Equal Opportunity, Compliance and Conflict Management
Equal Opportunity, Compliance and Conflict Management kcross8Campus Disability Compliance
Campus Disability ComplianceThe Americans with Disabilities Act of 1990 (ADA) is the first comprehensive civil rights law to prohibit discrimination against people with disabilities on the basis of disability. Georgia Tech supports and complies with the provisions of the ADA. If you believe you have a disability and need an accommodation, please contact Georgia Tech's Compliance Advisor at 404-218-9624.
You may also reference the HR Web site for additional information: Disability Services
Grievance Appeal Policy
Grievance Appeal PolicyThe Georgia Institute of Technology is committed to the fair treatment of employees. Accordingly, the Institute has established this Grievance Appeal Policy, which is in alignment with policies and procedures outlined in the University System of Georgia (USG) Human Resources Administrative Practice (HRAP) Manual Dismissals, Demotions, and Suspensions Policy as well as the USG Grievance Policy. This Policy will outline the requirements for Institute Appeals related to administrative actions for suspension without pay, demotion, and dismissal/termination for Staff employees as defined by this policy. The Policy describes the Impartial Board of Review appeal process and the appeal requirements when disputes cannot be resolved through other administrative channels of the Institute.
The Policy provides an avenue of redress beginning at the lowest possible level as well as for subsequent resolution levels.
Staff may utilize the process articulated in this Policy to appeal Suspensions (as defined by USG policy), Demotions and Dismissals for cause.
According to the University System of Georgia's grievance policy, the following types of grievances are prohibited:
- Promotion and Tenure Decisions
- Performance Evaluations
- Hiring Decisions
- Classification Appeals
- Challenges to Grades or Assignments
- Challenges to Salary Decisions
- Challenges to Transfer and Reassignments
- Terminations or layoffs because of lack of work or elimination of position
- Investigations or decisions reached under the Institute's Nondiscrimination and Anti-Harassment Policy
- Terminations that occurred during the six (6)-month provisional period
- Terminations due to a reorganization, program modification, or financial exigency (such employees may apply to the Board of Regents for review)
- The issue underlying the grievance is a charge of discrimination pursuant to the protections afforded by the Nondiscrimination and Anti-Harassment Policy. Such charges should be directed to the Institute’s Nondiscrimination and Anti-Harassment (NDAH) Officer.
First Level of Appeal – Appeal to Manager
The first level of appeal will be to the Skip Level Manager of the person who issued the original employment action decision. The Grievant shall submit their appeal in writing within five (5) business days of the challenged action, indicating specifically why they believe the decision was improper and should be reversed. The manager of the decision-maker may also meet with the Grievant if they believe it would be beneficial in their review of the matter. Instructions for the appeal process are contained in the employment action letter. Templates for employment action letters are developed by GTHR-Employee Relations.
The Manager will provide written notification of their decision to the Grievant, including information on how to contact The Hearing Coordinator in the event they wish to appeal to the Impartial Board of Review (IBR).
Second Level of Appeal – Impartial Board of Review
If the Grievant member wishes to pursue a second level appeal, they may file an appeal to the Impartial Board of Review (IBR). After receiving the Manager's written decision regarding the appeal, the Grievant must formally request to appeal the original employment action to the Impartial Board of Review within 5 business days of the date of the Manager’s appeal decision letter. The request must be made by completing the Petition for Review Form.
The Hearing Coordinator will make every effort to schedule a hearing date within thirty (30) business days from the time that a Grievant officially submits an eligible Petition for Review Form to the IBR. Should extenuating circumstances exist for the Grievant, they may submit a written request for the hearing to be scheduled beyond this period.
A Grievant's failure to cooperate with document submission or other requirements set out in this policy or as required by the Hearing Coordinator, or Grievant’s failure to appear for a scheduled IBR briefing or hearing, will constitute a waiver of the right to appeal.
Should the Grievant allege any form of race, age, sex, color, national origin, sexual orientation, or disability discrimination as a basis for the grievance, the case will be immediately referred to the Institute’s Non-Discrimination Anti-Harassment (NDAH) Officer and will not proceed through the Grievance process.
IBR Board Members
Appeals are heard by a panel consisting of three IBR Board Members. IBR Board Members serve on three-year terms and may serve more than one term. IBR Board Members will also complete formal training on their roles and the hearing process.
The Hearing Coordinator selects IBR Board Members to serve on appeal panels and ensures that selected panel members do not have a conflict of interest and do not work in the same department as the Grievant. Additionally, the Grievant and Management Representative may object to any IBR Board Member who they believe, with reasonable cause, may be incapable of remaining impartial throughout the process. The Hearing Coordinator will inform the parties of the process and timeframes for filing objections. Objections to any IBR Board Member must be submitted to the Hearing Coordinator as soon as possible, but no later than the scheduled briefing with the Hearing Officer.
Additionally, the Hearing Coordinator will provide the IBR Board Members with a copy of all exhibits and documents for review in advance of the hearing date. The Hearing Coordinator will notify the IBR Board Members of the date, time, and location and/or virtual meeting logistics for the scheduled hearing.
Witnesses and Evidence
Evidence shall be limited to witness testimony and documentation that is directly relevant to the employment action in dispute.
The IBR is not bound by the strict legal rules of evidence and may receive any evidence of probative value in order to determine the issues involved; however, every effort will be made to obtain the most reliable evidence available. All substantive matters related to the admissibility of evidence or procedural matters are decided by the presiding Hearing Officer.
Witnesses for the IBR hearing must be current Staff of Georgia Tech, regular or temporary, in good standing. The following groups of individuals may not serve as witnesses:
- Students (A student employee acting as a witness based on their involvement as an employee is not included in this prohibition)
- Members of the staff of the Office of the President (direct and indirect reports)
- GTHR Business Partners (inclusive of GTHR Associate Directors of HR, HR Consultants, HR Coordinators)
- Members of the Employee Relations Team
- Members of the staff of the Office of Legal Affairs
- Former Employees
The Hearing Officer may approve an exception to this rule if such witnesses are directly relevant to the issues raised by the grievance.
Witnesses shall not be harassed, intimidated, or otherwise penalized for appearing at a hearing. The Grievant and Management Representative must obtain their own witnesses. Witness participation is voluntary, and any proposed witness may elect not to participate. The Grievant and Management Representative may each identify up to three (3) witnesses, unless additional witnesses are approved by the Hearing Officer.
A list of proposed witnesses and a copy of all proposed exhibits and documentation must be submitted to the Hearing Coordinator prior to the scheduled briefing with the Hearing Officer. The Hearing Coordinator will inform the parties of the process for submitting the exhibits and documents and set a timeline for submission. Failure to provide witness information, documentation or exhibits may result in the exclusion of the information from the hearing.
Each party shall have the opportunity to present documentation, exhibits and evidence, which the Hearing Officer has previously approved at the IBR briefing and has deemed to be appropriate as well as relevant to the grievance.
Advisors
The Grievant may have an Advisor present at the hearing. This Advisor cannot be an attorney, a student, a member of the Office of the President, a member of the staff of Georgia Tech Human Resources, or a member of the staff of the Office of Legal Affairs. Grievant must obtain the Advisor on their own behalf and inform the Hearing Coordinator of the advisors’ name and contact information. The Advisor must be a current Georgia Tech employee, regular or temporary in good standing. During the hearing, the Advisor may only communicate with the Grievant and is not permitted to question witnesses or advocate to the Hearing Officer or panel on the Grievant’s behalf.
Hearing Process
The parties involved are required to attend separate briefings with the Hearing Officer no later than one (1) week prior to the hearing. The purpose of the briefing is to review the hearing protocol and answer any questions about the process. Each party’s proposed exhibits, documents and witness list will be reviewed at the briefing. Failure to attend the briefing or any other scheduled meeting in support of the grievance process without due cause will result in immediate loss of appeal rights.
The Grievant and Management Representative may present relevant evidence upon approval by the Hearing Officer, including up to three (3) witnesses. No cross-examination of hearing participants is permitted during the proceedings.
Recommendations of the IBR
The IBR, after considering all relevant evidence, will make a recommendation as to whether the facts/information presented during the hearing supports the identified employment action, using the preponderance of evidence standard. The IBR's report shall be based on evidence admitted for the hearing, including statements from the Grievant, Management Representative, and witnesses. The IBR's recommendation will be by majority vote. The Hearing Officer shall prepare a written report that includes the findings and all relevant information. The report will be submitted to the to the President (or the President’s designee), who shall make the final Institute decision. The Grievant will be informed of the final Institute decision in writing and advised of any further right to appeal.
Confidentiality
All efforts shall be made to keep the details regarding the grievance and IBR hearing confidential. All witnesses, participants, Hearing Officers, Hearing Coordinators, and IBR Board Members will strive to maintain confidentiality by sharing information related to the grievance and the IBR hearing only with parties directly related to the matter. The hearing will be closed, and only the Hearing Officer, the assigned IBR members, Grievant, Grievant’s Advisor, Management Representative and Hearing Coordinator will be present in the hearing. Witnesses will be admitted to the hearing only during their testimony and then immediately dismissed. Georgia Tech will maintain confidentiality, but records maybe subject to disclosure subject to state open records and meetings laws.
Non-Retaliation
All parties participating in activities under the Grievance Appeal Policy are protected from retaliation pursuant to the USG and Georgia Tech’s Non-Retaliation Policy.
This policy applies to benefits eligible, permanent staff employees of the Georgia Institute of Technology. This policy does not apply to faculty, temporary staff, and those staff within their first six months of employment.
| Demotion | A demotion is defined as a reassignment from one position to another position at a lower pay grade or salary range. A demotion can also be defined as a reassignment of duties to a lower level of pay or responsibility even if there is not a change in the employee’s job title or position. Involuntary demotions may occur if work is eliminated, abolished or reorganized, as a disciplinary action or if a classified employee is unable to perform the work satisfactorily. |
| Dismissal | Termination of employment for cause. Termination of employment due to a RIF or position elimination is excluded. |
| Good Standing | An employee, in an eligible position, who has also been identified by the employee’s supervisor as satisfactorily meeting the performance standards of their position. An eligible employee shall not have any formal disciplinary actions during the last two years. |
| Grievance | A formal concern raised by an individual regarding a personnel decision (suspension, demotion, dismissal) perceived to be unfair, unjust, or in violation of established policies, procedures, or rights. The grievance seeks a resolution or remedy through a structured appeals process, ensuring due process and fairness. |
| Grievant | The individual that formally submits a grievance, seeking resolution or remedy for a perceived unfair, unjust, or improper decision, action, or treatment, through the established appeals process. |
| Hearing Coordinator | The Hearing Coordinator is an employee that is designated to serve as the central point of contact for the administration of the appeal process and conduct of all appeal related activities. |
| Hearing Officer | The Hearing Officer presides over IBR appeal proceedings. |
| Impartial Board of Review (IBR) | A designated group of employees assigned to consider and review Grievances filed by an employee in response to a Suspension, Demotion or Dismissal for cause. |
| Impartial Board of Review Members | IBR Members are employees who have been identified to hear appeals requested by the Grievant. |
| Management Representative | A Management Representative is an employee designated by the Department to present evidence in IBR activities and proceedings. |
| Provisional (Probational) Employee | An employee hired to fill a regular position within first six (6) months of employment. Pursuant to USG Provisional Appointments Policy. An employee may be terminated at any time during the provisional period without a right of appeal. |
| Skip-Level Manager | The manager one level above the employee’s immediate supervisor. |
| Staff | Employees working in Staff Professional, Administrative, and Non-exempt positions as defined by the USG Policy on Employee Categories. |
| Suspension | A period of time an employee is not allowed to work and for which the employee will receive no compensation when it has been determined the employee’s performance of duty or personal conduct is unsatisfactory. |
Hearing Coordinator
The Hearing Coordinator is responsible for (including but not limited to) the
following:
- Coordinating and communicating with the Grievant, management
representative, and witnesses regarding briefing and/or hearing times, dates,
locations and/or virtual meeting logistics; document submission and
transmission, identification, and participation of witnesses and /or advisors
as appropriate; - Coordinating and communicating with the Hearing Officer and IBR Board Members regarding briefing and hearing times, dates, locations and/or virtual meeting logistics, document provision and transmission for review;
- Maintaining and providing appeal documentation to accompany final reports;
- Selecting IBR Board Members for assignment to appeal hearings;
- Coordinating IBR Board Member selection and training activities.
Hearing Officer
The Hearing Officer must be unbiased and is responsible for:
- Training IBR members on committee expectations and processes;
- Presiding over the appeal briefings and hearings;
- Preparing a report to Legal Affairs and the President (or designee) in a timely fashion;
- Disclosing real or potential conflicts of interest with the Grievant or management representatives;
- Reviewing and clarifying the process and order of proceedings to the Grievant and management representative;
- Reviewing/approving Grievant and management witnesses, documents, videos, or other exhibits for use as evidence in appeal hearings.
Grievant
The Grievant is responsible for:
- Contacting the Hearing Coordinator in a timely manner and as instructed in the employment action letter;
- Completing the Online IBR Appeal Request Form in a timely manner and as instructed;
- Providing and preparing documents, videos, other exhibits and witness lists to the Hearing Coordinator in a timely manner and as instructed;
- Attending the scheduled IBR Briefing and Hearing. Failure to attend these sessions forfeits appeal rights;
- Disclosing real or perceived conflicts of interest with selected IBR Board members;
- Maintaining confidentiality regarding the IBR proceedings;
- Identifying an advisor, if desired.
Management Representative
The Management Representative is responsible for:
- Responding to the Hearing Coordinator’s informational requests in a timely manner and as instructed; Providing and preparing documents, videos, other exhibits and witness lists to the Hearing Coordinator in a timely manner and as instructed;
- Obtaining management witnesses as appropriate;
- Attending the scheduled IBR Briefing and Hearing;
- Disclosing real or perceived conflicts of interest with selected IBR Board
members; - Maintaining confidentiality regarding the IBR proceedings.
IBR Members
IBR Members are responsible for:
- Attending training;
- Responding to Hearing Coordinator’s availability/informational requests on a
timely basis; - Advising the Hearing Coordinator/Hearing Officer of potential conflicts of
interest with Grievant or management representatives; - Reviewing documentation/evidence approved for use in the hearing;
- Attending appeal hearings;
- Making objective decisions/recommendations based on the evidence presented
in the hearing; - Disposing of documentation/evidence properly after the close of appeal
hearings; - Maintaining confidentiality regarding IBR proceedings;
- IBR members are prohibited from seeking out evidence and interviewing
individuals. IBR members interaction with parties is limited to the IBR hearing.
| Revision Date | Author | Description |
|---|---|---|
| 10/2025 | EOCCM | New Policy |
Information Technology Accessibility Policy
Information Technology Accessibility PolicyThe Georgia Institute of Technology (“Institute”) is committed to providing equality of opportunity to persons with disabilities, including equal access to Institute programs, services and activities provided through Information Technology (IT). This policy establishes minimum standards and expectations regarding the design, acquisition or use of Information Technology.
The Institute commits to ensuring equal access to all Institute programs, services and activities provided through Information Technology, whether provided directly by the Institute or by a vendor. As provided in Part VII, below, all Institute offices using vendor-provided Information Technology shall ensure that such IT complies with the Accessibility Standards contained in this policy. Unless an exemption applies, all schools, colleges, departments, offices and entities of the Institute shall adhere to the Institute’s Accessibility Standards, as defined below.
Incorporating principles of universal design in the development, acquisition, and implementation of IT and related resources helps the Institute ensure that these resources (documents, web pages, information, and services) are accessible to the broadest possible audience.
Individual web pages published by students, employees or non-Institute organizations that are hosted by the Institute and which do not conduct Institute-related business are encouraged to adopt the accessibility standards contained in this policy, but fall outside the jurisdiction of this policy.
Definitions:
| Information Technology | “Information Technology” means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources, including, but not limited to computers and ancillary equipment, instructional materials, software, videos, multimedia, telecommunications, or web-based content or products developed, procured, maintained, or used in carrying out Institute activities. |
| Institute Accessibility Standards | “Institute Accessibility Standards” means, at a minimum, the standards of the Web Content Accessibility Guidelines 2.0, Level AA, as created and published by the Web Accessibility Initiative of the World Wide Web Consortium, as well as the requirements of Sections 504 and 508 of the Rehabilitation Act of 1973 and their implementing regulations. “Institute Accessibility Standards” also means, more generally, those generally accepted principles of universal design which helps individuals with disabilities access the services, programs, and academic, extracurricular and research offerings of the Institute. |
Legacy Web Pages Legacy Documents Legacy Multimedia | “Legacy Web Pages,” “Legacy Documents,” and “Legacy Multimedia”, mean web pages, electronic documents, and multimedia created before January 1, 2013. |
| Revised Web Page | “Revised Web Page” means any web page where a significant alteration or update is made to the visual design of the page or a major revision of the content of the page is made. |
| Universal Design | “Universal Design” means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. |
Applicability:
This policy applies to all IT resources that are acquired, developed, distributed, used, purchased or implemented by or for any Institute unit and used to provide Institute programs, services, or activities, including but not limited to:
1. Web Pages
a. All new web pages and Revised Web Pages, website templates, and website themes must comply with the Institute’s Accessibility Standards.
b. All new and Revised Web Pages must indicate in plain text a method for users having trouble accessing the page to report that inaccessibility.
c. Legacy Pages determined by the publishing department or unit to be of the highest priority in providing Institute services online (core institutional information) shall comply with the Institute’s Accessibility Standards.
d. Unless an exception applies and is appropriately documented, for any Legacy Web Page or any other web page that for any reason does not comply with the Institute’s Accessibility Standards, the Institute will, upon request, convert or render the non-compliant web page so as to meet the Institute’s Accessibility Standards or will provide to the requestor access to the web page’s information in manner that is equally effective as the original page.
2. Electronic Documents
This policy and the Institute Accessibility Standards apply to all electronic documents.
3. Multimedia
This policy and the Institute Accessibility Standards apply to all multimedia.
Exemptions:
1. Legacy Web Pages, Legacy Documents, and Legacy Multimedia are not required to comply with Institute’s Accessibility Standards unless
- specifically requested by an individual with a disability (though units are encouraged to identify and improve the accessibility of Legacy Pages even in the absence of specific requests),
- significant and substantial revisions to the web pages, documents, or multimedia are undertaken after the creation of the original, or
- the nature or function of the web page, document, or multimedia is determined by the creating department to be essential to the purpose of the department or program.
2. Undue burden and non-availability may qualify as an exemption from this policy when compliance is not technically possible, or is unreasonably burdensome in that it would require extraordinary measures due to the nature of the IT or would alter the purpose of a web page. The conclusion of undue burden or non-availability is an institutional decision to be made by the Institute’s Office of Equity and Compliance Programs in consultation with the affected unit(s) and others with relevant perspective or expertise. Notwithstanding the foregoing, an individual in need of an accommodation to access the program, service or activity shall request the same of the Institute’s ADA Coordinator or IT Accessibility Coordinator.
3. IT resources specific to a research or development process in which no member of the research or development team requires accessibility accommodations may be exempt. In such cases, the lead investigator must document that, upon inquiry, no member of the research or development team identified as requiring an accommodation.
Purchasing:
In order to ensure accessibility of IT products, Institute officials responsible for making decisions about which products to procure must consider accessibility as one of the criteria for acquisition. This is especially critical for enterprise-level systems or technologies that affect a large number of students, faculty, and/or staff. Considering accessibility in procurement involves the following steps:
- Vendors must be asked to provide information about the accessibility of their products as required by the Institute’s Computer Technology Request (CTR) process.
- The information provided by vendors must be valid and measured using a method that is reliable and objective.
- Those making procurement decisions must be able to objectively evaluate the accessibility of products and to scrutinize the information provided by vendors.
Assistance with ensuring that appropriate contractual language is included in all IT purchasing documents may be obtained through the Institute’s Purchasing Office.
Compliance:
The Institute’s ADA Coordinator is responsible for overseeing compliance with regard to state and federal laws and regulations that prohibit discrimination on the basis of disability and require reasonable accommodation. Questions or concerns regarding compliance with this policy, or complaints of discrimination, should be directed to the ADA Coordinator, who contact information is contained below.
Questions regarding the Institute’s Accessibility Standards, resources, and other technical matters may be addressed to the Institute’s IT Accessibility Coordinator, who contact information is below.
To report an accessibility issue or non-compliance with this policy, please email gtaccessibility@gatech.edu.
To report suspected instances of noncompliance with this policy, please visit Georgia Tech’s EthicsPoint, a secure and confidential reporting system, and read more about the EthicsPoint Portal.
Contacts
Institute ADA Coordinator:
Denise Johnson-Marshall
ADA Coordinator
dmarshall@gatech.edu
(404) 385-5151
IT Accessibility Coordinator:
James Logan
Quality Assurance Manager,
james.logan@oit.gatech.edu
Assistance with IT Purchasing:
Purchasing Office
purchasing.ask@business.gatech.edu
(404) 894-5000
| Revision Date | Author | Description |
|---|---|---|
| 1/15/2016 | Equity and Compliance Programs and OIT | New Policy |
Nondiscrimination and Anti-Harassment Policy
Nondiscrimination and Anti-Harassment PolicyThe Georgia Institute of Technology (“Georgia Tech” or “the Institute”) is committed to equal opportunity, hiring decisions based on merit, and an environment free from discrimination, harassment, and retaliation in its educational programs and activities, including employment.
The Board of Regents of the University System of Georgia (“BOR”) and Georgia Tech prohibit discrimination on the basis of an individual’s age, color, disability, genetic information, national origin, race, religion, sex, or veteran status (“protected status”) to the full extent of federal and state law. No individual shall be excluded from participation in, denied the benefits of, or otherwise subjected to unlawful discrimination, harassment, or retaliation under, any Institute program or activity because of the individual’s protected status; nor shall any individual be given preferential treatment because of the individual’s protected status, except that preferential treatment may be given on the basis of veteran status when appropriate under federal or state law.
Further, Georgia Tech prohibits the use of citizenship status, and immigration status discrimination in hiring, firing, and recruitment, except where such restrictions are required in order to comply with law, regulation, executive order, or Attorney General directive, or where they are required by Federal, State, or local government contract.
Georgia Tech takes active measures to prevent such conduct and investigates and takes remedial action when appropriate. If the Institute determines that an incident of harassment created a hostile environment in its programs or activities, the Institute will take steps reasonably calculated to (a) end the harassment, (b) eliminate any hostile environment and its effects, and (c) prevent the harassment from recurring, including by extending interim measures and/or by
extending opportunities for, as appropriate, informal resolution and/or a formal resolution (investigation and adjudication).
Georgia Tech holds the First Amendment guarantees of freedom of speech, freedom of expression, and the right to assemble peaceably as an essential cornerstone to the advancement of knowledge and the right of a free people. Additionally, Georgia Tech protects freedom in academic instruction, research, publication, and individual
expression. This Policy does not conflict with those guarantees.
This Policy applies to any reported Prohibited Conduct committed by students, employees (faculty, staff, or other paid employees), volunteers, visitors, contractors/vendors, or others, that occurs:
- on Georgia Tech premises;
- at Georgia Tech sponsored programs or activities;
- in any building owned or controlled by a student organization and
- off-campus as determined by the following factors (including, but not limited to):
- Any action that constitutes a criminal offense as defined by law. This
includes, but is not limited to, single or repeat violations of any local, state, or federal law. - Any situation in which it is determined that the Respondent poses an
immediate threat to the physical health or safety of any student,
employee, or other individual affiliated with Georgia Tech. - Any situation that significantly impinges upon the rights, property, or
achievements of Georgia Tech community members, significantly
breaches the peace, and/or causes social disorder. - Any situation that substantially interferes with Georgia Tech’s educational interests or mission.
- Any action that constitutes a criminal offense as defined by law. This
Online Harassment and Misconduct: Georgia Tech’s policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited by this Policy, when those behaviors occur in, or have an effect on, Georgia Tech’s education program and activities or when they involve the use of Georgia Tech’s networks, technology, or equipment.
Although Georgia Tech may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to Georgia Tech, it will engage in a variety of means to address and mitigate the effects. If a member of the Institute community engages in harassing speech (online/off campus) tied to a protected characteristic, which then manifests on campus in a way that creates a hostile working and/or learning environment for another member of the Institute community, then the Institute may conduct an assessment to determine whether a potential hostile environment exists. At that time, appropriate action may be taken in alignment with this Policy and its content.
For concerns of sexual misconduct, the applicable policy is found here: Sexual Misconduct Policy. Additionally, please see the Equal Opportunity, Compliance, and Conflict Management (EOCCM) Website for more information.
| Complaint | A document submitted or signed by a Complainant or signed by EOCCM alleging a Respondent engaged in Prohibited Conduct under the NDAH Policy and requesting that the Institute investigate the allegation(s). |
| Complianant | An individual who is alleged to have experienced/subjected to conduct that violates this Policy. |
| Discrimination | Discrimination is subjecting an individual or group to adverse action – including differential treatment – on the basis of actual or perceived membership in a Protected Status under this Policy. Adverse actions can include (but are not limited to) termination, denial of a promotion, or denial of access to the educational environment. |
| Disparate Treatment Discrimination | Any intentional differential treatment of an individual or group of individuals that is based on the individual’s actual or perceived protected status and that (1) excludes an individual from participation in; (2) denies an individual the benefits of; or (3) otherwise adversely affects a term or condition of an individual’s participation in an Institute program or activity. |
| Employee | An individual who is employed part-time, full-time, or in a temporary capacity as faculty or staff. |
| Failure to Comply/Process Interference |
|
| Harassment | Unwelcome conduct on the basis of actual or perceived protected status, that, based on the totality of the circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it limits or denies an individual’s ability to participate in or benefit from the Institute’s education, employment, or other programs or activities. |
| Institute Community | Students, faculty, and staff as well as contractors, vendors, visitors, and guests. |
| Prohibited Conduct | Discrimination, harassment, and retaliation based on protected status. |
| Respondent | An individual or individuals who are alleged to have engaged in conduct that violates this Policy. |
| Retaliation | The Institute or any member of the Institute’s community taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual to interfere with any right or privilege secured by law or Policy or because the individual has made a report or complaint, provided information, assisted, participated, or refused to participate in any manner in an investigation or proceeding under this Policy. |
| Student | Any person who is taking or auditing classes of the Institute, either full-time or part-time; is participating in academic programs; or is pursuing undergraduate, graduate, or professional studies. A Student is also any person who matriculates in any Institute program, has been accepted for enrollment, or is eligible to re-enroll without applying for readmission. |
A. Reporting Prohibited Conduct
Individuals are encouraged to make reports or complaints to EOCCM. EOCCM shall evaluate Complaints to determine if this Policy applies. If it does, Georgia Tech maintains procedures for resolving complaints of Prohibited Conduct here:
Resolution Process for Alleged Violations of the Georgia Institute of Technology
Equal Opportunity, Nondiscrimination, and Anti-Harassment Policy. Georgia Tech will process complaints under this Policy according to these procedures.
Individuals who believe that they have been subjected to Prohibited Conduct in
violation of this Policy and wish to report that conduct may use either the Informal Resolution Procedure or the Formal Resolution Procedure, or both. The informal and formal processes are not mutually exclusive, and neither is required as a prerequisite for choosing the other; however, they cannot be used simultaneously. Georgia Tech will provide notice of allegations and outcomes in accordance with its procedures.
If EOCCM determines a complaint does not fall within the scope of this Policy,
EOCCM will dismiss the complaint and/or refer Complainant to the appropriate
office and/or resources.
In the event of a conflict between this Policy and the accompanying procedures, this Policy controls.
Georgia Tech encourages the reporting of discrimination, harassment, or retaliation as soon as possible. While there is no statute of limitations on Georgia Tech’s ability to respond to a report, the ability to respond diminishes with time, as information and evidence may be more difficult to secure.
Filing a Report or Complaint
A Complaint informs Georgia Tech that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Complaint. Reports or Complaints of Prohibited Conduct may be made using any of the following options:
- File a report or Complaint with or give verbal notice to EOCCM. Such a report or Complaint may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail, to EOCCM. Contact information for EOCCM is located at:
https://eoc.gatech.edu/about/meet-the-team. - Report online at the following link: EOCCM Reporting Form. Anonymous
reports are accepted, but the report may give rise to a need to try to
determine the parties’ identities. Anonymous reports typically limit Georgia
Tech’s ability to investigate, respond, and provide remedies, depending upon what information is shared. Measures intended to protect the community or redress or mitigate harm may be enacted. It also may not be possible to provide interim measures to Complainants who are the subject of anonymous reports. - Report via email to eoc@gatech.edu.
B. Duty to Report
Responsible Employees who become aware of specific and credible allegations of Prohibited Conduct are required to report the suspected violations to EOCCM
immediately by using the online reporting form at: EOCCM Reporting. Responsible Employees who fail to report incidents of Prohibited Conduct to the EOCCM may be subject to disciplinary action.
This obligation complements the obligation of responsible employees, as defined by the Institute’s Sexual Misconduct Policy, to report conduct prohibited under that policy to the University’s Title IX Coordinator.
C. Standard of Proof
All resolution processes conducted under this Policy apply the preponderance of the evidence standard of proof (i.e., whether it is more likely than not that the Respondent violated the Policy as alleged).
D. Interim Measures/Support Services
Interim measures or support services may be implemented by Georgia Tech at any point after the Institute becomes aware of alleged misconduct and shall be designed to mitigate potential Prohibited Conduct.
Interim measures for students will be implemented pursuant to BOR Policy 4.7.2 Process for Investigating and Resolving Disputed Reports.
E. Confidentiality
Information related to an investigation of Prohibited Conduct can be sensitive, and the Institute will take appropriate steps to maintain the greatest degree of confidentiality possible and as allowed by law. In all situations, confidentiality is maintained on a strict need-to-know basis; however, confidentiality can only be preserved insofar as it does not interfere with the Institute’s obligation to investigate Prohibited Conduct that requires the Institute to take corrective action. While EOCCM does not impose mandates barring individuals from disclosing matters related to its investigations, participants in an investigation will be advised that maintaining confidentiality is essential to protect the integrity of the investigation.
F. Amnesty
Individuals should be encouraged to come forward and to report prohibited discriminatory or harassing conduct notwithstanding their consumption of alcohol or drugs. Information reported by a student during an investigation concerning their own consumption of drugs or alcohol will not be used against the particular student in a disciplinary proceeding or voluntarily reported to law enforcement; however, students may be provided with resources on drug and alcohol counseling and/or education, as appropriate. These students may be required to meet with staff members in regards to the incident and may be required to participate in appropriate educational program(s). The required participation in an educational program under this amnesty procedure will not be considered a sanction.
Nothing in this amnesty provision shall be interpreted to prevent an individual who is otherwise obligated by law (including under the Clery Act) from reporting information or statistical data as required.
G. Independence and Conflicts of Interest
EOCCM employees, and all other Georgia Tech officials designated to assist in the resolution of alleged Policy violations, act with independence and authority free from bias and conflicts of interest. These individuals are vetted and trained to ensure they are not biased for or against any party in a specific complaint, or for or against Complainants and/or Respondents, generally.
To raise any concern involving bias, conflict of interest, misconduct, or
discrimination by any Georgia Tech Official assigned the responsibility of a thorough and impartial review of NDAH concerns, contact the Vice President for Equal Opportunity, Compliance, and Conflict Management or designee.
H. Required Employee Training
Employees shall receive training on preventing Prohibited Conduct that complies with federal and state laws and regulations.
Each Institute employee is required to participate in the training program provided by this section no later than the 30th day after the date the employee is hired and is required to attend training every year thereafter.
I. External Reporting Options
Concerns about the Institute’s application of this Policy and compliance with certain civil rights laws may be addressed to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline: (800) 421-3481
Facsimile: (202) 453-6012
TDD: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Equal Employment Opportunity Commission
Atlanta District Office
Sam Nunn Atlanta Federal Center
100 Alabama Street, SW, Suite 4R30
Atlanta, GA 30303
Phone: (800) 669-4000
Facsimile: 404-562-6909
Web: https://www.eeoc.gov/fieldoffice/atlanta/location
Violations of this Policy may result in discipline up to and including termination for employees, expulsion for students, and/or exclusion from campus programs and/or activities.
Policy Revision:
The Policy and associated procedures supersede all previous policies addressing discrimination, harassment, and retaliation. EOCCM regularly reviews and updates the Policy and associated procedures. Incidents occurring before the Policy’s effective date will be addressed using the policy that was in place at the time of the incident, but the procedures used will be those in place at the time of the Complaint.
The Institute reserves the right to make changes to this document as necessary, and those changes are effective once they are posted online. If laws or regulations change or court decisions alter policy or procedural requirements in a way that impacts this document, this document will be construed to comply with the most recent laws, regulations, or court holdings. This document does not create legally enforceable protections beyond the protections of the background federal and state laws that frame such policies and codes, generally.
A change required by a court or government order could occur during an active investigation or resolution process. If that happens, the Institute reserves the right to adjust the Policy and associated procedures accordingly and notify the Parties of any necessary mid-process changes. This could include entirely replacing the Policy or associated procedures, which could necessitate restarting an investigation or resolution process. The Institute will make every effort to minimize the impact on the Parties as much as possible if changes are unavoidable.