Definitions

Unlawful Harassment (Other Than Sexual Harassment): unlawful verbal or physical conduct that insults or shows hostility or disliking toward an individual because of that person’s race, color, religion, national origin, age, genetic information, or disability and which:

  1. Has the purpose or effect of creating an objectively and unreasonably intimidating, hostile, or offensive educational environment, or
  2. Has the purpose or effect of objectively and unreasonably interfering with an individual’s educational performance.

Unlawful harassing conduct or behavior can include, but is not limited to, insults, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to race, color, religion, national origin, genetic information, age, or disability. In addition, unlawful harassing conduct can include jokes or pranks that are hostile or demeaning concerning race, color, religion, national origin, age, or disability.

Unlawful harassing conduct may also include written or graphic material that ridicules or shows hostility or aversion toward an individual or group because of race, color, religion, national origin, age, or disability, and that is displayed on walls, bulletin boards, computers, or other locations, or otherwise circulated in a college community in any format.

Conduct that threatens, coerces, harasses, or intimidates another person or identifiable group of persons in a manner considered unlawful under state and federal laws about stalking while on college premises or at college-sponsored activities may also be considered unlawful harassment under this procedure.

Unlawful discrimination: the denial of benefits or admission to the college or any of its programs or activities, either academic or nonacademic, curricular or extracurricular, because of race, color, religion, age, gender, national origin, genetic information, or disability.

Unlawful retaliation: adverse action taken, an unfavorable condition created, or a student or employee took another action for intimidation directed toward a student because the student initiated an allegation of unlawful harassment/retaliation or participated in an investigation of an allegation.

Technical College System of Georgia: all work units and technical colleges are governed by the State Board of the Technical College System of Georgia.

Employees: any individual employed in a full or part-time capacity in any TCSG work unit or technical college.

Visitor: any third party (e.g., volunteer, vendor, contractor, member of the general public, etc.) who conducts business or regularly interacts with a work unit or technical college.

Clinical Site: any off-campus location to which students or faculty are assigned for completion of program requirements, including labs, internships, or practicums.

President: the chief executive officer responsible for the management and operation of the technical college where the complainant and/or accused violator are enrolled or employed.

Human Resources Director: the highest-ranking employee responsible for the human resources function at a technical college or TCSG work unit.

Local Investigator: the individual(s) at the technical college who is responsible for investigating unlawful harassment, discrimination, and/or retaliation complaint. Local investigators may be assigned based on the subject matter of the complaint or their function within the organization.

Compliance Officer: the individual designated by the Deputy Commissioner to coordinate TCSG compliance with Title IX of the Educational Amendments of 1972 and other state and federal laws governing unlawful discrimination and harassment and educational access by disabled individuals.

Section 504 Coordinator: an individual designated by the President of the college to ensure compliance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 as Amended, and any other state and federal regulations governing disabilities; the responsibilities of the 504 Coordinator will include, but may not be limited to evaluating students requesting accommodations for a disability and ensuring equal access to facilities, services, and programs.