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Sexual Misconduct

Contact Info

  • eeo-titleix@georgiasouthern.edu
  • 912-478-5136
  • Statesboro Campus
    Rosenwald Building Room 1066
    P. O. Box 8035
    Statesboro, GA 30460

    Armstrong/Liberty Campus
    Available in the Office of Legal Affairs
    Victor Hall Room 243

Sexual Misconduct Process

What Is the Process?

There are four major stages to the Sexual Misconduct process: Complaint intake, informal resolution (before or after the investigation), the investigation, and the hearing.

Complaint Intake

When a report is filed, the Title IX Coordinator will reach out to the Complainant (the person who experienced the reported conduct) to go over their options on how to resolve the report. The Complainant is provided several options on what to do with their report. Depending on the nature of the report, the Complainant may request:

  • Accommodations and support measures
  • To keep the report on file and not move forward with an investigation
  • To have the Title IX Coordinator speak directly with the Respondent (the person who is alleged to have committed the conduct) through an educational, non-disciplinary, non-punitive conversation
  • Resolution through informal resolution before an investigation (Note: all parties must agree and this typically would not result in a finding of misconduct for the Respondent)
  • Resolution through informal resolution after an investigation (Note: all parties must agree and this may result in a finding of misconduct for the Respondent)
  • Formal resolution after an investigation through the hearing process

For cases that follow the Title IX procedures under the Sexual Misconduct Policy, the Complainant must indicate in writing to the Title IX Coordinator if they wish for the report to move into the investigation phase of the Sexual Misconduct process.

Informal Resolution

Informal resolution is an agreement the Complainant, Respondent, and institution come to in closing a complaint. There are two points in the Sexual Misconduct process where a report can be resolved through informal resolution: before an investigation begins or after an investigation has taken place. Informal resolution prior to an investigation does not typically result in a finding of misconduct for the Respondent; however, informal resolution after an investigation may result in a finding of misconduct for the Respondent. The Complainant and Respondent have the option to end informal resolution and request a formal process at any time before a resolution is reached. Once informal resolution is reached, it is not appealable.

Examples of informal resolution include: A no contact agreement, educational workshops, a reflection paper, etc. For informal resolution after an investigation, examples may also include disciplinary probation, suspension, or other sanctions as outlined in the student Code of Conduct.

Investigation

Once an investigation has been requested, or alternatively the Title IX Coordinator has signed a formal complaint, an investigator will be assigned. This is a neutral individual whose role is to collect as much information as possible from the Complainant, Respondent, and any other parties who have relevant information to share related to the complaint. The investigator will also collect any evidence the Complainant, Respondent, or other parties have such as text messages, videos, screenshots from social media, pictures, etc.

The investigator will start by reaching out to the Complainant to schedule an interview. This is the Complainant’s opportunity to share their story with the investigator. Once the investigator has met with the Complainant, a Notice of Investigation will be sent to the Complainant and Respondent, which includes the identities of both parties, the alleged conduct, and the date and location of the incident (if known). This is also the Respondent’s opportunity to respond to the allegations and share their story through written statement and/or through a meeting with the investigator.

All parties have the opportunity to have a support person or advisor with them during the investigation process. Additionally, the Complainant and Respondent in student Sexual Misconduct cases can be involved as much, or as little, as they choose.

After interviews have been conducted and information has been collected, the investigator will draft an investigation report which summarizes the relevant information and evidence, including whether there is sufficient information to warrant further consideration and adjudication of t he alleged policy violation(s). This report will be shared with the Complainant, Respondent, and their advisors, if applicable. Both parties will have the opportunity to respond to the report, if they choose.

Hearing

If a case is not resolved through informal resolution after the investigation, the report will be finalized and sent to the Office of Student Conduct for adjudication. A copy of the final investigation report will also be shared with the Complainant, Respondent, and their advisors, if applicable. The Office of Student Conduct will assign a conduct officer who will communicate with both parties to discuss the details of the hearing process. The Complainant and Respondent will also be given the opportunity to provide witnesses they would like called at the hearing. For cases that follow the Title IX procedures under the Sexual Misconduct Policy, the Complainant and Respondent must have an advisor at the hearing who will conduct cross examination. If either party does not have an advisor, the institution will provide one for them.

The hearing panel will be made up of three trained faculty or staff members. The Complainant and Respondent may request to provide testimony in a separate room from the other party, so long as no party is unfairly disadvantaged, and they have the opportunity to view the testimony remotely and submit follow-up questions.

Once a decision has been made by the hearing panel, the Complainant and Respondent have the opportunity to submit an appeal based on limited grounds.

For a visual representation of the Sexual Misconduct process, see the Student Sexual Misconduct Investigation Flow Chart and Student Sexual Misconduct Hearing Flow Chart.

See also our Complainant Information Brochure and Respondent Information Brochure.

Sexual Misconduct Resources

Police Department Contact Information

If you have an emergency that requires immediate assistance, contact the police by calling 911 or at the below contact information for each campus location:

Statesboro Campus

  • University Police – (912) 478-5234
  • Statesboro Police – (912) 764-9911
  • Bulloch County Sheriff – (912) 764-8888

Armstrong Campus

  • University Police – (912) 344-3333
  • Savannah Police
    • Northwest Precinct – (912) 651-6990
    • Central Precinct – (912) 651-6931
    • Southside Precinct – (912) 351-3400
    • Eastside Precinct – (912) 898-3252
  • Chatham County Police – (912) 652-6920
  • Chatham County Sheriff – (912) 652-7600

Liberty Campus

  • University Police – (912) 877-1906
  • Hinesville Police – (912) 368-8211
  • Liberty County Sheriff – (912) 876-2131

Brochures

The following brochures are available online specific to Complainants and Respondents in the Sexual Misconduct process.

Sexual Misconduct Policy & Process

Campus Resources

Community Resources

Statesboro Campus

Armstrong/Liberty Campus

Sexual Misconduct Policy

What is Title IX?

Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination against students and employees of educational institutions. Educational institutions that receive federal funding must provide equal opportunity to both sexes. The law reads in part:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

– Title IX of the Education Amendments of 1972, and its implementing regulation at 34 C.F.R. Part 106 (Title IX)

GS/USG Sexual Misconduct Policy

The Board of Regents of the University System of Georgia has issued the Sexual Misconduct Policy, number 6.7, which our institution adheres to. You can also find the Sexual Misconduct Policy in Georgia Southern’s Code of Student Conduct, chapter 9.

USG Sexual Misconduct Policy GS Code of Student Conduct

Sexual Misconduct Definitions

Sexual Misconduct

Includes, but is not limited to, such unwanted behavior as dating violence, domestic violence, nonconsensual sexual contact, nonconsensual sexual penetration, sexual exploitation, sexual harassment and stalking.

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.

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. The existence of such a relationship shall be determined based on the totality of the circumstances including, without limitation to: 1) the length of the relationship; 2) the type of relationship; and 3) t he frequency of interaction between the persons involved in the relationship.

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.

Non-Consensual Sexual Contact

Any physical contact with another person of a sexual nature without the person’s consent. It includes but is not limited to the touching of a person’s intimate parts (for example genitalia, groin, breasts, or buttocks); touching a person with one’s own intimate parts; or forcing a person to touch his or her own or another person’s intimate parts. This provision also including “Fondling” as defined by the Clery Act.

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 or anus of another person. This provision also includes “Rape, Incest, and Statutory Rape” as defined by the Clery Act.

Sexual Exploitation

Taking nonconsensual or abusive sexual advantage of another for one’s own advantage or benefit, or for 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:

  1. Invasion of sexual privacy;
  2. Prostituting another individual;
  3. Nonconsensual photos, video, or audio of sexual activity;
  4. Nonconsensual distribution of photo, video, or audio of sexual activity, even if the sexual activity or capturing of the activity was consensual;
  5. Intentional observation of nonconsenting individuals who are partially undressed, naked, or engaged in sexual acts;
  6. Knowingly transmitting an STD or HIV to another individual through sexual activity;
  7. Intentionally and inappropriately exposing one’s breasts, buttocks, groin or genitals in nonconsensual circumstances; and/or
  8. Sexually based bullying.

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:

  1. Implicitly or explicitly a term or condition of employment or status in a course, program, or activity;
  2. A basis for employment or educational decisions; or
  3. 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.

The USG also prohibits unwelcome conduct determined by a Reasonable Person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to a USG program or activity in violation of Title IX.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a Reasonable Person to fear for their safety or the safety of others or suffer substantial emotional distress.

For the purposes of this definition:

  1. 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, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with person’s property.
  2. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.

For additional terms and definitions, please see the Sexual Misconduct Policy.

See also our Complainant Information Brochure and Respondent Information Brochure.

Inquiries & Complaints

Inquiries or complaints related to Title IX, sex discrimination, sexual harassment, or other forms of sexual misconduct may be directed to the university’s Title IX Coordinator and/or the U.S. Department of Education’s Office for Civil Rights.

The Title IX Coordinator for Georgia Southern is:

Amber Culpepper, J.D.
Statesboro Campus
Rosenwald Building, Room 1066
P.O. Box 8035
Statesboro, GA 30460
912-478-5136
aculpepper@georgiasouthern.edu

Armstrong Campus
Victor Hall, Room 243-244

You can report concerns to the Title IX Coordinator through the online form Request Support & Assistance.

Deputy Title IX Coordinators

Concerns may also be directed to those designated as Deputy Title IX Coordinators:

Julie Ogburn
Assistant Director, Equal Opportunity & Title IX
(912) 478-5136
jogburn@georgiasouthern.edu

Brandy Clouse (Athletics)
Senior Associate Athletics Director for Sports Medicine/Senior Woman Administrator
(912) 478-7581
bpetty@georgiasouthern.edu

While it is everyone’s responsibility at Georgia Southern to comply with Title IX, you can find a list of staff members who have primary responsibility for Title IX compliance.

The Office of Civil Rights

Anyone can file a complaint with the United States Department of Education, Office of Civil Rights (OCR).

The Office of Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
Facsimile: 202-453-6012 TDD#: 800-877-8339
Email: OCR@ed.gov
http://www.ed.gov/ocr

To learn more, visit:
OCR Complaint Process
OCR Complaint Form
OCR Contact Information