University of Georgia Non-Discrimination and Anti-Harassment Policy

2. University of GeorgiaNon-Discrimination and Anti-Harassment Policy(NDAH) Policy Briefing

3. WHO? • Faculty • Staff • Administrators • Students • Athletes • Volunteers • Visitors (including alumni) • Clients • Independent Contractors • Patrons (ticket holders)

4. DISCRIMINATION VS. HARASSMENT • DISCRIMINATION = means decision-making (hiring, job assignments, promotion, performance evaluations, grading, recommendations) • HARASSMENT = conduct that creates an intimidating, hostile or offensive work or learning environment, or that interferes with one’s work/education Can’t discriminate or harass based on the protected categories

5. PROTECTED CATEGORIES • Race • Sex (including sexual harassment & pregnancy) • Sexual orientation • Gender identity • Ethnicity or national origin • Religion • Age • Disability status • Veteran status • Genetic Information

6. SEXUAL HARASSMENT Unwelcome sexual advances, requests for sexual favors and other verbal, non-verbal or physical conduct of a sexual nature, when: • Submission made a term or condition of employment or status in a course, program or activity; • Submission or rejection of conduct used as the basis for employment or educational decisions;

7. SEXUAL HARASSMENT (cont.) • Conduct has purpose or effect of : • Interfering with work or educational performance; • Creating an intimidating, hostile or offensive working and/or learning environment; • Interfering with ability to participate in or benefit from an educational program or activity.

8. SEXUAL MISCONDUCT IS A FORM OF SEXUAL HARASSMENT • NON-CONSENSUAL SEXUAL CONTACT (or attempts) Sexual Contact–Intentional contact with the breasts, buttock, groin or genitals of another person, or touching another person with any of these body parts, or making another touch you or themselves with or on any of these body parts; OR any other intentional bodily contact of a sexual manner. • SEXUAL EXPLOITATION Taking non-consensual or abusive sexual advantage of another for one’s own or a third party’s advantage or benefit Examples: prostitution, photographing or videotaping sexual activity, voyeurism, flashing

9. WHAT IS CONSENT? • Consent - Clear words or actions that are knowingly, freely and actively given indicating permission to engage in mutually agreed upon sexual activity • Must have capacityto consent Capacity lacking where unable to consent due to minority age, use of drugs or alcohol, sleep, mental disability • Consent and use of force 3 types of force: active force, lack of consent & coercion

10. DISCRIMINATORY HARASSMENT Unwelcome verbal, non-verbal, visual or physical conduct based on: Race Sex (including sexual harassment) Sexual Orientation Gender Identity Ethnicity or National Origin Religion Age Genetic Information Disability Veteran Status

11. WHEN….. • Conduct has purpose or effect of unreasonably interfering with work or educational performance; • Conduct creates or has intention of creating an intimidating, hostile or offensive work or learning environment; or • Conduct unreasonably interferes with ability to participate in or benefit from an educational program or activity

12. FREEDOMS • 1st Amendment freedom of speech/expression • Academic freedom Freedoms considered during investigations BUT do not excuse behavior that violates policy.

13. CONSENSUAL RELATIONSHIPS • Faculty and staff, including student employees, cannot date or have a sexual relationship with ANY student they currently supervise, teach, or evaluate in any way. • An employee cannot date or have a sexual relationship with any other employee if either employee supervises, evaluates or in any other way directly affects the terms or conditions of the other’s employment. • Employee with authority cannot participate in any decisions that affect his/her partner’s: • compensation • evaluation • employment conditions • instruction • academic status

14. POSITIONS OF AUTHORITY Individuals in positions of authority at UGA: • Must NOT discriminate against or harass others by virtue of his or her role; • Must appropriately handle reports of incidents of discrimination and/or harassment; • Must report incidents of discrimination and/or harassment about which he/she becomes aware (some exceptions for sexual violence where survivor is speaking with a confidential reporting source and requests confidentiality) Students can be in positions of authority vis-à-vis other students (e.g., RA’s, teaching assistants, student managers)

15. CONFIDENTIALITY • EOO accepts anonymous complaints • Degree of confidentiality available depends on the status of the employee receiving the report: • Privileged Resources – near complete confidentiality • Support Resources – report occurrences of sexual assault without identifying info of the survivor in most cases • Responsible employees – no confidentiality, but can convey the request for confidentiality or no investigation to EOO • EOO reserves the right to investigate cases of sexual violence if the Title IX Coordinator determines there is a threat to the University community • Reasonable efforts always made to protect the privacy rights of both the complainant and the respondent • Remember: YOU do not pick which category you fall into!!!

16. PROCEDURES (Universal Protocol) • If someone discloses a sexual assault to YOU: • Explain level of confidentiality (if any) and identify employees with confidentiality • Explain disclosure does not automatically trigger investigation; but if one must occur, the reporting party will be informed • Explain what info you are obligated to report; relay request for confidentiality • Determine whether safety concerns exist – UGAPD or EOO • Determine whether medical concerns exist – resources • Explain that making a police report does not obligate going forward • Explain the option of making report to EOO

17. PROCEDURES (Universal Protocol) • If someone discloses a sexual assault to YOU: • Explain that report to the police and/or EOO are not mutually exclusive options • Offer to help connect the victim/survivor to RSVP or The Cottage • Provide resource referrals included in Universal Protocol Appx. II • As soon as possible after receiving report, fulfill your reporting obligation

18. PROCEDURES (EOO) • Once EOO receives a complaint or report . . . • INFORMAL RESOLUTION agreed to by parties (if appropriate), or • FORMAL INVESTIGATION, both parties have right to appeal outcome • DISCIPLINE imposed if policy violation found • REMEDIAL MEASURES always an option whether formal or informal, violation or not • SUMMARY ACTION (suspension) at start of the investigation if the person’s continued presence on campus would constitute a threat to safety and well-being

19. NO RETALIATION • Cannot take adverse action against person for making a complaint or participating in an investigation • Retaliation is an independent violation of the NDAH policy

20. OTHER VIOLATIONS • Making deliberate false and/or malicious accusations of discrimination or harassment BUT a no-violation finding does not constitute proof of a false and/or malicious accusation • Failure to report discrimination or harassment by person in position of authority • Disregarding or delaying an investigation when in a supervisory position

21. OMBUDSPERSONS • Serve as third-party neutral information providers who direct individuals to appropriate channels to handle concern http://www.uga.edu/ombudsperson/index.html • Students: Linda Edge– 706-542-8220 ledge@uga.edu • Faculty: Cathy Jones – 706-542-3159 cmjones@uga.edu • Staff: Steve Gibson– 706-542-1147 sgibson@uga.edu

22. Case Study #1 • A student reports to you that she is experiencing fatigue, lack of appetite, inability to get out of bed (i.e., depression) because over spring break she was sexually assaulted by another UGA student (she does not disclose any name). She tells you she is seeing a private therapist and she doesn’t want you to tell anyone. • Do you report this to EOO?

23. Case Study #2 • UGA student Charles walks down the hallway of his University residence hall reciting in a loud voice song lyrics that include derogatory terms relating to race, gender and sexual orientation (all protected categories); Josie, who lives on the hall, complains that this is creating a hostile environment. • Should Josie’s complaint be reported to EOO? • Has the NDAH Policy been violated?

24. Case Study #3 • Terry and Jordan both are UGA students and have been dating for approximately a year. Terry decides to end the relationship even though Jordan would like to continue. Jordan calls, text messages, and Facebook messages Terry asking for reconsideration. Has an NDAH violation occurred?

25. Case Study #3 (Continued) • Terry and Jordan both are UGA students and have been dating for approximately a year. Terry decides to end the relationship even though Jordan would like to continue. Jordan calls, text messages, and Facebook messages Terry asking for reconsideration. Has an NDAH violation occurred? • Terry asks Jordan to no longer make contact, but Jordan continues to do so, believing that Terry may have a change of heart. Jordan also starts making unannounced visits to Terry’s residence hall to discuss their relationship while continuing to send messages and call. Has Jordan violated the NDAH Policy?

26. Case Study #4 • Jackson and Taylor meet at a party.  Both have been drinking excessively, but the house party has run out of alcohol.  Taylor suggests that she has more beers in her room, and invites Jackson and others to come back to her room.  Jackson is the only person who goes back to Taylor’s room.  On the way, Taylor appears to be speaking normally and walking without assistance, though she seems to be laughing at everything.  Once in the room, Jackson and Taylor have sex.  Taylor notifies you the next day and says that she has been sexually assaulted.  What do you do?

27. Case Study #4 • Jackson and Taylor meet at a party.  Both have been drinking excessively, but the house party has run out of alcohol.  Taylor suggests that she has more beers in her room, and invites Jackson and others to come back to her room.  Jackson is the only person who goes back to Taylor’s room.  On the way, Taylor appears to be speaking normally and walking without assistance, though she seems to be laughing at everything.  Once in the room, Jackson and Taylor have sex.  Taylor notifies you the next day and says that she has been sexually assaulted.  What do you do? • If Jackson reports that the sex was consensual is it an NDAH violation?

28. NDAH Policy: http://eoo.uga.edu/policies/non-discrimination-anti-harassment-policy