Sexual Misconduct Policy FAQs

1. Dating Violence
2. Domestic Violence
3. Nonconsensual Sexual Contact
4. Sexual Exploitation
5. Sexual Harassment
6. Stalking

 The alleged victim may choose to file a criminal complaint with the University Police and/or local law enforcement. Law Enforcement may be contacted at:

1. Albany State University Police Department (229) 430-4711
2. Local Law Enforcement (Albany State University Police Department may assist with coordination.)

Complaints may be filed with a privileged employee, the Title IX Coordinator/Compliance Officer, an ASU Police Officer, a responsible employee (which includes student employees such as Resident Assistants) or a confidential employee.

All sexual misconduct investigations involving a student respondent shall follow the investigation process. The information is reported to the Title IX Coordinator and reviewed to determine if there is a violation of Title IX. The alleged victim and the respondent will be contacted by the Title IX Coordinator for an initial meeting, during which both parties will be given a list of resources, a copy of the Sexual Misconduct Policy, and a copy of the Rights and Options. The case will then be assigned to an investigator for further interviews and statements.

Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation or coercion; by ignoring or acting in spite of objections of another; or by taking advantage of the incapacitation of another where the respondent knows or reasonably should have known of such incapacitation. Minors under the age of 16 cannot legally consent under Georgia law. Consent is also absent when the activity in question exceeds the scope of consent previously given. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent.

Unwelcome verbal, nonverbal, or physical conduct, based on sex or on gender stereotypes, that is implicitly or explicitly a term or condition of employment or status in a course, program, or activity; is a basis for employment or educational decisions; or 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.

If a member of the University community wishes to discuss an incident of sexual misconduct in confidence, he or she must speak directly with a privileged employee. University employees will make every effort to honor requests for confidentiality, but cannot absolutely guarantee it. However, every request for confidentiality will be considered and weighed against the risk of harm or the potential thereof to the reporting individual and/or other members of the University community. If the request for confidentiality cannot be honored, the reporting individual will be informed prior to the disclosure of the information and interim measures will be implemented in order to protect the reporting individual and ensure the safety of others.

Anonymous reports may be made by placing a written complaint in the drop box located at the “Staff Only” entrance near Room 383 in the Billy C. Black Building.

1. Individuals employed by the institution to whom a complainant or alleged victim may talk in confidence, as provided by law. Disclosure to these employees will not automatically trigger an investigation against the complainant’s or alleged victim’s wishes. Privileged Employees include those providing counseling, advocacy, health, mental health, or sexual-assault related services (e.g., sexual assault resource centers, campus health centers, pastoral counselors, and campus mental health centers) or as otherwise provided by applicable law.
2. There are exceptions to confidentiality. Please review Section 4 of the Policy.
3. Privileged Employees may be contacted at:
   
   1. Albany State University Counseling & Student Disability Services (229) 500-3442
   1. Albany State University Student Health Services (229) 500-3546

Institution employees who have been designated by the Institution’s Coordinator to talk with an alleged victim in confidence. Confidential Employees must only report that the incident occurred and provide date, time, location, and name of alleged respondent (if known) without revealing any information that would personally identify the alleged victim.

In accordance with Federal law, ASU has designated certain individuals as responsible employees including faculty, staff and student employees, whose employment functions involve relationships with students or those who have significant responsibility for student welfare and/or campus activities; who have the authority to take action to redress sexual violence; who have been given the duty of reporting incidents of sexual violence or any other misconduct by students. Responsible Employees can be contacted at:

1. Albany State University Title IX Coordinator Billy C. Black Building Room 383G (229) 500-3302
2. Albany State University Police Department (229) 430-4711
3. Albany State University Housing & Residence Life Staff and Residential Assistants (229) 500-3062
4. Albany State University Office of Student Affairs & Success (229) 500-3553
5. Student Ethics & Integrity Coordinator University Judicial Officer (229) 500-3554
6. Albany State University Faculty & Staff Representatives Faculty Senate President facultysenate@asurams.edu
   
7. Staff Council President Staffcouncil@asurams.edu
   
8. Note: Others including coaches and athletic trainers, faculty, staff, and administrators are also designated as Responsible Employees.