policy; the written submission, however, must be from the Complainant or the Respondent and not the Advisor. The University will require all Advisors in a Proceeding to adhere to rules of decorum. Any violation of University policies committed by the Advisor may lead to the exclusion of the Advisor from the Grievance Process.

Medical Assistance and Preservation of Evidence
It is important that individuals who are subjected to Sexual Misconduct seek medical attention even if they do not intend to report the incident to local law enforcement. Regardless of whether a Report is filed with local law enforcement, individuals should preserve all evidence that could be relevant to any criminal charges that may be brought or that might be needed to obtain a protective order. A special exam should be conducted as soon as possible following an incident of Sexual Misconduct to ensure your physical well-being and to collect evidence that may be useful in criminal proceedings. Before obtaining such an examination, individuals should avoid showering, washing, changing clothes, combing hair, drinking, eating or altering their physical appearance. Even if they decide to forego such an examination, it is still important to get medical attention so that any issues relating to possible injury or disease from the incident may be addressed.

Reports to Law Enforcement and External Agencies
An aggrieved individual may report incidents of potential criminal conduct to external law enforcement and incidents of civil rights violations to the appropriate external agencies. External and internal reporting options are not mutually exclusive and may be pursued concurrently. The University will assist a Reporting Party or Complainant in making a criminal report and cooperate with law enforcement agencies if a Reporting Party or Complainant decides to pursue the criminal process to the extent permitted by law.

See Appendix A for contact information of law enforcement, plus other resources.

Although the University will normally follow an individual’s wishes with respect to contacting law enforcement, there are certain instances in which the University may need to report conduct to law enforcement authorities even when an individual has decided not to do so. Such circumstances include when there is clear and imminent danger or risk to the individual or the University community, when a weapon was involved with the incident, or when the alleged conduct involves Sexual Misconduct and the individual is a minor (under the age of 18). In these circumstances, the University’s decision to report an incident to law enforcement will be shared with the individual.

The University’s Grievance Process and the legal system work independently from one another, and the University will proceed with its process, regardless of action or inaction by outside authorities. If a police investigation is initiated, the University may pause the Grievance Process briefly at the request of the police to facilitate their initial evidence gathering. Decisions made or sanctions imposed through the Grievance Process are not subject to change because criminal or civil charges arising from the same conduct are dismissed, reduced, or rejected in favor of or against the Respondent.

VI. OTHER POLICIES

Amnesty for Alcohol or Other Drug Use
The University encourages the reporting of prohibited conduct under this Policy. It is in the best interest of the University community that individuals report incidents to the University and that witnesses come forward to share what they know during an investigation. To encourage reporting, individuals who report Sexual Misconduct either as a Reporting Party, Complainant, Respondent, or 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.

False Reporting – Prohibited
It is a violation of this Policy to file a knowingly false or malicious Report or Complaint of Sexual Misconduct, or knowingly making false statements or knowingly submitting false information during the Grievance Process. A Report or Complaint alleging false reporting or false information by another individual may be pursued pursuant to the process outlined in this Policy for making a Report or Complaint of conduct prohibited under this Policy. A Complaint filed in good faith under this provision will not be considered as retaliation. Charging an individual for making a materially false statement in bad faith in the course of the Grievance Process does not constitute retaliation. A determination regarding responsibility, alone, is not sufficient to charge a party with making a materially false statement in bad faith.

VII. PREVENTION AND EDUCATION

The University takes education and prevention about issues of Sexual Misconduct seriously and has programs designed to educate the University community about these important issues.

VIII. TRAINING

The University’s TIX Coordinator(s) is responsible for ongoing development and administration of the University’s various training programs related to this Policy. These trainings include, but are not limited to: annual training for University officials involved in the administration of this Policy; reviewing the University’s policies and procedures for responding to Reports of sex-based discrimination and Sexual Misconduct; and reviewing the care and support resources as well as reporting options available to Students. University officials involved in the administration of this Policy – including the TIX Coordinator, Deputy TIX Coordinator, Investigators, Decision Makers (as defined in the Grievance Process), Sanctioning Officers (as defined in the Grievance Process), and any person who facilitates an Informal Resolution process as defined in the Grievance Process) – also participate in ongoing training programs as appropriate to the individual’s respective role. See Appendix B for a list of training materials.

IX. RELATIONSHIP TO OTHER STATUTES

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the "Clery Act")
The Clery Act is a federal law requiring institutions of higher education to collect and report statistics on certain crimes in an “Annual Security Report.” Certain University officials have a duty to provide University Safety with information regarding crimes when they are reported to them. All personally identifiable information is kept confidential, but statistical information regarding Clery-reportable crimes must be shared, including the date and location of the incident (but not the specific address) and information about the reported crime, to allow for proper classification.

This report provides the community with information about the extent and nature of campus crime, in order to ensure greater community safety. University officials who are required to inform SCAD Department of University Safety of crimes reported to them include: security officers, full- and part-time athletic coaches, the Director of Athletics, Dean of Students non-administrative support staff, Resident Assistants, residence life staff, student activities staff, Human Resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities. A copy of the University’s Annual Security Report can be found at scad.edu/life/safety-and-security.

Family Educational Rights and Privacy Act ("FERPA")
The outcome of any Grievance Process conducted related to this Policy is part of the educational record of the Respondent, if the Respondent is a Student; or the Employee record, if the Respondent is a faculty or staff member.

Generally speaking, the educational records of Students are protected from release under a federal law, FERPA (20 U.S.C. § 1232g; 34 CFR Part 99). The University complies with FERPA regulations regarding the privacy of Student records and observes the following exceptions to FERPA as mandated by the Clery Act:
1. The Complainant(s) in a Grievance Process related to Sexual Misconduct pursuant to the Policy have the right to be informed of the findings and sanction(s) of the Grievance Process, in writing, without condition or limitation.
2. The Complainant(s) in sexual harassment, stalking, relationship violence, and any other gender-based offense have the right to be informed of the finding, in writing, and to be informed of any sanction(s) that directly relate to them, and to essential facts supporting the outcome when the outcome is “responsible” (and the underlying offense is a crime of violence as defined below and in 34 C.F.R. 99.39) or it is equitable to share the essential findings with all parties.
3. The Clery Act permits the University to publicly release the name, the nature of the violation, and the sanction(s) for any Student who is found in violation of a University policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, intimidation (which may encompass stalking or bullying), hazing, destruction/damage/vandalism of property, and kidnapping/ abduction.
4. Student education records, including student conduct records, can be subpoenaed by a court of law.
5. Information from a Student’s education record may be released to a third party with the Student’s permission. Third parties that may request information from a Student’s education record include graduate schools, potential employers, parents, etc. Generally, the Student will have signed a release permitting the University to release information.
For a full understanding of Student rights and FERPA, please see the University’s FERPA policy, which is maintained on the Registrar’s website.

X. RECORDKEEPING

The University will maintain records indefinitely of:

Each Sexual Misconduct investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript, any disciplinary sanctions imposed on the Respondent, and any remedies provided to the Complainant designed to restore or preserve equal access to the Education Program or Activity;

Any appeal and the result therefrom;

Any Informal Resolution and the result therefrom; and

All materials used to train TIX Coordinator(s), Investigator(s), Decision Maker(s), and any person who facilitates an Informal Resolution process. The University must make these training materials publicly available on its website.

Any actions, including any Supportive Measures, taken in response to a Report or Complaint of Sexual Misconduct. In each instance, the University will document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the Education Program or Activity. If the University does not provide a Complainant with Supportive Measures, then the University will document the reasons and why they are reasonable in light of the known circumstances.

Appendix A: Resources

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
Atlanta Resources

AID Atlanta
1605 Peachtree St NE, Atlanta, GA 30309
404.870.7700
aidatlanta.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, Georgia 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/safety

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
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
marysplacecoastalempire.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/safety

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
Lacoste

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/gendarmerie-84050-01

SCAD Counseling and Student Support Services
1600 Peachtree St. NW, Atlanta, GA 30309
General: 404.253.3210
24/7 Crisis Line: 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
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, DC 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/get-help/national-sexual-assault-hotline