Bulletin - Title IX

Incidents of sexual harassment involving students, faculty, staff, or associated parties should be reported immediately to the University, police, or both.

Victims of sexual assault should seek immediate medical attention. The county and city provide resources for victims of sexual assault via the 911 emergency system and Day League, 24-hour hotline: (404) 377-1428. Northside Hospital is located within 5 miles of the University at 1000 Johnson Ferry Rd NE, Atlanta, GA 30342 and is equipped to administer DNA exams.

The University strongly encourages students to report all crimes to the Brookhaven Police Department. Filing a police report will provide legal documentation in the event of a future offense by the same person, or if the decision is made to prosecute in the future. Filing a police report is distinct from making a complaint through the University’s grievance process. The University provides all students with resources and procedures located on the Oglethorpe website that contains information about policy, next steps, and resources.

14.1.1. Designation of Title IX Coordinator

The following definitions describe prohibited conduct subject to this Title IX policy.

14.2.1 Sexual Harassment:

Conduct on the basis of sex that satisfies one or more of the following; (a) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to University educational programs or activities; (b) An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; (c) Sexual assault as defined below.

For purposes of this policy and Title IX regulations, any prohibited conduct in this Section 14.2 may also be considered or referred to as sexual harassment generally.

14.2.2 Sexual Assault:

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

14.2.2.1 Rape:

The carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity

14.2.2.2 Forcible Sodomy:

Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

14.2.2.3 Sexual Assault with An Object:

To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

14.2.2.4 Forcible Fondling:

The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

14.2.3 Sexual Assault, Non-forcible:

Unlawful, nonforcible sexual intercourse.

14.2.3.1 Incest:

Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 

14.2.3.1 Statutory Rape:

Nonforcible sexual intercourse with a person who is under the statutory age of consent.

14.2.4 Dating Violence:

Violence committed by a person (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.

14.2.5 Domestic Violence:

Includes felony or misdemeanor crimes of 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 the jurisdiction receiving grant monies, 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 the jurisdiction.

14.2.6 Stalking:

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for one’s safety or the safety of others; or (b) suffer substantial emotional distress.

The following are definitions of related terms:

14.2.7 Economic Abuse:

in the context of domestic violence [and] dating violence means behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to:

• restrict a person’s access to money, assets, credit, or financial information;
• unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage; or
• exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.

14.2.8 Technological Abuse

means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies.

The following are definitions of related terms:

14.2.9 Consent:

Clear, informed, unambiguous, mutual and voluntary agreement that must be given by participants in order to engage in sexual activity. Consent must be actively, not passively, given and may be revoked at any time. Neither a prior relationship nor silence is a sufficient indication of consent. A person who is asleep, drugged, intoxicated, or unconscious may not give consent. A minor or a person whose capacity or ability to provide informed consent is impaired may not give consent. Being under the influence of alcohol or drugs does not diminish one’s responsibility to obtain consent. The mere fact of a current or previous consensual dating or sexual relationship between the two parties does not itself imply consent or preclude a finding of sexual harassment.

In determining a violation of policy and determining whether consent was given, the following will also be considered: (a) “Force” is the use or threat of physical violence to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity or provide consent. Consent obtained by force is not valid. (b) “Intimidation” is the use of implied threats to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity or provide consent. Consent obtained by intimidation is not valid. (c) “Coercion” is the improper use of pressure to compel another individual to initiate or continue sexual activity against that individual’s will. Consent obtained through coercion is not valid. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, 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. Examples of coercion include, but are not limited to, threatening to “out” someone based on sexual orientation, gender identity, or gender expression and threatening to harm oneself if the other party does not engage in the 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 can be coercive. The University will evaluate the following in determining whether coercion was used: (a) the frequency of the application of pressure, (b) the intensity of the pressure, (c) the degree of isolation of the person being pressured, and (d) the duration of the pressure.

This section outlines steps in the grievance process to be carried out by the University when a formal complaint is filed for violation of this policy. The formal complaint may be initiated when someone reports their own experience of sexual misconduct directly to the University and seeks to file a complaint, or when someone is advised of their right to file a complaint after a report has been made by a third party. The University may also elect to move forward with a complaint independently and act as a University Complainant.

By reporting an incident to a University official, the Title IX Coordinator will be notified and, with appropriate University officials, take immediate action to ensure safety and minimize recurrence of any sexual harassment. All reports of sexual harassment will be treated seriously. The Title IX Coordinator will immediately offer supportive measures and respond meaningfully to all reports of sexual harassment regardless of whether a Party wants to move forward with the grievance process.

The grievance process provides for a prompt and equitable resolution to complaints of sexual harassment and prohibited conduct under this policy. The time period from the filing of a formal complaint, until the issuance of a written determination by a Hearing Panel, is up to one hundred twenty (120) calendar days. All Parties are expected to fully participate and adhere to proscribed timeframes. Proceedings may continue without a Party’s participation in the case of untimely participation, untimely response, or refusal to participate. Temporary delay of the grievance process or the limited extension of time frames will be allowed for good cause at the discretion of the Title IX Coordinator or Hearing Officer. In the instance of a delay or extension, written notice and the reasons for the action will be provided to the Parties. Good cause may include considerations such as the absence of a Party, a Party’s Advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

The University is committed to a fair and equal process for all Parties. An individual responding to a complaint is presumed not responsible, throughout the grievance process until otherwise determined by the appropriate decision makers at the conclusion of this process, or the Respondent admits responsibility. The burden of proof for a violation of the Title IX policy is a preponderance of the evidence, and such burden rests on the University. The Title IX Coordinator, assigned Investigator, mediators, and decision makers must not have any conflicts of interest or bias against the Complainant and Respondent. All Parties are expected to be truthful in statements and participation in the reporting, complaint, and grievance process. Dishonesty or false statements will not be tolerated and may impact and individual’s rights or standing in the process in addition to consequences in the Student Code of Conduct, Faculty Handbook, or Employee Handbook. The grievance process 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.

Click here to view the subsections below in more detail:

• 14.3.1 Formal Complaint
• 14.3.2 Investigation
• 14.3.3 – Investigative Report Review by the Parties
• 14.3.4 – Investigative Report Review by the Title IX Coordinator
• 14.3.5 – Hearing Process
• 14.3.6 – Hearings Rules & Decorum
• 14.3.7 – Rules for Cross Examination
• 14.3.8 – Hearing Panel
• 14.3.9 – Sanctions & Remedies
• 14.3.10 – Appeals
• 14.3.11 – Record of Process & Document Retention

14.4.1 Advisor

An individual who serves in support of a Party to the Title IX process. The Advisor’s essential role is to conduct cross-examination at a live hearing. A Party may select an Advisor of their choosing, who may, or may not be an attorney. A Party may also request that the University provide an Advisor for them. Parties may have their Advisor present at any meeting or hearing throughout the process. A Party must notify the Title IX Coordinator to include their Advisor on correspondence and prior to any attendance. Advisors will be required to sign a non-disclosure agreement covering certain private or confidential information learned or accessed in their participation in the process. University Advisors are only guaranteed for preparation and attendance at a hearing to conduct cross-examination. 

14.4.2 Complainant

An individual who is alleged to be the victim of conduct that could constitute sexual harassment and violation of this policy. A complainant must be participating in, or attempting to participate in, the University’s educational programs or activity at the time of filing a formal complaint. A Complainant may be referred to in this policy as a “Party” or collectively with the Respondent as “Parties” to the case.

14.4.3 Confidential Resources

Students age 18 or older seeking confidential resources may consult with the University Counseling Center. In the State of Georgia licensed counselors and clergy are the only Parties that may be allowed to maintain confidentiality.

14.4.4 Hearing Officer

The Hearing Officer administers the hearing and appeals processes and ensures that the proper policy is followed throughout. While the Hearing Officer is present during Hearing Panel and Appeals Committee deliberations, the Hearing Offices does not have a vote in either.

14.4.6 Investigator

The Investigator is a trained individual, typically a University employee, who is responsible for interviewing the Complainant, Respondent and any Witnesses. The Investigator gathers all evidence and assembles an investigative report that is provided to the Hearing Panel. A given case may be assigned an additional assistant Investigator to support the principal Investigator.

14.4.7 Respondent

An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. A Respondent may be referred to in this policy as a “Party” or collectively with the Complainant as “Parties” to the case.

14.4.8 Title IX Coordinator

The Title IX Coordinator is the University official who is designated to coordinate efforts to comply with and carry out the University’s responsibilities under Title IX of the Education Amendments of 1972 which prohibits sex discrimination in education programs and activities. The Title IX Coordinator is responsible for coordinating the University’s policies and responses to all reports and complaints involving possible sex discrimination. This includes monitoring outcomes, identifying and addressing any patterns, and assessing effects on the campus climate. The Title IX Coordinator will be involved in managing proper policy and procedure throughout any grievance process and appeal.

14.4.9 Witness(es)

Witnesses are individuals who have knowledge relevant to a determination of responsibility of a policy violation in a given complaint. A Complainant and Respondent may submit the names of Witnesses to the Investigator to be interviewed for the investigative report.

At the hearing, Witnesses previously submitted by the Parties may be called to sit before the Panel. If called, Witnesses are in the hearing room only during the time they are testifying. Witnesses answer questions from the Hearing Panel, and the Parties’ Advisors.

Based on the judgment of the Title IX Coordinator, certain cases may be appropriate for an Informal Resolution process with the aim of entering into an Informal Resolution Agreement. The Informal Resolution Agreement is a set of terms that both Parties agree to in writing which represents a conclusion to the grievance process. Informal Resolution Agreements are treated as contracts; the Parties negotiate the terms of the agreement through an intermediary and, once entered into, it becomes binding according to its terms. To proceed with an Informal Resolution, the Parties provide voluntary, written consent to the process.

An Informal Resolution is typically initiated by the Title IX Coordinator, but either Party may indicate directly to the Title IX Coordinator that they are open to a resolution at any time. The Title IX Coordinator will present the option of an Informal Resolution and proposed terms to each Party independently and in writing. All related communication should go through the Title IX Coordinator. Participation in an Informal Resolution is voluntary for all Parties and requires full informed and written consent. If either Party does not agree with the proposed terms, or is uninterested in engaging in negotiations, they may continue with the University’s grievance process at any time before signing the Informal Resolution Agreement.

A facilitated mediation with a third-Party mediator may also be available in certain circumstances. The request for mediation may be initiated by either Party, or the Title IX Coordinator, typically before the investigation. Mediation is also voluntary and both Parties must agree to participate. The Title IX Coordinator will select one trained mediator from among the faculty, staff, or an outside source where appropriate. The goal of mediation is the same of a typical Informal Resolution but provides additional facilitation and requires Parties to be in attendance.  The Title IX Coordinator will set a date for the mediation to take place.  At the conclusion of a successful mediation process, both the Complainant and the Respondent may sign an Informal Resolution Agreement with the agreed upon terms, and their case will be concluded.  If either Party believes that the mediation process was unsuccessful, they may continue with the University’s grievance process.

Informal resolutions may take up to thirty (30) calendar days once initiated. Informal resolutions with mediation may take up to forty-five (45) calendar days once initiated. Timeframes are subject to reasonable delays or extensions for good reason as determined by the Title IX Coordinator. In such instance of a delay the Parties will be noticed in writing.

Informal resolutions are not permissible to resolve allegations that an employee sexually harassed a student.

The University does not tolerate retaliation. No member of the University community may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes per se retaliation. Notwithstanding, charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy does not constitute retaliation provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any Party made a materially false statement in bad faith.

The University’s ability to respond to retaliation will depend, in part, on the relationship between the University and the individual who commits the retaliation. Anyone who believes they have been retaliated against as a result of their involvement with an investigation and/or grievance process for an alleged violation of this policy should immediately report the alleged retaliation to the Title IX Coordinator.  An independent investigation may be conducted under the purview of the Title IX Coordinator, and appropriate disciplinary action will be taken, up to, and including suspension or expulsion from the University, in the case of a student, and up to and including termination of employment, in the case of an employee.

14.6.1 Witness Tampering

Witness intimidation, which may also be retaliation, is strictly prohibited under this policy and Title IX regulations. Generally, a Party’s communication with a witness or potential Witness must be considered part of a Party’s right to meaningfully participate in furthering the Party’s interests in the case, and not an “interference” with the investigation. However, where a Party’s conduct toward a Witness might constitute “tampering” for instance, by attempting to alter or prevent a Witness’s testimony, such conduct is prohibited.

Where a Complainant desires to initiate a grievance process, the Complainant cannot remain anonymous or prevent the Complainant’s identity from being disclosed to the Respondent.

Complainants may determine in response to a report, or after filing a complaint that they do not wish to pursue a resolution through the University, or that they want their identity to remain confidential. The University takes such requests seriously and, in many cases, will close the case. However, some circumstances may require the University, via the Title IX Coordinator, to initiate an investigation and adjudication of sexual harassment allegations in order to protect the educational community or otherwise avoid being deliberately indifferent to known sexual harassment.

The University will always notify the local law enforcement of any alleged sexual misconduct involving minors and make any other mandated reports to law enforcement as required under state or federal law.