第九条

THE TECHNICAL COLLEGE SYSTEM OF GEORGIA
第九条程序
对信访人提出的 & 受访者

你应该知道的信息

美国.S. Department of Education’s Office for Civil Rights (OCR) enforces, 在其他法规中, 第九条 of the Education Amendments Act of 1972. 第九条 protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. 投诉性骚扰, 性侵犯, and any other form of sex-based discrimination fall under 第九条. The Technical College System of Georgia takes allegations of this nature very seriously. 像这样, TCSG将进行彻底的, 中性, fact-finding investigations into the complaints, and prevent opportunities for the behavior to reoccur.

There are several roles in a 第九条 investigation:

发牢骚的人: The party to the process who has experienced the alleged 第九条 prohibited conduct at issue, and has brought the complaint forward.

被调查者: The person alleged to have engaged in the 第九条 prohibited conduct.

第九条协调员: An individual designated by the president of the college to ensure compliance with 第九条 and the person who will receive 第九条 complaints at the college.

第九章调查员: The person assigned by TCSG to investigate formal complaints under the 第九条 procedure.

顾问: A person who will attend the hearing with a party and conduct the oral cross-examination of the other party and witnesses. This person may also offer advice and support from the time the notice of formal complaint is issued and may attend any meetings involved in the investigatory process, but may not speak on behalf of the party during such meetings. The advisor may be chosen by the party and is permitted to be, but need not be, an attorney. If either party is unable to select an advisor, the college will furnish an advisor to the party.

第九条调查程序

  1. Conduct prohibited under 第九条 occurs.
  2. A complaint is filed by the party impacted or on that party’s behalf.
  3. An official notice of investigation is issued to the 发牢骚的人 and 被调查者.
  4. Both parties should obtain 顾问s at this point to help guide them through the process. 顾问s may be present at every stage but may only actively participate during the live hearing. If either party is unable to identify an 顾问, the college is responsible for furnishing that party with an 顾问.
  5. An investigation is conducted by the TCSG 第九章调查员, which includes interviews with all parties involved and the collection of pertinent evidence.
  6. The investigation report is prepared and issued to the 发牢骚的人 and 被调查者.
  7. If the Investigator determines the complaint should be dismissed, the 发牢骚的人 may appeal at this point. If the Investigator determines the complaint should continue through the process, both parties have the right to respond, 以书面形式, during a review and response period.
  8. Following this review and response period, a date and time is set for a live hearing.
  9. 在现场听证会上, both parties are allowed to cross examine the other party and all witnesses through their 顾问s. The parties are not allowed to personally cross-examine each other. If requested, the parties can be separated into different rooms for the live hearing.
  10. The Decision-Maker listens to the cross-examinations and may also conduct his/her own fact finding during the live hearing.
  11. 现场听证会结束后, the Decision-Maker issues a written determination which makes findings of fact, 决策的基本原理, 要实施的制裁(如有), and explanation of the appeal process.
  12. Either party may appeal the written determination to the TCSG Commissioner.
  13. If appealed to the TCSG Commissioner, the Commissioner will review the written appeal documents from the parties, make a decision and that decision is final.

Title  IX is specific to behavior and discrimination based on the protected characteristic of sex (gender). Complaints of discrimination based on other protected characteristics (race, color, 宗教, 国家的起源, 遗传信息, age or disability) are equity complaints, and will be investigated by the Equity Coordinator at the college. 第九条 investigations are not criminal investigations, but in cases of potential criminal behavior (ex. 性侵犯), they may run parallel to a criminal investigation.

Should you have questions about 第九条 or the investigative process, please contact the 第九条协调员 at your college.


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