1. Equal Opportunity Office - located in the Holmes-Hunter Bldg behind the Arches
Legal staff:

2. University of Georgia
Non-Discrimination and Anti-Harassment (NDAH) Policy & Sexual Misconduct Policy
Discrimination and harassment are often intertwined
What about harassment/bullying/disparate treatment that is not related to a protected category?
If occurs while you are at work, may violate UGA’s Workplace Violence Policy which prohibits bullying -> report it to your supervisor and contact Sige Burden in UGA Human Resources who enforces the policy
If harasser/bully is a student, can also make a complaint to the Office of Student Conduct

3. Bottom Line Up Front
Your role is not to apply the policy or conduct investigations under the policy
Your role is to:
Recognize issues that could fall under the policy
Ex. “discrimination,” “harassed”
Race, sexual harassment, sexual orientation etc.,
Sexual or relationship violence
Know what to do with that information, i.e. report it.
Recognize that issues involving harassment and discrimination are beyond your authority to resolve
June 13, 2018

4. PROTECTED CATEGORIES Race
Sex (including sexual harassment [sexual violence & pregnancy)
Sexual orientation
Gender identity
Ethnicity or national origin
Religion
Age
Disability status
Veteran status
Genetic Information
Also includes: dating violence, domestic violence and stalking
It IS NOT a “be nice to everyone all the time” policy
Policy only applies to the protected categories listed here:
Sex includes sexual harassment, also includes gender, gender identity and pregnancy
Genetic information refers to family medical history or information about your DNA (e.g., you carry a gene that predisposes you to a certain disease)
A 2008 federal law prohibits employers and health insurance companies from discriminating against people based on their genetic information
Examples of what is NOT protected:
Political beliefs
Citizenship Status
Regional identities (making fun of a southern accent)
Physical appearance (having a bad hair day, socks don’t match), unless related to one of protected categories like gender identity (e.g., transitioning male who wears make-up) or disability (shortness due to dwarfism)
General rudeness or bullying - use of profanity, verbal abusiveness unless related to a protected category
Example #1 - “You’re such an idiot. You never get anything right” - not protected (unless person being addressed has a mental disability or is perceived by others as having a mental disability)
man to woman => “You never get anything right. I should have asked John do it. I can always count on him.” – may be gender-related, implicates NDAH

5. FREEDOMS 1st Amendment freedom of speech/expression Academic freedom
Freedoms considered during investigations BUT do not excuse behavior that violates policy.
Freedom of expression = free speech under First Amendment
Students enjoy a considerable amount of free speech protection even when the speech is offensive and relates to protected a category (race, sex, national origin etc.)
University employees have much more limited free speech protection => courts have ruled that employers, particularly governmental employers like UGA, have a fairly expansive degree of control over what employees can and cannot do or say on the job
Academic freedom is the exception – instructors have considerable leeway in what and how they teach BUT context is important
e.g., In a literature class where assigned readings involve topic of human sexuality, okay to discuss sex
On the other hand, gratuitous discussion of sexuality in a computer science class probably not protected by academic freedom

6. Responsible Employees and Positions of Authority at UGA
Faculty and Instructors
Administrators
UGA Police
Supervisors
Staff
Students can also be responsible employees or persons in positions of authority:
Graduate TA’s
Student supervisors or managers
University Housing (RA’s, Graduate Residents, etc.)
Orientation leaders
Who is a responsible employee?
all faculty and instructors
all administrators
all law enforcement
students in certain positions (e.g., student managers, residential assistants, graduate assistants)
If in doubt, safest to assume you do hold a position of authority
Duty to report INCLUDES BOTH:
Direct knowledge – you experience or witness it
Indirect knowledge – someone else tells you about it or you overhear someone else talking about it
e.g., someone you are tutoring tells you that one of their professors was making racial slurs => must report it (policy violation if you don’t)
e.g., you overhear two students in the hallway talking about a teaching assistant who was making inappropriate sexual remarks about a professor => should report it

7. Sexual Assault Response Protocol in a Nutshell
Affirm the disclosure
Explain no confidentiality
Ask about safety and medical concerns
Provide options for reporting to Police or EOO
Offer a bridge to support resources
Fulfill your reporting obligations by contacting EOO

8. EXPLAIN NO CONFIDENTIALITY
Only a few employees at UGA have confidentiality:
Counseling & Psychiatric Services (CAPS) at UGA Health Center
UGA Health Center medical clinicians
Relationship & Sexual Violence Prevention (RSVP) at Health Center
Student Support Services in Dean of Students Office
UGA Ombudspersons
Everyone else must report all information known to EOO
Required to report the disclosure and all known details to EOO
Must relay any request for confidentiality or no-investigation
EOO will usually honor such requests absent threat to future safety of individual or University Community
If someone starts out, “I want to talk to you about something but I don’t want you to tell anyone”: let them know before they disclose further that you don’t have confidentiality and, depending what they tell you, you may be obligated to report it to others at the University
If person has already disclosed:
provide affirmation (previous slide) and then explain:
1) University policy requires you to notify EOO
2) this does not automatically trigger an investigation
3) you will relay any request for confidentiality or no-investigation
4) EOO will usually be able to honor such request
5) Request for confidentiality or no-investigation may limit UGA’s ability to take responsive action
Examples of when EOO cannot honor request (not exhaustive):
Multiple reports against same alleged perpetrator
More than one alleged perpetrator
Weapon involved
Perpetrator threatened future harm to survivor or University Community

9. AFTER YOU REPORT: WHAT DOES EOO DO?
Reach out to survivor to offer:
Remedial measures
Resource referrals
Investigation
Track reports to determine trends, hot spots, repeat alleged offenders, etc.
Conduct investigations
Coordinate hearings (where applicable)
Remedial and disciplinary steps as warranted

10. CONSENSUAL RELATIONSHIPS
Faculty and staff, including graduate teaching assistants, cannot date or have a sexual relationship with ANY student they currently supervise, teach, or evaluate in any way.
Employees cannot date or have a sexual relationship if either employee supervises, evaluates, or in any other way directly affects the terms or conditions of the other’s employment.
“Directly affects” => one employee is above the other employee in a vertical  line of authority extending through one or more organizational levels of supervision or management.
Want to avoid actual or perceived favoritism
Also avoids awkward situation there’s a fight or break up – tension or conflict between those two individuals can impact other employees or students
9/18/2019