I. Introduction

The Georgia Institute of Technology is committed to maintaining a learning environment that is safe and fosters the dignity, respect, and worth of students, faculty, and staff. Each member of this community has the responsibility to practice the highest ethical principles and standards of conduct. Persons who do not adhere to these principles and standards by the commission of sexual harassment or sexual misconduct damage the community and its members.

The Georgia Institute of Technology will not tolerate sexual harassment or sexual misconduct. Any kind of sexul harassment or sexual misconduct, including rape and other types of sexual assault, whether committed by a stranger, friend, or steady dating partner against women or men, is a violation of the law and the policy of the Georgia Institute of Technology. The Georgia Institute of Technology will also provide assistance and support for victims of sexual harassment or sexual misconduct, and will work toward the apprehension of alleged assailants. Additionally, educational programs directed and prevention and awareness of sexual misconduct will be made available to the campus community.

II. Policy

The Georgia Institute of Technology prohibits sexual harassment and sexual misconduct. Actions which result in charges of sexual harassment or sexual misconduct under this policy do not preclude civil and/or criminal liability under State law.

III. Application

This policy governs the conduct of all Georgia Tech students. (Related policies govern the conduct of faculty, staff, and administrators.)

IV. Definition

Sexual misconduct is defined as sexual contact without consent by an acquaintance or stranger, and includes, but is not limited to: intentional touching without consent, either of the victim or when the victim is forced to touch, directly or through clothing, another person's genitals, breasts, groin, thighs, or buttocks; rape (sexual intercourse without consent, whether by an acquaintance or a stranger); aggravated assault; aggravated sodomy (sexual penetration by an object without consent); sodomy (oral or anal intercourse without consent); non-consensual kissingl; statutory rape; child molestation; aggravated child molestation; voyeurism; and public indecency.

To constitute a lack of consent, the acts must be committed either by threat, force, surprise, intimidation, or as a result of the victim's mental or physical impairment of which the accused was aware or should have been aware. Mental or physical impairment refers to the victim's inability to understand the situation, understand the consequences of his/her choices, or to express his/her desires. This may include, but is not limited to, intoxication, being under the influence of drugs, unconsciousness, or being under the age of consent in the State of Georgia.

It is a violation of this policy to engage in any form of sexual activity or conduct without the consent of the other person. Such consent may be withdrawn at any time, without regard to activity preceding the withdrawal of consent.

Sexual harassment of employees or students in the University Sytem is prohibited, and shall subject the offender to dismissal or other sanctions after compliance with procedural due process requirements. Unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature which is pervasive and/or severe can constitute sexual harassment, including, but not limited to, verbal misconduct without accompanying physical contact.

V. Procedures

To file a complaint or inquire about the policies concerning sexual harassment or sexual misconduct at the Georgia Institute of Technology, students should contact the Dean of Students (Note: disciplinary procedures are included in section XXI A of the Student Catalog).

VI. Judicial Process

A charge of sexual misconduct under this policy will be considered a major rule violation, and persons found guilty of such charges will be adjudicated through the established judicial process regarding major rule violations found in the Student Conduct Code. Guilty parties will be subject, but not limited, to the following Disciplinary Measures (Student Conduct Code, Section XXI): Expulsion, Disciplinary Suspension, Reprimand, Restriction, Disciplinary Probation, Fines, and Restitution. Students who are also employees may additionally be subject to staff policies and procedures.

APPENDIX: Resources and Options

An alleged victim may wish to report the incident to the police. It is always the alleged victim's choice as to whether to report an act of sexual misconduct. The identity of alleged victim will be protected to the fullest extent under the law. Reporting sexual misconduct does not mean the alleged victim has to prosecute. However, it does begin the Institute's formal investigation of the issue, and serves as a form of official documentation of the incident should the decision to prosecute be made at a later date.

Time is of the essence when a sexual assault has occurred. The sooner an assault is reported, the easier it is to collect valuable evidence. Alleged victims may report a sexual assault to campus police, local police, or emergency room personnel, who will assist with the reporting process.

However, individuals seeking assistance in connection with sexual misconduct are not obligated to take further action. Victims may choose one or more of the following courses of action:

Grady Hospital provides an emergency room examination at no charge. The examination includes immediate medical attention, collection of evidence, and any necessary medication. Grady Hospital and the Grady Rape Crisis Center are the recommended organizations to administer immediate medical attention, collect evidence, and disseminate information pertaining to sexually-transmitted diseases, HIV, and pregnancy. The Georgia Tech Health Service will provide referral services to students relative to evaluation, treatment, and follow-up. An emergency room examination may be obtained (at one's own expense) at other medical facilities.

Local Rape Crisis Center Contact Information:

Grady Hospital Rape Crisis Center: (404)616-4861

Clayton County Rape Crisis Center: (770)477-2177

Cobb County Rape Crisis Center: (770)428-2666

DeKalb County Rape Crisis Center: (404)377-1428

Gwinnett County Rape Crisis Center: (770)476-7407

Contact the Georgia Tech Police at (404)894-2500 or the local police department. Sexual misconduct may give rise to criminal prosecution or civil action. For more information, consult an attorney and/or the police.

Seek counseling through the Student Counseling Center (894-2575) or the Faculty/Staff Assistance Program (894-1225). Counseling resources are available on campus for victims of sexual misconduct and alleged offenders.

*This information cannot be duplicated and/or modified without written permission from the Office of Student Integrity.

Office of Student Integrity, Office of the Dean of Student, Georgia Institute of Technology, 2007.