Sex-based Discrimination, Sexual Harassment, and Sexual Misconduct Policy

  1. INTRODUCTION

    1. Prohibition Against Sex-based Discrimination, Sexual Harassment, and Sexual Misconduct
      It is the policy of the Savannah College of Art and Design (the “University”) to maintain an environment for students, faculty, and staff that is free of sex-based discrimination and harassment, including sexual misconduct. All members of the University community should be aware that the University does not tolerate sex-based discrimination and harassment, including sexual misconduct, and is prepared to take prompt remedial action to prevent and address such behavior and remedy its effects.

      This Sex-based Discrimination, Sexual Harassment, and Sexual Misconduct Policy (the “Policy”) addresses the University’s commitment to addressing sex-based discrimination and sexual harassment, including sexual misconduct, within our community, pursuant applicable law.

      Sex-based discrimination and sexual harassment includes discrimination and harassment on the basis of sex, gender, gender identity, sexual orientation, marital status, or any other protected characteristics related to sex or gender under federal, state, or local law. Sexual misconduct is a specific form of sexual harassment and is strictly prohibited by the University. Retaliation is prohibited against a person who reports, complains about, or who otherwise participates in good faith in any matter related to this Policy.

      The University’s process for investigating and responding to reports of violations of this Policy, including the procedures related to the imposition of interim measures or disciplinary measures against an individual alleged to be responsible for a violation, is set out in the Investigation and Disciplinary Procedures for Violations of the Sex-based Discrimination, Sexual Harassment, and Sexual Misconduct Policy (the “Grievance Process”). As described in more detail there, possible sanctions for violations of this Policy include up to:

      1. Suspension or expulsion for students;
      2. Dismissal or termination of employment for faculty and staff members;
      3. Banning from campus and termination of contractual arrangements for third parties.

      Any sanction(s) will be structured to end the conduct, prevent its recurrence, and remedy its effects on the individual(s) affected by the conduct and the University community. Not all violations will be deemed equally serious offenses, and the University reserves the right to impose different sanctions depending on the severity of the offense and take non-disciplinary, administrative actions as appropriate.

    2. Title IX Coordinator
      The Title IX Coordinator (“TIX Coordinator”) has been delegated with the authority to oversee the administration of this Policy.

      The TIX Coordinator oversees the University’s centralized review, investigation, and resolution of reports of violations of this Policy.

      The TIX Coordinator is:

      1. Responsible for oversight of the assessment, investigation, and resolution of all reports of sex-based discrimination, sexual harassment, and sexual misconduct involving students, faculty, staff, and third parties (e.g., non-members of the University community, such as vendors, alumni, visitors, volunteers, or local residents);
      2. Knowledgeable and trained in this Policy, the Grievance Process, and relevant local, state and federal laws;
      3. Available to advise any individual associated with potential sexual misconduct or other violation – including individuals who have experienced misconduct, individuals who are alleged to be responsible for misconduct, and third parties – about the care and support resources, reporting options, and other resources available at the University, both informally and formally, and in the community;
      4. Available to provide assistance to any University employee regarding how to respond appropriately to a report of sex-based discrimination, sexual harassment, sexual misconduct, and other conduct prohibited by this Policy;
      5. Responsible for monitoring full compliance with all procedural requirements and time frames outlined in this Policy and the Grievance Process;
      6. Responsible for training, prevention and education efforts, and periodic reviews of climate and culture related to the conduct prohibited under this Policy.
    3. Inquiries
      Inquiries within the University:
      Inquiries concerning the application of this Policy should be referred to the University’s Title IX Coordinator:

      Title IX Coordinator
      Cris Dykeman
      105 Granite Hall
      Savannah, GA 31401
      912.525.6244
      titleixcoordinator@scad.edu

      Inquiries or complaints to Law Enforcement:
      The local law enforcement agency at each of the University’s locations is responsible for responding to and investigating potential policy violations that involve an allegation of criminal activity.

      Atlanta Police Department
      Emergencies: 911
      226 Peachtree Street SW
      Atlanta, GA 30303
      Non-emergencies: 404.577.8477

      Hong Kong Police Department
      Emergencies: 999
      Central District: 2 Chung Kong Road, Sheung Wan
      Hong Kong

      Lacoste
      Emergencies: 112
      Gendarmerie Nationale
      Place Rene Cassini
      84220 Gordes, France

      Savannah-Chatham Metropolitan Police Department
      Emergencies: 911
      201 Habersham Street
      Savannah, GA 31401
      Non-emergencies: 912.651.6675

      In Lacoste, students may report or address a sexual misconduct to the Deputy Title IX Coordinator, 33(0)6.07.21.99.93. In Hong Kong, students may report or address a sexual misconduct to the Deputy Title IX Coordinator at 852.2253.8016.

      CONFIDENTIAL REPORTS
      Confidential reports of incidents should be reported to SCAD Savannah counseling and student support services, 912.525.6971, for incidents involving Savannah and eLearning community members; SCAD Hong Kong counseling and student support services 852.2253.8055; or SCAD Atlanta counseling and student support services at 404.253.3204 for incidents involving Atlanta or Lacoste community members. In addition, SCAD encourages accurate and prompt reporting of all crimes by others when the victim of a crime elects not to, or is unable to, make such a report.

    4. Relationship of This Policy to External Reporting and Enforcement Options
      This Policy outlines how the University will respond to alleged sex-based discrimination, sexual harassment, sexual misconduct, and other related misconduct, and is separate and distinct from the criminal and civil legal systems.

      The University strongly encourages all individuals who are the subject of potential sex-based discrimination, sexual harassment, sexual misconduct, or other related misconduct to pursue all remedies available to them, including reporting incidents of potential criminal conduct to law enforcement. The contact information for local law enforcement at each of the University’s locations is set forth in Section I(C) above.

      If the conduct in question is alleged to be a violation of both University policy and the law, the University will proceed with its normal process, regardless of action or inaction by outside authorities. Decisions made or sanctions imposed through this Policy or other University policies and/or procedures are not subject to change because criminal or civil charges arising from the same conduct are dismissed, reduced, or rejected in favor of or against the Responding Party.

  2. SCOPE: PERSONS, PROHIBITED CONDUCT, AND LOCATIONS COVERED

    1. Persons
      This Policy applies to all University community members – including faculty, staff, and students – as well as to third parties (including, but not limited to, vendors, alumni/ae, visitors, volunteers, and local residents) who may have contact with members of the University community.

      Third parties are both protected by and subject to the Policy. A third party may report a violation of the Policy committed by a member of the University community. A third party may also be barred permanently from the University or subject to other restrictions for failing to comply with this Policy.

      This Policy defines the following terms in order to clarify the status of the various individuals within the Policy.

      1. Reporting Party: The person who is the subject or target of alleged misconduct.

      2. Responding Party: The person, group, or organization alleged to be responsible for the alleged misconduct.

      3. Institution as Reporting Party: As described in more detail in Section III, there may be circumstances in which the TIX Coordinator determines that, notwithstanding the wishes or availability of the Reporting Party, the University needs to activate the Grievance Process in order to protect the University community. In these cases, the TIX Coordinator will designate an appropriate representative of the University to serve in the role of the “Institution as Reporting Party.”

      4. Third Party Reporter: A person who, even though not the subject of the alleged conduct, reports the alleged conduct to a Responsible Employee at the University. In cases where the alleged misconduct or violation is reported to the University by a Third Party Reporter, the Reporting Party will be notified by the TIX Coordinator that a report has been received, and will activate the intake and assessment process with the Reporting Party (as described further in Section VI).

      5. Responsible Employee: A “Responsible Employee” is a University employee that is generally required to take immediate and appropriate responsive action when s/he knows, or, in the exercise of reasonable care, should have known about sex-based discrimination or sexual harassment that creates a hostile environment. Responsible Employees must notify the TIX Coordinator immediately upon becoming aware of any misconduct or potential violations of this Policy.

        A Responsible Employee includes any employee who:

        1. Has the authority to take action to redress the sex-based discrimination or sexual harassment; or
        2. Has the duty to report incidents of potential sex-based discrimination or sexual harassment or any other misconduct to appropriate University officials; or
        3. A student or employee could reasonably believe has the authority or responsibility to take action.

      Using this lens, employees with supervisory and leadership responsibilities on campus are considered Responsible Employees. These employees include faculty, coaches, administrators, resident advisors, and others with a responsibility for the welfare of our students, faculty, staff, and visitors.

      Within this context of the University’s general duty to respond, the University is committed to protecting the privacy and confidentiality of all individuals involved in a report of sex-based discrimination and sexual harassment, including sexual misconduct. This means that information shared or reported to a Responsible Employee about potential violation of this Policy, will only be shared with a limited circle of University representatives, including the TIX Coordinator. The use of this information is limited to those University employees or other representatives who “need to know” in order to assist in the review, investigation, or resolution of the report. In addition, and within the context of any appropriate investigation and related procedures under the Grievance Process, information may also need to be shared with other parties, including the Responding Party and any witnesses.

    2. Prohibited Conduct
      This Policy addresses sex-based discrimination and sexual harassment that are prohibited within the University community, including:

      1. Sex-based discrimination;
      2. Sexual harassment;
      3. Sexual misconduct,* including:

        1. Non‐consensual sexual intercourse
        2. Non‐consensual sexual contact
        3. Sexual exploitation
        4. Stalking
        5. Intimate partner violence
      4. Any form of retaliation or intimidation related to the foregoing prohibited conduct.

        *Sexual misconduct may occur irrespective of an individual’s sex, gender, gender identity, sexual orientation, marital status, or any other protected characteristics related to sex or gender under federal, state, or local law.

        The University prohibits all forms of sex-based discrimination, sexual harassment, sexual or gender-based misconduct, and any form of retaliation or intimidation related to the foregoing. The University will treat attempts to commit any prohibited conduct as if those attempts had been completed.

        1. Sex-based Discrimination
          For the purposes of this Policy, sex-based discrimination refers to the disparate treatment of a person or group because of that person’s or group’s sex (which includes harassment based on pregnancy, childbirth, or related medical conditions), gender, gender identity, sexual orientation, marital status, or any other protected characteristics related to sex or gender under federal, state, or local law.

        2. Sexual Harassment
          For the purposes of this Policy, sexual harassment is unwelcome conduct that creates an intimidating, offensive, or hostile working or learning environment, or that interferes with work or academic performance that is based on a person’s sex, gender, gender identity, sexual orientation, marital status, or any other protected characteristics related to sex or gender under federal, state, or local law. Sexual harassment includes, without limitation, unwelcome sexual advances, request for sexual favors, or other unwelcome verbal, visual, or physical conduct of a sexual nature. Sexual harassment can be committed by employers, coworkers, students, and third parties.

          Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, or cartoons regarding an individual's sex, gender, gender identity, sexual orientation, marital status, or any other protected characteristics related to sex or gender under federal, state, or local law.

          Such conduct constitutes sexual harassment when:

          1. Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work, or participation in any aspect of a University program or activity; or
          2. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or
          3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance (i.e. it is sufficiently serious or persistent as to create an intimidating, hostile, humiliating, demeaning, or sexually offensive working, academic, residential, or social environment under both a subjective and objective standard).

          A single isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical.

          Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex stereotyping, even if those acts do not involve conduct of a sexual nature.

          The conduct alleged to constitute sexual harassment shall be evaluated from the perspective of a reasonable person similarly situated to the complaining party and in consideration of the context of the behavior.

          Statements or conduct legitimately and reasonably related to the University’s mission of education do not constitute sexual harassment, and unlawful sexual harassment must be distinguished from behavior that, even though unpleasant or disconcerting, is reasonable and appropriate in view of the relevant academic circumstances.

        3. Sexual Misconduct – Forms
          Sexual (including gender-based) misconduct encompasses a broad range of behavior, including sexual violence, which refers to physical sexual acts perpetrated without a person’s consent (consent is further defined below). Sexual misconduct includes the following forms of misconduct under this Policy.

          1. Non-Consensual Sexual Intercourse
            Non-consensual sexual intercourse is having or attempting to have any sexual intercourse, however slight, with any object (e.g. penis, object, finger, hand), by a person upon a person, that is without consent or by force. Sexual intercourse includes vaginal or anal penetration (by penis, object, tongue, or finger) and oral copulation (mouth to genital contact or genital to mouth contact) no matter how slight the penetration or contact.

          2. Non-consensual Sexual Contact
            Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon a person, when such touching is without his or her consent and/or by force.

            Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner.

          3. Sexual Exploitation
            Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.

            Examples of sexual exploitation include, but are not limited to:

            1. surreptitiously observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;
            2. sexually based stalking and/or bullying;
            3. non-consensual digital, video, or audio recording of nudity or sexual activity;
            4. non-consensual sharing or streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved;
            5. exposing one’s genitals or inducing another to expose their own genitals in non-consensual circumstances;
            6. knowingly exposing another individual to a sexually transmitted disease, virus, or infection without the other party’s knowledge; and
            7. inducing incapacitation for the purpose of making another person vulnerable to non‐consensual sexual activity.
          4. Stalking
            Stalking means a course of conduct (two or more acts) in which the stalker was engaged either directly or indirectly through a third party. The behavior is any action, method, device, or means to follow, monitor, observe, surveil, threaten, or communicate about a person.

            The stalking behavior is directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

          5. Intimate Partner Violence
            Intimate partner violence refers to any act of violence or threatened act of violence, sexual or otherwise, made by a person against another person with whom s/he is or has been involved in a sexual, dating, domestic, or other intimate relationship.

            Intimate partner violence is often referred to as dating violence, domestic violence, or relationship violence. Intimate partner violence can encompass a broad range of behavior, including, but not limited to, physical violence, sexual violence, emotional violence, and economic abuse. It may involve one act or an ongoing pattern of behavior. Intimate partner violence may take the form of threats, assault, property damage, violence, or threats of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate partner violence affects individuals of all genders, gender identities, gender expressions, and sexual orientation and does not discriminate by racial, social, or economic background.

            The University does not tolerate intimate partner violence of any form. The University recognizes that sexual harassment, non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, stalking, and retaliation all may be forms of intimate partner violence when committed by a person who is or has been involved in a sexual, dating, or other social relationship of a romantic or intimate nature with the Reporting Party.

        4. Consent
          Consent is required for any sexual activity to occur between two or more individuals. Effective consent consists of an affirmative, voluntary, conscious decision by each participant to engage in mutually agreed‐upon (and the conditions of) sexual activity. In order to give effective consent, one must be of legal age and have the capacity to give consent. The age of consent for this Policy is 16 years, except where the parties are within three years of age of one another, which is the legal age of consent in the State of Georgia.

          The following are essential elements of consent:

          1. Informed and reciprocal: All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.
          2. Freely and actively given: Consent cannot be obtained through the use of force, coercion, threats, intimidation, pressure, or by taking advantage of the incapacitation of another individual.
          3. Mutually understandable: Communication regarding consent consists of mutually understandable words or actions that indicate an unambiguous willingness to engage in (and the conditions of) sexual activity. In the absence of clear communication or outward demonstration, there is no consent. Consent may not be inferred from silence, passivity, lack of resistance, or lack of active response. An individual who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Relying solely upon non-verbal communication can lead to a false conclusion as to whether consent was sought or given.
          4. Not indefinite: Consent may be withdrawn by any party at any time. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. Withdrawal of consent can be an expressed “no” or can be based on an outward demonstration that conveys that an individual is hesitant, confused, uncertain, or is no longer a mutual participant. Once consent is withdrawn, the sexual activity must cease immediately and all parties must obtain mutually expressed or clearly stated consent before continuing any further sexual activity.
          5. Not unlimited: Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant.

            Even in the context of a current or previous intimate relationship, each party must consent to each instance of sexual contact each time. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.

            1. Force
              Consent is not valid if it is obtained through the use or threat of force. Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in (and the conditions of) any sexual activity. For the use of force to be demonstrated, there is no requirement that a Reporting Party resist the sexual advance or request. However, resistance by the Reporting Party will be viewed as a clear demonstration of non-consent.

            2. Coercion
              Consent obtained through coercion is not valid consent. Coercion is the improper use of pressure to compel another individual to initiate or continue sexual activity against that person’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity, or gender expression and threatening to harm oneself if the other party does not engage in the sexual activity. When someone indicates, verbally or physically, that they do not want to engage in a particular sexual activity, that they want to stop a particular activity, or that they do not want to go past a certain point of sexual interaction, continued activity or pressure to continue beyond that point is coercive.

            3. Incapacitation
              Incapacitation is a state where an individual cannot make an informed and rational decision to engage in sexual activity because the person lacks conscious knowledge of the nature of the act (i.e., to understand the who, what, when, where, why or how of the sexual interaction) or is physically helpless.  An individual is incapacitated, and therefore unable to give consent, if they are asleep, unconscious, or otherwise unaware that sexual activity is occurring.

              Sexual activity with someone who one should have known to be – or based on the circumstances should reasonably have known to be – mentally or physically incapacitated (e.g., by alcohol or other drug use, unconsciousness, sleep, or blacked out), constitutes a violation of this Policy.

              Incapacitation may result from the use of alcohol or drugs. However, consumption of alcohol or other drugs alone is insufficient to establish incapacitation. In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties.
              Alcohol and drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.

              Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual harassment, sexual violence, stalking, or intimate partner violence and does not diminish one’s responsibility to obtain consent.

              The impact of alcohol and drugs varies from person to person, and evaluating incapacitation requires an assessment of how the consumption of alcohol or drugs impact an individual’s:

              1. decision‐making ability;
              2. awareness of consequences;
              3. ability to make informed judgments; or
              4. capacity to appreciate the nature and the quality of the act.

              Evaluating incapacitation also requires an assessment of whether a Responding Party knew, or should have known, that the Reporting Party was incapacitated.

    3. Locations Covered
      This Policy applies to conduct occurring on University property or at off campus University-sponsored or -sanctioned programs. This Policy may also apply to conduct that occurs off campus but not at a University-sponsored program or activity if both parties are members of the University community and if the conduct could have a substantial adverse effect on or poses a threat to members of the University community. Judgments about these matters will depend on the facts of an individual case.

  3. CONFIDENTIALITY

    The University strongly encourages individuals who have experienced a potential violation of this Policy to report the incident to the University so that the University can assist these individuals in obtaining access to the support and resources they may need, and so that the University can respond appropriately. The University also strongly encourages all individuals who are the subject of potential misconduct to pursue all internal and external remedies available to them, including reporting incidents of potential criminal conduct to external law enforcement.

    At the same time, the University recognizes that individuals often have important concerns about protecting their privacy and maintaining confidentiality, and that it can be difficult for an individual to decide whether and how to report an incident. Sexual misconduct reports involving students also present unique considerations related to confidentiality, including the need to support individuals who are not prepared to make a report either to the University or to law enforcement, or who may be unsure what happened, but are still seeking information and support. Finally, it is also clear that individuals alleged to be responsible for sex-based discrimination, sexual harassment, or sexual misconduct have important needs with respect to their own care and support. These individuals also have distinct concerns about confidentiality.

    It is within this context that the University is committed to supporting all individuals affected by sex-based discrimination, sexual harassment, or sexual misconduct, whether as a Reporting Party, a Responding Party, or a third party, by providing or assisting with access to care and support resources, and by providing clear information with respect to the level of confidentiality provided by each respective care and support resource. The University is also committed to providing interim remedies or implementing interim measures that are appropriate to all parties.

    1. Types of Confidentiality
      As used in this Policy, “confidentiality” generally refers to the level of protection or control that an individual sharing information (the “Reporting Party”) has with respect to whether the individual or organization receiving the information (the “Receiving Party”) is required or permitted to disclose such reported information to the University or law enforcement without the express permission of the Reporting Party as follows:

      1. Strict Confidentiality
        “Strict Confidentiality” refers to Receiving Parties that are required by law to keep shared information confidential unless there is an imminent threat of harm to self or others or other extreme circumstance, such as abuse of a person under the age of 18. Strictly Confidential resources include: crisis counselors and hotlines, licensed mental health counselors, and chaplains and other ordained clergy.

        It is important to emphasize that these Strict Confidentiality protections apply whether or not the Receiving Party is a representative or employee of the University. Thus, licensed counselors at the Counseling and Student Support Services office provide the same level of Strict Confidentiality protections as do licensed counselors that are unaffiliated with the University.

        As a result, anyone who speaks to a professional counselor within the University should understand that these communications do not represent a report to the University or to a Responsible Employee within this Policy. In addition, if an individual wants to maintain Strict Confidentiality from the University, the individual should recognize that the University will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the Responding Party, and the University will also be limited in its ability to provide a complete range of interim remedies and/or interim measures.

        Finally, an individual who at first requests Strict Confidentiality from a licensed counselor within the University may later decide to request that the University activate the Grievance Process or report the incident to law enforcement, and thus have the incident fully investigated. These counselors can provide assistance if the individual wishes to make such a request.

        A listing of contact information for internal and external resources that provide Strict Confidentiality protections is set forth in Section IV.

      2. Medical Assistance Confidentiality
        In general, the disclosure of private information to medical providers and information contained in medical records is protected by the Health Insurance Portability and Accountability Act (“HIPAA”). In the context of sexual violence, however, medical providers in Georgia are required to notify law enforcement if a patient tells medical personnel that they have experienced sexual violence.

      3. Confidentiality and Reports to the University
        As described in Section II, above, reports to “Responsible Employees” within the University generally impose a duty upon the University to initiate an immediate and appropriate response to such reports or to other information about potential sex-based discrimination or sexual harassment, including sexual misconduct.

        As is also described above in Section II, within the context of the University’s general duty to respond, the University is committed to protecting the privacy and confidentiality of all individuals involved in a report of sex-based discrimination and sexual harassment, including sexual misconduct. This means that information shared or reported to a Responsible Employee about a potential violation of this Policy, will only be shared with a limited circle of University representatives, including the TIX Coordinator, who “need to know” in order to assist in the review, investigation, or resolution of the report. In addition, and within the context of any appropriate investigation and related procedures under the Grievance Process, information may also need to be shared with other parties in order to enable the University to effectively investigate and resolve the report, including, without limitation, the Responding Party and any witnesses.

    2. Requests for Confidentiality or Not to Proceed: Sexual Misconduct Reports Involving Students
      Sexual misconduct cases involving students present unique considerations related to privacy and confidentiality. As a result, if a Reporting Party reporting to a Responsible Employee wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the University’s general policy is to respect such request unless certain overriding factors are present related to the University’s obligation to provide a safe, non-discriminatory environment for all members of the community, including the Reporting Party.

      Based on the foregoing, information or reports presented to a Responsible Employee will be reported to the TIX Coordinator, who will follow-up with the Reporting Party to complete the intake and assessment process described in Section VI. In sexual misconduct cases involving students, the TIX Coordinator will review the Reporting Party's expressed preferences with respect to maintaining confidentiality from the Responding Party and with respect to whether the Reporting Party wants the University to proceed with the Grievance Process.

      1. When the University Cannot Honor a Student Reporting Party's Confidentiality Request
        There are circumstances in which the University may not be able to honor a student Reporting Party's request that the University maintain confidentiality or that it not investigate the reported information, in order to provide a safe, non-discriminatory environment for all members of the University community.

        The TIX Coordinator is responsible for evaluating a request for confidentiality and requests that no investigation or discipline be pursued. To evaluate such requests, the TIX Coordinator will consider a range of factors, including, without limitation, the following:

        1. The increased risk that the Responding Party may commit additional acts of sexual or other violence, such as:

          1. Whether there have been other sexual violence complaints about the same individual;
          2. Whether the individual has a history of arrests or records from a prior institution indicating a history of violence;
          3. Whether the individual threatened further sexual violence or other violence against the student Reporting Party or others;
        2. Whether the sexual misconduct was committed by multiple alleged perpetrators;
        3. Whether the sexual misconduct was perpetrated with a weapon;
        4. Whether the student Reporting Party is a minor;
        5. Whether the University possesses other means to obtain relevant evidence of the sexual misconduct (e.g., security cameras or personnel, physical evidence);
        6. Whether the report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

        The presence of one or more of these factors could lead the University to activate the Grievance Process. If, for example, the University has credible information that the Responding Party has committed one or more prior sexual misconduct violations, the balance of factors would compel the University to investigate the report and, if appropriate, pursue disciplinary action. If none of these factors is present, the University will normally honor a student Reporting Party's request for confidentiality or request that no investigation into a reported incident be conducted.

        If the TIX Coordinator determines that the University cannot maintain a student Reporting Party's confidentiality, the TIX Coordinator will inform the student Reporting Party prior to starting the Grievance Process and will explain that the student Reporting Party is not required to participate in the Grievance Process. If the student Reporting Party does not want to participate, the TIX Coordinator will appoint a representative from the University to serve in the role of “Institution as Reporting Party”. The TIX Coordinator will also review with the student Reporting Party the confidentiality protections associated with the Grievance Process.

        The TIX Coordinator will also continue to monitor the student Reporting Party's well-being, and, consistent with the framework set forth above, will take ongoing steps as appropriate to protect the student Reporting Party's safety, including from retaliation or intimidation.

      2. When the University Can Honor a Student Reporting Party's Confidentiality Request
        The University will continue to monitor and adapt as appropriate the other aspects of the Reporting Party's safety, assistance, and support response plan as described in Section VI.

      3. Limited Ability to Respond if Confidentiality Request Is Honored
        If the University does honor a student Reporting Party's request for confidentiality, the University’s ability to meaningfully investigate the incident and pursue interim remedies and disciplinary action against the Responding Party may be limited.

      4. Other Interim Remedies
        Because the University is under a continuing obligation to address the issue of sexual misconduct campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the TIX Coordinator to consider broader remedial action – such as increased monitoring, supervision, or security at locations where the reported sexual misconduct occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; or revisiting its policies and practices.

  4. CARE AND SUPPORT RESOURCES

    If you need emergency police or medical assistance, please dial 9-1-1.

    1. Resources that Provide Strict Confidentiality
      As described in Section III, care and support resources that provide “Strict Confidentiality” are Receiving Parties who by the nature of their work are required by law to keep information shared with them confidential, and who cannot share information revealed to them to another person without the express permission of Reporting Party, unless there is an imminent threat of harm to the Reporting Party or others.

      1. Crisis Counseling/Hotline Resources
        There are many care and support resources available to individuals in the local community that provide Strict Confidentiality. All individuals are encouraged to use the resources that are best suited to their needs, whether on or off campus.

        United States
        Sexual Misconduct Resources
        RAINN National Sexual Assault Crisis Hotline:
        800-656-HOPE (4673)
        www.rainn.org/get-help/national-sexual-assault-hotline

        Intimate Partner Violence Resources
        National Domestic Violence Hotline
        800-799-SAFE (7233)
        800-787-3224 (TTY)
        www.thehotline.org

        Love Is Respect
        National Dating Abuse Hotline
        866-331-9474
        www.loveisrespect.org

      2. Licensed Counselors at the University
        The following on-campus counseling resources provide Strict Confidentiality protections and are available to provide care and support. These counselors can also provide information about making a formal report with the University or law enforcement.

        Counseling and Student Support Services (available for students at no cost)
        Atlanta and Lacoste
        1600 Peachtree Street NW
        Atlanta, GA  30309
        404.253.3282

        Savannah and Hong Kong
        Chris Corbett
        115 E. York Street
        Savannah, GA 31401
        912.525.6971

    2. Other University Resources
      The University employees or offices listed below can provide or assist with a broad range of information, care, and support needs, including: assisting with access to medical assistance or reporting to law enforcement, accessing crisis counseling or other counseling resources, assisting with or coordinating interim measures and other interim remedies, and providing information about the University’s Grievance Process.

      As described in Section III, these employees or offices are considered “Responsible Employees.” This means that they will maintain the confidentiality of an individual’s information within the limited circle of those employees or representatives who are involved in the University’s assessment, review, and resolution of potential sex-based discrimination and sexual harassment, including sexual misconduct, at the University. Information shared with a Responsible Employee will be reported to the University’s TIX Coordinator, who will follow up with the individual to complete the intake and assessment process described in Section VI.

      Additionally, in sexual misconduct cases involving a student Reporting Party, and as described in more detail in Section III, the TIX Coordinator will review the Reporting Party's expressed preferences, if any, with respect to maintaining confidentiality from the Responding Party, and whether the Reporting Party wants the University to proceed with the Grievance Process. Section III also describes the process by which the TIX Coordinator evaluates whether the University can accommodate the confidentiality request and whether the University must activate the Grievance Process to protect the Reporting Party or the University community.

      Title IX Coordinator
      Cris Dykeman
      105 Granite Hall
      Savannah, GA 31401
      912.525.6244
      titleixcoordinator@scad.edu

      SCAD Campus Safety and Security
      Atlanta
      1600 Peachtree Street NW
      Atlanta, GA 30309
      404.577.8477

      Hong Kong
      292 Tai Po Road
      Sham Shui Po, Hong Kong
      852.2253.8036

      Lacoste
      Rue du Four
      Lacoste, France 84480
      +33.04.90.75.66.32

      Savannah
      345 Bull Street
      Savannah, GA 31401
      912.525.4500

      Deputy Title IX Reporter
      Hong Kong
      Director of Student Success
      292 Tai Po Road
      Sham Shui Po, Hong Kong
      +852.2253.8007

      Lacoste
      Student Success Coordinator
      Rue du Four
      Lacoste, France 84480
      +33.03.07.21.99.93

  5. REPORTING A VIOLATION

    The University strongly encourages all individuals who are the subject of potential misconduct to pursue all interim remedies available to them, including reporting incidents of potential criminal conduct to external law enforcement and incidents of civil rights violations to the appropriate external agencies.

    The University also strongly encourages individuals who have experienced potential sex-based discrimination, sexual harassment, or sexual misconduct to report the incident to the University so that the University can assist these individuals in obtaining access to the support and resources they may need, and so the University can respond appropriately. External and internal reporting options are not mutually exclusive and may be pursued concurrently.

    It is important that individuals who are subjected to sexual violence seek medical attention even if they do not intend to report the incident to local law enforcement. Regardless of whether a report is filed with local law enforcement, individuals should preserve all evidence that could be relevant to any criminal charges that may be brought or that might be needed to obtain a protective order. A special exam should be conducted as soon as possible following a sexual misconduct incident to ensure your physical well-being and to collect evidence that may be useful in criminal proceedings. Before obtaining such an examination, individuals should avoid showering, washing, changing clothes, combing hair, drinking, eating or altering their physical appearance. Even if you decide to forego such an examination, it is still important to get medical attention so that any issues relating to possible injury or disease from the incident may be addressed.

    1. Reports to Law Enforcement
      The University always encourages individuals who have experienced sexual misconduct or other potential crimes to contact law enforcement.

      Atlanta Police Department
      Emergencies: 911
      226 Peachtree Street SW
      Atlanta, GA 30303
      Non-emergencies: 404.577.8477

      Hong Kong Police Department
      Emergencies: 999
      Central District: 2 Chung Kong Road
      Sheung Wan, Hong Kong

      Lacoste
      Emergencies: 112
      Gendarmerie Nationale
      Place Rene Cassini
      84220 Gordes, France

      Savannah-Chatham Metropolitan Police Department
      Emergencies: 911
      201 Habersham Street
      Savannah, GA 31401
      Non-emergencies: 912.651.6675

      Although the University will normally follow an individual’s wishes with respect to contacting law enforcement, there are certain instances in which the University may need to report conduct to law enforcement authorities even when an individual has decided not to do so. Such circumstances include when there is clear and imminent danger or risk to the individual or the University community, when a weapon was involved with the incident, or when the alleged conduct involves sexual misconduct and the individual is a minor (under the age of 18). In these circumstances, the University’s decision to report an incident to law enforcement will be shared with the individual.

    2. Reports to the University
      All members of the University community, even those who are not obligated to do so by this Policy, are strongly encouraged to report information regarding any potential incident of sex-based discrimination, sexual harassment, or sexual misconduct to the TIX Coordinator or other representative designated below. The University cannot take appropriate action unless an incident is reported to the University.

      Section III provides a detailed discussion with respect to the confidentiality of reports to the University, including the University’s process for weighing a request for confidentiality by a student Reporting Party in a sexual misconduct case. Section VI provides a detailed description of the “intake and assessment process” that will be conducted by the TIX Coordinator upon receipt of a report of potential sex-based discrimination, sexual harassment, or sexual misconduct under this Policy.

      1. Report Submission
        A report of a potential violation of this Policy is encouraged to be made in writing, signed, dated and submitted to any one of the individuals listed below, regardless of whether the Reporting Party is a student, faculty member, staff member, or third party. Under no circumstances is an individual required to report sex-based discrimination, sexual harassment, or sexual misconduct to an individual who is the alleged perpetrator. 

        The report should state the name of the alleged perpetrator (if known) and describe with reasonable specificity the incident(s) that constituted a violation of this Policy, including the date, time, and location of such incident(s). The report must be in the Reporting Party's own words, and may not be authored by others, including family members, advisors, or attorneys. Attached to the report should be a list of any sources of information (e.g., witnesses to the event in question, correspondence, records, etc.) that the Reporting Party believes may be relevant to the investigation. However, a report should not be delayed if such sources of information are unknown or unavailable.

        Title IX Coordinator
        Cris Dykeman
        105 Granite Hall
        Savannah, GA 31401
        912.525.6244
        titleixcoordinator@scad.edu

        SCAD Campus Safety and Security
        Atlanta
        1600 Peachtree Street NW
        Atlanta, GA 30309
        404.253.3333

        Hong Kong
        292 Tai Po Road
        Sham Shui Po, Hong Kong
        404.253.3333

        Lacoste
        Rue du Four
        Lacoste, France 84480
        404.253.3333

        Savannah and eLearning
        350 Bull Street
        Savannah, GA 31401
        404.253.3333

        In Lacoste, students may report or address a sexual misconduct to the Deputy Title IX Coordinator, 33(0)6.07.21.99.93. In Hong Kong, students may report or address a sexual misconduct to the Deputy Title IX Coordinator at 852.2253.8016.

        CONFIDENTIAL REPORTS
        Confidential reports of incidents should be reported to SCAD Savannah counseling and student support services, 912.525.6971, for incidents involving Savannah and eLearning community members; SCAD Hong Kong counseling and student support services 852.2253.8055; or SCAD Atlanta counseling and student support services at 404.253.3204 for incidents involving Atlanta or Lacoste community members. In addition, SCAD encourages accurate and prompt reporting of all crimes by others when the victim of a crime elects not to, or is unable to, make such a report.

      2. Coordination with Law Enforcement
        The University encourages the Reporting Party to pursue criminal action for violations under this Policy, such as non-consensual sexual intercourse, that may also be crimes under federal, state, or local law. The University will assist a Reporting Party in making a criminal report and cooperate with law enforcement agencies if a Reporting Party decides to pursue the criminal process to the extent permitted by law.

        The University’s Grievance Process and the legal system work independently from one another, and the University will proceed with its process, regardless of action or inaction by outside authorities. If a police investigation is initiated, the University may pause the Grievance Process briefly at the request of the police to facilitate their initial evidence gathering. Decisions made or sanctions imposed through the Grievance Process are not subject to change because criminal or civil charges arising from the same conduct are dismissed, reduced, or rejected in favor of or against the Responding Party.

      3. Time Limits for Reporting
        To promote timely and effective review, the University strongly encourages individuals who have experienced or who have knowledge of a possible violation of this Policy to make reports as soon as possible following an incident. A delay in reporting may impact the University’s ability to gather relevant and reliable information. The University does not, however, limit the time frame for reporting alleged violations under this Policy. To the extent possible and consistent with the provisions of this Policy, the University will take prompt and appropriate action in response to all reports in order to end the conduct, prevent its recurrence, and address its effects regardless of when the alleged conduct occurred.

        If the Responding Party is not a member of the University community, or is no longer a member of the University community, the University will still seek to meet its commitment and obligation to end any sex-based discrimination or sexual harassment, including sexual misconduct, prevent its recurrence, and address its effects. However, the ability of the University to take disciplinary or other remedial action against the Responding Party will be limited. If the Responding Party is a staff member, faculty member, or student and leaves the University with a pending complaint, the Responding Party will not be permitted to return to the University until the complaint is resolved pursuant to the Grievance Process.

      4. Amnesty for Alcohol or Other Drug Use
        The University encourages the reporting of prohibited conduct under this Policy. It is in the best interest of the University community that as many Reporting Parties as possible choose to report to the University, and that witnesses come forward to share what they know. To encourage reporting, an individual who reports sex-based discrimination, sexual harassment or sexual misconduct, either as a Reporting Party or a witness, will not be subject to disciplinary action by the University for his/her own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. Educational options will be explored, but no conduct proceedings or record will result. However, records regarding the provision of amnesty will be maintained.

      5. Anonymous Reporting
        Any individual may make an anonymous report concerning any alleged violation of this Policy. An individual may report the incident without disclosing his or her name, identifying the Responding Party, or requesting any action. Depending on the extent of information available about the incident or the individuals involved, however, the University’s ability to respond to an anonymous report may be limited.

        The TIX Coordinator will receive the anonymous report and will determine any appropriate steps, including individual or community interim remedies as appropriate, and, in consultation with the Director of Campus Safety and Security, comply with all Clery Act obligations.

      6. Retaliation – Prohibited
        It is a violation of University policy to retaliate, intimidate, or seek retribution in any way against an individual because he or she raised allegations of sex-based discrimination, sexual harassment, sexual misconduct, or other conduct prohibited by this Policy, or because an individual otherwise cooperated or participated in the administration of this Policy. The University recognizes that retaliation can take many forms, may be committed by or against an individual or a group, and that a Reporting Party, Responding Party, or third party may commit or be the subject of retaliation.

        The University will take prompt action to investigate any report of retaliation and will pursue disciplinary action as appropriate.  An individual reporting potential misconduct under this Policy is entitled to protection from any form of retaliation following a report that is made in good faith, even if the report is later not proven.

      7. False Reporting – Prohibited
        It is a violation of this Policy to file a knowingly false or malicious complaint of sex-based discrimination, sexual harassment, sexual misconduct, or other conduct prohibited under this Policy. A report or complaint alleging false reporting by another individual may be pursued pursuant to the process outlined in this Policy for making a formal report or complaint of conduct prohibited under this Policy. A complaint filed in good faith under this provision will not be considered as retaliation.

      8. Public Awareness Events
        Public awareness events in which individuals within the University community disclose incidents of sexual misconduct are not considered notice to the University of sexual misconduct for purposes of triggering its obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts, and the University will provide information about an individual’s rights under this Policy at these events.

  6. THE UNIVERSITY’S RESPONSE PROCESS

    1. Definitions and General Provisions
      The University is committed to providing a prompt, fair, and equitable response to all reports of prohibited conduct under this Policy. When a complaint or report is received, the University will take prompt, remedial actions, including performing an adequate investigation and issuing discipline (where warranted), designed to stop and prevent the recurrence of the conduct.

      Throughout the response process, the University is committed to treating all parties involved in the process – including Reporting Party, Responding Party, and any witnesses – with dignity and respect. In every report under this Policy, the University will make an immediate assessment of any risk of harm to the Reporting Party or to the broader University community and will take steps necessary to address those risks. These steps will include any interim remedies and/or interim measures to provide for the safety of the Reporting Party and the University community.

      1. Definitions

        1. “Interim Remedies”: As used in this Policy, the term “Interim Remedies” generally refers to services that are beyond those normally provided by the University, or exceptions to academic or other policies of the University that the TIX Coordinator determines are reasonable and appropriate to support the Reporting Party, Responding Party, or any other individual and may be independent of the results or outcomes of the Grievance Process. Such Interim Remedies include, for example, providing alternate housing to the requesting party, class schedule adjustments, or other support as described in more detail below.
        2. “Interim Measures”: As used in this Policy and in the Grievance Process, the term “Interim Measures” generally refers to remedies or sanctions that may have a material impact on the Responding Party's rights and privileges at the University, but which the TIX Coordinator determines are reasonable and appropriate to provide for the safety of the Reporting Party or the University community. Such measures include, for example, issuing a “no contact” letter, imposing a non‐disciplinary, interim suspension on a student, or imposing a non-disciplinary leave of absence on a faculty or staff member. A complete discussion of Interim Measures is included in the Grievance Process.
        3. “Non-Disciplinary, Administrative Measures”: As used in this Policy, the term “Non-Disciplinary Administrative Measures” refers to those measures that the TIX Coordinator determines are reasonable and appropriate in response to a report irrespective of the formal outcome of the Grievance Process. Such measures may include, for example, educational initiatives or trainings, or other forms of remedial, community-based responses.
      2. Neutrality of TIX Coordinator
        The TIX Coordinator’s fundamental responsibility is to oversee the University’s compliance with federal and state sex-based discrimination and harassment-related laws, which includes the oversight of a fair, neutral, and equitable process for responding to reports of sex-based discrimination, sexual harassment, and sexual misconduct. As a result, although the TIX Coordinator is an important resource for all parties to a report or complaint, the TIX Coordinator is prohibited from providing direct advice and support to either the Reporting Party or the Responding Party.

      3. Support Persons
        The Reporting Party and Responding Party may choose to be assisted and supported by a support person of her/his choice (“Support Person”) in any meeting or other aspect of procedures outlined in this Policy in which the relevant party is also participating. The Support Person may be present in an advisory or emotional support capacity only, and shall not directly participate or intervene in meetings, the investigation, or other matters related to the University’s response under this Policy.

        Subject to the exceptions set forth below, the Support Person must be a member of the University community and must not have involvement in the underlying case. To serve as a Support Person, the individual will be required to meet with the TIX Coordinator prior to participating in any meetings associated with the complaint (this meeting can occur at the beginning of the TIX Coordinator’s initial intake and assessment meeting with the Reporting Party or the Responding Party).

        Legal Counsel
        Because this Policy and the Grievance Process are administrative in nature, legal counsel is generally not permitted to participate under this Policy or the Grievance Process, and may not serve as a Support Person.

        However, in circumstances in which the conduct in question is alleged to violate the sexual misconduct violations set forth in Sections II(B)(4)(c), both the Reporting Party and the Responding Party have the option to retain outside legal counsel at their own expense to serve in the role of a Support Person as outlined above.

        If a Support Person fails to comply with the procedures set forth in the Grievance Process, the University reserves the right to exclude such Support Person from further participation in the Grievance Process.

    2. Providing for the Safety of the Reporting Party and the University Community
      The University’s first priority when receiving a report of sex-based discrimination, sexual harassment, sexual misconduct, or other conduct prohibited under this Policy is to provide for the safety of the Reporting Party and the University community.

      As a result, whenever the University receives a report of potential misconduct under this Policy that indicates an immediate threat to the Reporting Party or other members of the University community, the University will seek to notify appropriate first responders (medical or law enforcement) as soon as reasonably possible. The University will also implement any Interim Measures as it determines are necessary and appropriate to provide for the safety of the Reporting Party or the University community. A complete discussion of Interim Measures is set forth in the Grievance Process.

      Emergency Notifications or Timely Warnings to the University Community
      If a report of misconduct indicates a potentially serious or continuing threat to the University community, the University may issue a campus-wide emergency notification or timely warning notification (which can take the form of an email to campus, for example) to protect the health or safety of the University community. The emergency notification or timely warning notification will not include any identifying information about the Reporting Party.

      Consistent with legal requirements under the Family Educational Rights and Privacy Act (“FERPA”), at no time will the University release the name of a student Reporting Party to the general public without the express consent of the Reporting Party. The release of the names of other Reporting Parties or Responding Parties to the general public will similarly be guided by FERPA, the Clery Act, and relevant federal, state and local laws.

      Mandatory Reporting as Required by Law
      If the circumstances in a report also indicate a potential crime or misconduct that is subject to mandatory reporting requirements by law (e.g., child abuse), the University will seek to comply with such mandatory reporting obligations as soon as it reasonably can after receiving notice of the alleged incident.

    3. Intake and Assessment with Reporting Party      
      Upon receipt of a report or complaint of potential misconduct under this Policy, the TIX Coordinator (or designee) will request a confidential intake and assessment meeting with the Reporting Party to review the alleged misconduct. This meeting is not intended to serve as an exhaustive investigation interview, but rather to provide the TIX Coordinator (or designee) with sufficient contextual information to determine appropriate next steps to support the Reporting Party and to guide the University’s response. This intake meeting should also not be considered to be a discrete event, but rather as the beginning of an interactive process between the University and the Reporting Party to develop a comprehensive response plan related to the alleged misconduct that will provide for a fair, neutral, and equitable resolution to the alleged misconduct.

      The development of a support and response plan involves two categories of institutional response: i) assistance, interim remedies, and other support that are independent of the activation or outcome of the Grievance Process; and ii) evaluation of the complaint to determine whether to activate the Grievance Process, including the consideration of Interim Measures, sanctions, or other interim remedies that may be appropriate or necessary and that are dependent upon the activation and outcome of the Grievance Process.

      1. Assistance, Interim Remedies, and Other Response Activities:
        Set out below is a summary of the types of assistance and support that the University is committed to providing to Reporting Party independent of the Grievance Process. The TIX Coordinator will coordinate with Reporting Party to review and update these activities as appropriate.

        1. Assistance with Care and Support:

          1. Medical Providers/Law Enforcement: Assistance in contacting medical providers to access medical services; explaining options for reporting to law enforcement and providing assistance in reporting to law enforcement if requested.
          2. Care and Support Resources: Reviewing information about and providing assistance as requested in contacting/accessing the care and support resources that are described in Section IV.
          3. Interim Remedies: Reviewing and, to the extent appropriate, coordinating the implementation of academic and other interim remedies that may be appropriate to support Reporting Party and that may be appropriate irrespective of whether the University activates the Grievance Process, and that also may be appropriate independent of the results of the Grievance Process. Examples of such interim remedies include:

            1. Housing assistance for Reporting Party, such as: changes to on-campus housing, on-campus relocation, assistance with dissolving a housing contract in accordance with housing policies;
            2. Academic assistance such as: providing alternative course completion options, dropping a course without penalty, or transferring to a different class section;
            3. Rescheduling of exams and assignments (in conjunction with appropriate faculty);
            4. Assistance in accessing academic counseling or support services (e.g., tutoring);
            5. Appropriate changes in work or class schedules;
            6. Providing an escort to ensure safe movement on campus;
            7. Facilitating a voluntary leave of absence; and,
            8. Other reasonable interim remedies as the TIX Coordinator determines are appropriate.
        2. Implementing Appropriate Non-Disciplinary Administrative Measures: In addition to direct assistance and support for Reporting Party, the University will also implement such non-disciplinary administrative measures as it determines are reasonable and appropriate irrespective of the outcome of the Grievance Process. Such measures may include general educational initiatives or trainings, or other forms of community-based responses.

      2. Evaluating Whether to Activate the Grievance Process:
        As described previously, the University has a general duty to respond to alleged sex-based discrimination or sexual harassment in order to stop and prevent any misconduct, as well as to take other appropriate steps to address the effects of the misconduct with respect to Reporting Party and the institution as a whole, including the imposition of any appropriate interim measures and/or disciplinary sanctions against the Responding Party. As a result, as soon as the TIX Coordinator has sufficient information through the intake and assessment process, the TIX Coordinator will follow the process below to determine whether to activate the Grievance Process.

        Request for Confidentiality or Not to Proceed in Student Sexual Misconduct Cases
        As described in more detail in Section III, and pursuant to the process described therein, in sexual misconduct cases involving student Reporting Parties, the TIX Coordinator will first consider a student’s request (if any) with respect to confidentiality/not to proceed and will make a determination as to whether it is possible to accommodate such a request, or whether it is necessary to activate the Grievance Process.

        In all other cases
        The TIX Coordinator will make the following determination:

        1. That the reported incident does not merit or require activation of the Grievance Process for such reasons as:

          1. Even if the alleged conduct occurred, such conduct does not represent a violation under this Policy; or
          2. The circumstances indicated that the report or complaint is factually impossible or frivolous (e.g., undisputed information that it was not physically possible for Responding Party to have been present (e.g., that the individual was documented to be out of the country), that the Reporting Party is asserting claims that are directly inconsistent with prior communications or statements and without providing any reasonable basis to explain the inconsistency, or other circumstances as documented in writing by the TIX Coordinator).
        2. That the reported incident merits or requires further investigation pursuant to the Grievance Process.

        The TIX Coordinator’s determination with respect to whether to activate the Grievance Process will normally be communicated to the Reporting Party in writing within five (5) business days of the completion of the intake and assessment process. The TIX Coordinator’s determination is not subject to appeal.

      3. Intake and Assessment Process for Responding Party
        In the event that the TIX Coordinator activates the Grievance Process, the TIX Coordinator will request an intake and assessment meeting with the Responding Party. As with the Reporting Party, the intake and assessment process for the Responding Party is not intended to serve as an exhaustive investigation interview, but rather to provide the TIX Coordinator with sufficient contextual information from the Responding Party's perspective to continue to evaluate appropriate next steps for responding in a manner that is fair, neutral, and equitable for all parties.

        The TIX Coordinator will provide the following information to the Responding Party as appropriate under the circumstances:

        1. Interim Remedies: A review and discussion of any interim remedies that may be appropriate for Responding Party.
        2. Complaint Options/Grievance Process/Interim Measures: A review of the Reporting Party's internal and external complaint options, the University’s Grievance Process – including the current posture of any Interim Measures being implemented or evaluated pursuant to that process. In addition, the University will also review the relationship and status, if known, of the University’s process to any external process that the Reporting Party may also pursue (including reporting to law enforcement or external agencies).
        3. Care and Support Resources: A review of the care and support resources that are available to support the Responding Party (as described in more detail in Section IV).
           
  7. PREVENTION AND EDUCATION
    The University takes education and prevention about issues of sex-based discrimination and sexual harassment, including sexual misconduct, seriously and has programs designed to educate the University community about these important issues.

  8. TRAINING
    The University’s TIX Coordinator is responsible for ongoing development and administration of the University’s various training programs related to this Policy. These trainings include, but are not limited to: annual training for Responsible Employees to remind them of their role and responsibility as a Responsible Employee, reviewing the University’s policies and procedures for responding to reports of sex-based discrimination, sexual harassment, and sexual misconduct, and reviewing the care and support resources as well as reporting options available to students. University officials involved in the administration of this Policy – including the TIX Coordinator, Investigators (as defined in the Grievance Process), Fact Finders (as defined in the Grievance Process), and Appeal Officers (as defined in the Grievance Process) – also participate in ongoing training programs as appropriate to the individual’s respective role.

  9. RELATIONSHIP TO OTHER STATUTES

    1. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”)
      The Clery Act is a federal law requiring institutions of higher education to collect and report statistics on certain crimes in an “Annual Security Report.” Certain University officials have a duty to provide the Department of Safety and Security with information regarding crimes when they are reported to them.  All personally identifiable information is kept confidential, but statistical information regarding Clery-reportable crimes must be shared, including the date and location of the incident (but not the specific address) and information about the reported crime, to allow for proper classification. This report provides the community with information about the extent and nature of campus crime, in order to ensure greater community safety. University officials who are required to inform SCAD Campus Safety and Security of crimes reported to them include: the Department of Public officers, local police, full- and part-time athletic coaches, the Director of Athletics, Dean of Students non-administrative support staff, Resident Assistants, residence life staff, student activities staff, Human Resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities. A copy of the University’s Annual Security Report can be found at scad.edu/life/safety-and-security.

    2. Family Educational Rights and Privacy Act (“FERPA”)
      The outcome of any Grievance Process conducted related to this Policy is part of the educational record of the Responding Party, if the Responding Party is a student; or the employee record, if the Responding Party is a faculty or staff member.

      Generally speaking, the educational records of students are protected from release under a federal law, FERPA (20 U.S.C. § 1232g; 34 CFR Part 99). The University complies with FERPA regulations regarding the privacy of student records and observes the following exceptions to FERPA as mandated by the Clery Act:

      1. The Reporting Party(s) in a Grievance Process related to sexual misconduct pursuant to the Policy have the right to be informed of the findings and sanction(s) of the Grievance Process, in writing, without condition or limitation.
      2. The Reporting Party(s) in sexual exploitation, sexual harassment, stalking, relationship violence, and any other gender-based offense have the right to be informed of the finding, in writing, and to be informed of any sanction(s) that directly relate to them, and to essential facts supporting the outcome when the outcome is “responsible” (and the underlying offense is a crime of violence as defined below and in 34 C.F.R. 99.39) or it is equitable to share the essential findings with all parties.
      3. The Clery Act permits the University to publicly release the name, the nature of the violation, and the sanction(s) for any student who is found in violation of a University policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, intimidation (which may encompass stalking or bullying), hazing, destruction/damage/vandalism of property, and kidnapping/abduction.

      FERPA allows for the release of student records beyond the Clery exceptions listed above. Some other circumstances that provide for the release of student records are listed below. For a full understanding of student rights and FERPA, please see the University’s FERPA policy, which is maintained on the Registrar’s website.

      1. Student education records, including student conduct records, can be subpoenaed by a court of law.
      2. Information from a student’s education record may be released to a third party with the student’s permission. Third parties that may request information from a student’s education record include graduate schools, potential employers, parents, etc. Generally, the student will have signed a release permitting the University to release information.