Reporting and Management Action

All students are encouraged to report events of unlawful harassment, discrimination, and/or unlawful retaliation against themselves or others. A student may attempt to resolve any issue arising under this policy informally.
1. Allegations or suspicions of unlawful harassment (excluding sexual harassment) or unlawful retaliation may be reported by the complainant to the Counselor/Coordinator of Special Populations Services at 912.443.5717. Complaints of sexual harassment should be reported to the Registrar, 912.443.5708. All other complaints of sexual harassment should be reported to the Vice President for Student Affairs, 912.443.5707.
2. Such reports can initially be expressed in writing, by telephone, or in person; however, the report will ultimately be required to be in writing on the Student Grievance form.
3. After an allegation is made to any of the above employees, that employee shall report the allegation to the President, or her designee, as soon as possible, not to exceed 48 hours.
Instructors/administrators who have reason to believe that unlawful harassment, discrimination, and/or retaliation may exist shall immediately inform the President or one of the persons listed above in 1(a).
The reporting individual should keep the information confidential unless release is approved, or unless final action has been approved pursuant to this procedure.
The President may suspend, transfer, or reassign personnel or students involved, in order to prevent possible further harassment, discrimination, retaliation or to facilitate the investigation. In emergency situations of a severe nature the President or her designee may take appropriate actions to protect the complainant/alleged victim and/or to deter the alleged violator from any further harassment of the complainant/alleged victim. If the alleged harasser is an employee, the President shall report all actions of this nature and any subsequent change in status or assignment to the Human Resources Director.
Unless otherwise authorized by the President in writing, no disciplinary action shall be taken against the alleged violator until an investigation has been completed, a written report has been issued and action has been taken in accordance with this procedure.
Any allegation of unlawful harassment, discrimination, or retaliation may be referred by the President to the TCSG System Office Human Resource Director or Legal Services for investigation. Investigations by the Human Resources Director may be done in conjunction with the local investigator at the President’s request.
The System Office Human Resources Director/local investigator shall notify the President of the complaint and the pending investigation, unless otherwise directed by the Commissioner.

A. Investigations:

All complaints of unlawful harassment, discrimination, or unlawful retaliation shall be investigated thoroughly. The President or local investigator is encouraged to consult with the System Office Human Resources Director or Legal Services with any questions or concerns.
If a complaint does not specify facts sufficient to allege unlawful harassment or retaliation as prohibited by this procedure, the local investigator may determine that the allegations shall not be investigated. This will be done with joint approval by the local investigator and President. In the case of an investigation being performed by the Compliance Officer, this shall be done with the joint approval of the Assistant Commissioner of Technical Education and the Executive Director, Legal Services. This decision will be made within five business days of receiving the complaint. Immediately following the decision, notice will be given to the complainant, and the complainant shall have the same rights of appeal as set forth in the Appeal by Complainant section below.
Where a complaint is investigated, the investigation shall commence within five business days of receipt of the complaint.
Investigations will be conducted by gathering relevant information and interviewing appropriate witnesses. All witnesses provided by the complainant will be interviewed.
The process from initial complaint to completed investigation should take no longer than 60 days. If additional time is needed, the complainant will be informed.
The local Investigator/Compliance Officer who conducts the investigation will present facts in a written report to the President.
Reports concerning the unlawful harassment, discrimination, or retaliation of students will be processed and handled confidentially to the extent permitted by law.

B. Review and Disposition:

After reviewing the final report, the President shall make a recommendation, based on a preponderance of the evidence, as to whether the facts support a finding that unlawful harassment, discrimination, or unlawful retaliation has occurred. The President shall make this recommendation within five business days of receipt of the completed investigation.
If the recommendation is that the facts do not support a finding of unlawful harassment, discrimination, or unlawful retaliation, and it is determined that no action should be taken, then the matter can be closed.
If the recommendation is that the facts do support a finding of unlawful harassment, discrimination, unlawful retaliation, or a policy violation, appropriate sanctions will be recommended and taken pursuant to the applicable disciplinary procedure (either student or employee).
The investigator will provide written notice to the complaining party and subject that the investigation is complete.

Notice should be given within five business days, provided a disciplinary action is to be initiated. No parties will be notified until all disciplinary actions are served.

C. Appeal by Complainant:

If the complainant wishes to appeal the recommendation by the President that the facts do not support a finding of unlawful harassment and/or discrimination, the complainant may do so in writing within five (5) business days of receiving notice of the President’s recommendation.
The complainant must send the appeal by regular mail, facsimile, or email to the following:
Executive Director, Legal Services
1800 Century Place NE, Suite 400
Atlanta, Georgia 30345-4304
404.679.1615 (facsimile)
unlawfulharassment@tcsg.edu
The Executive Director of Legal Services will convene a diverse committee of at least three persons to review the investigative file to determine whether there are sufficient facts to support a finding of unlawful harassment/retaliation/discrimination.
If the facts do support a finding of unlawful harassment/retaliation/discrimination, appropriate sanctions will be taken pursuant to the applicable disciplinary procedure.
If the facts do not support a finding of unlawful harassment/retaliation/discrimination, the matter will be closed.
The Executive Director of Legal Services will provide written notice to the complaining party and subject of the investigation within fifteen (15) business days of the receipt of the appeal.