Albany State University (ASU) is committed to providing prompt and equitable resolution of any complaint involving gender based discrimination, hereinafter referred to as sexual misconduct, which includes dating violence, domestic violence, sexual exploitation, sexual harassment and stalking. ASU’s commitment also extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity. Any individual who believes that sexual misconduct has been perpetrated against him/her or another member of the community should follow this grievance procedure.
A formal complaint is initiated when a reporting individual notifies a responsible employee, privileged employee or confidential employee that an incident of sexual misconduct has occurred. The Title IX Coordinator/Compliance Officer will review every complaint to assess whether the issue is covered under Title IX. If the complaint is covered by a different university policy, the alleged victim will be notified, information will be forwarded to the appropriate individual and no further action will be taken by the Title IX Coordinator/Compliance Officer.
Note: Reporting an incident is not the same as requesting a formal investigation. Absent an emergency which poses a potential risk for the reporting individual, alleged victim, or other members of the University community and before a formal investigation can be initiated, the alleged victim must give consent to pursue such action.
If an incident involves prohibited behavior that is covered under Title IX, upon obtaining consent from the alleged victim, the formal investigative process will be initiated.
Before a reporting individual reveals information that he/she may wish to keep confidential, a responsible employee should make every effort to ensure that the reporting individual understands: (i) the type of information the employee is obligated to report to the Title IX Coordinator/Compliance Officer; (ii) the student’s option to request the school maintain his or her confidentiality, which the school will consider; (iii) the student’s option to report to a privileged employee at the Counseling Center or Student Health Services and the limitations of making the report to such an individual and (iv) that information is shared with only those who have a legitimate need to know.
If a member of the University community wishes to discuss an incident of sexual misconduct
in confidence, he or she must speak directly with a privileged employee. University employees will make every effort to honor requests for confidentiality,
but cannot absolutely guarantee it. However, every request for confidentiality will be considered and weighed against
the risk of harm or the potential thereof to the reporting individual and/or other
members of the University community. If the request for confidentiality cannot be
honored, the reporting individual will be informed prior to the disclosure of the
information and interim measures will be implemented in order to protect the reporting
individual and ensure the safety of others.
An alleged victim who initially requests confidentiality should be reminded that he/she may later request a full investigation of the incident. Honoring requests for confidentiality may limit the school’s ability to respond fully to the incident, including pursuing disciplinary action against the respondent. Privileged Employees may be contacted at:
Albany State University Counseling & Student Disability Services
Albany State University Student Health Services
In accordance with Federal law, ASU has designated certain individuals as responsible
employees including faculty, staff and student employees, whose employment functions
involve relationships with students or those who have significant responsibility for
student welfare and/or campus activities; who have the authority to take action to
redress sexual violence; who have been given the duty of reporting incidents of sexual
violence or any other misconduct by students. Responsible employees must promptly or as soon as practicable report any act of sexual misconduct to the Title IX Coordinator/Compliance Officer. The report must include all known information about the complaint.
Note: A Responsible Employee is not authorized to use his/her own independent judgment regarding whether to report to the Title IX Coordinator/Compliance Coordinator. The reporting requirement is mandatory not discretionary.
Responsible Employees may be contacted at:
Albany State University Equity & Compliance Director / Title IX Coordinator
Albany State University Police Department
Albany State University Housing & Residence Life
Staff and Residential Assistants
Albany State University Office of Student Affairs & Success
Student Ethics & Integrity Coordinator
University Judicial Officer
Albany State University Faculty & Staff Representatives Faculty Senate President
Staff Council President
Note: Others including coaches and athletic trainers, faculty, staff, and administrators are also designated as Responsible Employees.
The alleged victim may choose to file a criminal complaint with the University Police
and/or local law enforcement. Law Enforcement may be contacted at:
Albany State University Police Department
Local Law Enforcement (Albany State University Police Department may assist with coordination.)
When the accused is a university employee, the reporting individual may also report
the incident to the Office of Human Resource Management or request that one of the
above referenced representatives assist them in reporting to Human Resources. When
the accused is an employee of an affiliated entity or vendor of the university, university
officials will, at the request of the reporting individual, assist in reporting to
the appropriate office of the vendor or affiliated entity.
Albany State University Office of Human Resources Management
If the reported incident involves any act of sexual violence, whoever is first notified should discuss the following with the alleged victim:
- Personal safety and protection from the perpetrator,
- Seeking medical attention to obtain treatment for pregnancy, sexually transmitted infections, and possible injury as well as to preserve any available evidence,
- Contacting the Title IX Coordinator/Compliance Officer about University resources and supports as well as rights and options,
- Contacting the Student Counseling Center and Student Health Services or the Lily Pad SANE Center, and/or
- Filing a report with ASU Police or local law enforcement.
All evidence should be preserved, if possible, as this may be necessary to establish that sexual violence has occurred. Evidence is best preserved, if following the incident, the individual against whom the act has been perpetrated reports the incident and immediately seeks medical attention. When seeking medical attention following an act of sexual violence, the alleged victim is encouraged to retain clothing or any item which might have evidence of the act, and refrain from taking a bath/shower, brushing his/her teeth, or using mouthwash.
The Coordinator shall report to his/her direct supervisor and the System Director
any allegation(s) of sexual misconduct that may require interim measures. The Title
IX Coordinator/Compliance Officer or his/her designee may impose interim protective
measures before the final outcome of an investigation if failure to implement the
interim measures would constitute a threat to the safety and well-being of the reporting
student, alleged victim or other members of the University Community.
Note: If an interim suspension is issued, the terms of the suspension take effect immediately.
Upon request, the respondent will have an opportunity to be heard by the respective
conduct officer, Title IX Coordinator, or System Director, as appropriate, within
three business days in order to determine whether the interim suspension should continue.
Process for Investigating and Resolving Institutional Reports
The institution shall take necessary and appropriate action to protect the safety and well-being of its community. Accordingly, sexual misconduct perpetrated against students by University System of Georgia students, faculty, or staff should be addressed whenever such acts occur on a campus, in connection with an institution’s program or activity, or in a manner that creates a hostile environment for members of the institution community. Further, the policy is applicable to all University System of Georgia students, faculty, and staff, as well as contractors, vendors, visitors, guests or other third parties.
All sexual misconduct investigations involving a student respondent, whether overseen
by the institution’s Coordinator or the System Director, shall follow the investigation
process set forth in Section 4.6.5 of the Board of Regents Policy, Standards for Institutional
Student Conduct Investigation and Disciplinary Proceedings, which is referenced below.
Both the alleged victim and respondent, as parties to the matter, shall have the opportunity to use an advisor (including an attorney) of his/her choosing for the express purpose of providing advice and counsel at his/her own expense. The selected advisor shall not otherwise be a party or witness involved in the investigation. The advisor may be present during any meetings and proceedings involved in the investigatory or resolution process in which the advisee is also eligible to be present. The advisor may advise the advisee, including providing questions, suggestions, advice on the proceedings, and guidance on responses to any questions of the participant, but shall not participate directly. The institution shall not prohibit family members of any party from attending if the party requests such attendance, but may limit the number to two family members.
Efforts will be made to complete the investigation within a reasonable timeframe, which will be determined based upon the allegations, availability of witnesses and/or evidence, etc. in a particular case. When the timeframe will extend past the reasonable timeframe, the parties will be informed of the delay and the reason for the delay. The investigator shall keep the parties informed of the status of the investigation.
All sexual misconduct hearings, sanctions, and appeals involving a student respondent,
whether overseen by the institution’s Coordinator or the System Director, shall follow
the investigation process set forth in Section 4.6.5 of the Board of Regents Policy,
Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings,
which is referenced below.
In determining the severity of sanctions or corrective actions the following should
be considered: the frequency, severity, and/or nature of the offense; history of past
conduct; an offender’s willingness to accept responsibility; previous institutional
response to similar conduct; strength of the evidence; and the wellbeing of the university
community. The hearing panel, hearing officer or administrator that found that a policy
violation occurred will determine sanctions and issue notice of the same, as outlined
“Where the sanction imposed includes a suspension or expulsion (even for one held
in abeyance), the following appellate procedures must be provided. The alleged offender
(and in cases involving sexual misconduct or other forms of discrimination and/or
harassment, the alleged victim) shall have the right to appeal the outcome on any
of the following grounds: (1) to consider new information, sufficient to alter the
decision, or other relevant facts not brought out in the original hearing, because
such information was not known or knowable to the person appealing during the time
of the hearing; (2) to allege a procedural error within the hearing process that may
have substantially impacted the fairness of the hearing, including but not limited
to whether any hearing questions were improperly excluded or whether the decision
was tainted by bias; or (3) to allege that the finding was inconsistent with the weight
of the information.
Recusal / Challenge for Bias
Any party may challenge the participation of any institution official, employee or student panel member in the process on the grounds of personal bias by submitting a written statement to the Dean of Students setting forth the basis for the challenge. The designee shall not be the same individual responsible for investigating or adjudicating the conduct allegation. The written challenge should be submitted within a reasonable time after the individual knows or reasonably should have known of the existence of the bias. The Dean of Students will determine whether to sustain or deny the challenge and, if sustained, the replacement to be appointed.”
Statement against Retaliation
Retaliation via threats, intimidation, coercion or by any other means against a member of the University community who filed a complaint or participated in any manner in the school’s investigation proceedings is prohibited under Title IX and is a violation of ASU policy. ASU will seriously consider any act(s) of retaliation and take immediate action to investigate, prevent the recurrence of and remedy any retaliatory effects. Reports of retaliation will be reviewed and investigated in the same manner in which other allegations of misconduct are handled. Any student or employee who engages in retaliation may be subject to sanction(s) or disciplinary action.
*The grievance procedure may be modified or amended by the Compliance Officer/Title IX Coordinator at any time when appropriate and with prior notice.
**The Compliance Officer/Title IX Coordinator has the authority to investigate all allegations of discrimination prohibited by Title IX.
For more information, please contact: Kimberly Carter, Equity & Compliance Director / Title IX Coordinator
at (229) 500-3304 or e-mail firstname.lastname@example.org.