In accordance with Title IX of the Education Amendments of 1972 (Title IX), the University System of Georgia (USG) and Valdosta State University (VSU) do not discriminate on the basis of sex in any of its education programs or activities or in employment. The USG and VSU are committed to ensuring a safe learning and working environment for all members of the campus community. To that end, this policy prohibits sexual misconduct as defined herein.

In order to reduce incidents of sexual misconduct, USG institutions, including VSU, are required to provide prevention tools and to conduct ongoing awareness and prevention programming and training for the campus community. Such programs will promote positive and healthy behaviors and educate the campus community on consent, nonconsensual sexual misconduct, alcohol use, dating violence, domestic violence, stalking, bystander intervention, and reporting.

When sexual misconduct does occur, all members of the VSU community are strongly encouraged to report the incident promptly through the procedures outlined in this policy. The purpose of this policy is to ensure uniformity in reporting and addressing sexual misconduct.

Initial Review of Sexual Misconduct Reports:
Upon notice of the alleged Sexual Misconduct the Title IX Coordinator (“Coordinator”) will assess whether a formal investigation, informal resolution, or dismissal would be appropriate. In making this determination, the Coordinator will assess whether the allegation(s), if true, would rise to the level of prohibited conduct, whether a formal complaint must be filed, whether an investigation is appropriate in light of the circumstances, whether the parties prefer an informal resolution, and whether any safety concerns exist for the campus community. The need to issue a broader warning to the community in compliance with the Clery Act shall be assessed in compliance with federal law.


Confidentiality:
Where a Complainant requests that their identity be withheld or the allegation(s) not be investigated, the Coordinator will consider whether such request(s) can be honored in a manner consistent with the University’s obligations to promote a safe and nondiscriminatory environment. The Complainant should know that the University cannot guarantee confidentiality. Honoring a Complainant’s request for confidentiality will not prevent the University from reporting information or statistical data as required by law, including the Clery Act.

Retaliation:
Anyone who has made a report or complaint, provided information, assisted, participated, or refused to participate in any manner in the Sexual Misconduct process, shall not be subjected to retaliation. Anyone who believes that they have been subjected to retaliation should immediately contact the Coordinator or their designee. Any person found to have engaged in retaliation shall be subject to disciplinary action.

False Complaints/Statements:
Individuals are prohibited from knowingly making false statements or knowingly submitting false information to a system or University official. Any person found to have knowingly submitted false complaints, accusations, or statements, including during a hearing, shall be subject to appropriate disciplinary action (up to and including suspension or expulsion) under the appropriate University process.

Amnesty:
Students are encouraged to come forward and to report Sexual Misconduct notwithstanding your choice to consume alcohol or to use drugs. Information reported by a student during the Sexual Misconduct process concerning the consumption of drugs or alcohol will not be used against the 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. Nevertheless, these students may be required to meet with staff members regarding 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 prevent a staff member who is otherwise obligated by law (the Clery Act) from reporting information or statistical data as required.

Jurisdiction:
Valdosta State University will continuously take necessary and appropriate action to promote the safety and well-being of its community. Accordingly, Sexual Misconduct will be addressed when such acts occur on University property, at University-sponsored or affiliated events, or otherwise violates the University’s student conduct policies, regardless as to where such conduct occurs. Title IX jurisdiction is slightly narrower.

Access to Advisors:
For formal Title IX complaints: Both the Complainant and the Respondent, as parties to the matter, shall have the opportunity to use an advisor (who may or may not be an attorney) of the party’s choosing. The advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the Sexual Misconduct process, including providing questions, suggestions and guidance to the party, but may not actively participate in the process except to conduct cross-examination at the hearing as outlined in the Resolution/Hearing section below. If a party chooses not to use an advisor during the investigation, the University will provide an advisor for the purpose of conducting cross-examination on behalf of the relevant party. All communication during the Sexual Misconduct process will be between the University and the party and not the advisor. VSU will copy the party’s advisor prior to the finalization of the investigation report when that report is
provided to the parties for their right to inspect and review directly related information gathered during the investigation, if the party has requested. If it has not been requested, the parties will be responsible for sharing the document with their advisor. At the party’s request, the advisor may be copied on all communications.

For non-Title IX Sexual Misconduct complaints: Both the Complainant and the Respondent, as parties to the matter, shall have the opportunity to use an advisor (who may or may not be an attorney) of the party’s choosing at the party’s own expense.

The advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the Sexual Misconduct process but may not actively participate in the process. All communication during the Sexual Misconduct process will be between the University and the party and not the advisor. At the party’s request, the advisor may be copied on all communications.

Interim Measures:
Interim measures may be implemented at any point after the institution becomes aware of an allegation of Sexual Misconduct and should be designed to protect any student or other individual in the VSU community. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the University’s educational environment, or deter Sexual Misconduct and retaliation. Interim measures will be implemented consistent with the provisions in the applicable Board of Regents and University policies and procedures.

An interim suspension will only occur where necessary to promote safety and will be limited to those situations where the Respondent poses a serious and immediate danger or threat to persons or property. In making such an assessment, the University will consider the existence of a significant risk to the health or safety of the Complainant or the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk.

Before approval for an interim suspension is sought from the USG, the University will make reasonable efforts to give the Respondent the opportunity to be heard on whether their presence on campus poses a danger. If an interim suspension is requested and approved, the terms of the interim suspension take effect immediately. The Respondent will receive notice of the interim suspension and the opportunity to respond to the interim suspension. Within three business days of receiving a challenge the University will determine whether the interim suspension
should continue.