Definitions
Definitions:
- Advisor: An individual who provides support to a student or organization during the conduct process. This individual is usually selected by the student; however, upon request, a trained member of the university community can be appointed.
- Artificial Intelligence: Technology that enables computers and machines to simulate human learning, comprehension, problem solving, decision making, creativity and autonomy.
- Community: Students, faculty, and staff, as well as contractors, vendors, visitors, and guests
- Complainant: An individual who is alleged to have experienced conduct that violates this policy (or any other University policy)
- Confidential Employee: University employees who have been designated by the University to talk with an alleged victim in confidence. Confidential employees must only report that the incident occurred and provide date, time, location, and name of alleged respondent (if known) without revealing any information that would personally identify the alleged victim. This minimal reporting must be submitted in compliance with Title IX and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). However, to ensure campus safety, Confidential Employees may be required to fully disclose details of an incident.
- Consent: Words or actions that show a knowing and voluntary willingness to engage in mutually agreed- upon sexual Consent cannot be gained by force, intimidation, or coercion, by ignoring or acting despite objections of another, or by taking advantage of the incapacitation of another, where the respondent knows or reasonably should have known of such incapacitation. Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Minors under the age of 16 cannot legally consent under Georgia law. Either party can withdraw consent at any time by using clear words or actions.
- Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the alleged victim. Dating violence includes but is not limited to sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
- Domestic Violence: Violence committed by a current or former spouse or intimate partner of the alleged victim; by a person with whom the alleged 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; or, by a person similarly situated to a spouse of the alleged victim.
- Hazing: “(vi) The term ‘hazing’, for purposes of reporting statistics on hazing incidents under paragraph (1)(F)(iv) [of the Stop Campus Hazing Act], means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that--
- is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
- causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including--
- whipping, beating, striking, electronic shocking, placing of a harmful substance on someone's body, or similar activity;
- causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
- causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances
- causing, coercing, or otherwise inducing another person to perform sexual acts;
- any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;
- any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
- any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law."
- Hearing: A formal or informal process conducted to arrive at corrective recommendations regarding alleged student misconduct.
- Hearing Panel: A group of individuals who hear cases of alleged student misconduct within the formal hearing process. Panel members for hearings of alleged student misconduct cases are composed of five members selected from the Student Conduct Committee; however, cases involving alleged sexual misconduct consist of three University faculty and/or staff.
- Incapacitation: The physical and/or mental inability to make informed, rational judgments, and can result from mental disability, sleep, involuntary physical restraint, or from intentional or unintentional taking of alcohol and/or other drugs. Whether someone is incapacitated is to be judged from the perspective of an objectively reasonable person.
- Non-consensual Sexual Contact: Any physical contact with another person of a sexual nature without the person’s consent. Sexual contact includes but is not limited to, touching of a person’s intimate parts (such as breasts, buttocks, groin, or genitals); touching another person with one’s own intimate parts; or forcing a person to touch his or her own or another person’s intimate parts.
- Non-consensual Sexual Penetration: Any penetration of the vagina, anus, or mouth by a penis, object, tongue, finger, or other body part; or contact between the mouth of one person and the genitals of another.
- Plagiarism: The act of presenting the work or ideas of another as your own without crediting said author(s) with or without the consent from the original author(s); may include submitting your own previously completed work without citation
- Preponderance of the evidence: This term refers to evidence that would lead a reasonable person to conclude that it is more likely than not that the act in question did occur.
- Privileged Employees: Individuals employed by the institution to whom a complainant or alleged victim may talk in confidence, as provided by law. Disclosure to these employees will not automatically trigger an investigation against the complainant’s or alleged victim’s wishes. Privileged Employees include those providing counseling, advocacy, health, mental health, or sexual assault related services (e.g., sexual assault resource centers, campus health centers, pastoral counselors, and campus mental health centers) or as otherwise provided by law. Exceptions to confidentiality exist where the conduct involves suspected abuse of a minor (in Georgia, under the age of 18) or otherwise provided by law, such as imminent threat of serious harm.
- Reasonable Person: An individual who is objectively reasonable under similar circumstances and with similar identities to the person being evaluated by the institution.
- Reporter: An individual who reports an allegation of conduct that may violate this policy but who is not a party to the complaint.
- Respondent: An individual who is alleged to have engaged in conduct that violates this policy (or any other university policy).
- Responsible Employees: Those employees who must promptly and fully report complaints of or information regarding sexual misconduct to the Title IX Coordinator. Responsible Employees include any administrator, supervisor, faculty member, or other person in a position of authority who is not a Confidential Employee or Privileged Employee. Student employees who serve in a supervisory, advisory, or managerial role are in a position of authority for purposes of this policy (e.g., teaching assistants, residential assistants, student managers, orientation leaders). Responsible Employees are not required to report information disclosed at public awareness events (e.g., “Take Back the Night,” candlelight vigils, protests, “survivor speak-outs” or other public forums in which students may disclose incidents of prohibited conduct).
- Restorative practice (RP): Restorative practice is a term used to describe behaviors, interactions and approaches which help to build and maintain positive, healthy relationships, resolve difficulties, and repair harm where there has been conflict. It promotes healing, accountability, and community building. The work of Restorative Practices is informed by values and principles which emphasize the importance of involving those most affected in any given situation.
- Sexual Exploitation: Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited. Examples of sexual exploitation may include, but are not limited to, the following:
- Invasion of sexual privacy.
- Prostituting another individual.
- Non-consensual photos, video, or audio of sexual activity.
- Non-consensual distribution of photos, video, or audio of sexual activity.
- Intentional observation of nonconsenting individuals who are partially undressed, naked, or engaged in sexual acts.
- Knowingly transmitting an STD/STI or HIV to another individual through sexual activity.
- Intentionally and inappropriately exposing one’s breasts, buttocks, groin, or genitals in non-consensual circumstances.
- Bullying based on sex or gender.
- Sexual Harassment (Student on Student): Unwelcome verbal, nonverbal, or physical conduct based on sex (including gender stereotypes), determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to participate in or to benefit from an institutional education program or activity.
- Sexual Harassment (Other Than Student on Student): Unwelcome verbal, nonverbal, or physical conduct, based on sex (including gender stereotypes), that may be any of the following:
- Implicitly or explicitly a term or condition of employment or status in a course, program, or activity
- A basis for employment or educational decisions; or
- Is sufficiently severe, persistent, or pervasive to interfere with one’s work or educational performance creating an intimidating, hostile, or offensive work or learning environment, or interfering with or limiting one’s ability to participate in or to benefit from an institutional program or activity.
- Sexual Misconduct: Includes, but is not limited to, such unwanted behavior as dating violence, domestic violence, non-consensual sexual contact, non-consensual sexual penetration, sexual exploitation, sexual harassment, and stalking.
- Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.
- Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- Student Judicial Council (SJC): Enrolled students representing a cross-section of the student body appointed by the Student Conduct Compliance Officer. These members make up the majority of the Student Conduct Committee
- Student organization: “(vii) The term ‘student organization’, for purposes of reporting under paragraph (1)(F)(iv) and paragraph (9)(A) [of the Stop Campus Hazing Act], means an organization at an institution of higher education (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution. Student organizations that are referred to the conduct process will be represented by the president, or their designee, of that organization.
- University property: Refers to all land, buildings, facilities, adjacent streets or sidewalks, and other property (vehicles, etc.) that is in the possession of or owned, used, or controlled by the University.
Student Conduct & Title IX
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Student Health Center, 2nd Floor
200 Georgia Avenue
Valdosta, Georgia 31698 -
Mailing Address
1500 N. Patterson St.
Valdosta, GA 31698 - Phone: 229.333.5409