Equal Opportunity, Non-Discrimination, and Anti-Harassment Policy

Equal Opportunity, Non-Discrimination, and Anti- Harassment Policy

I. PURPOSE

Georgia State University (the "University") is committed to equal opportunity and the creation and maintenance of a community in which students, faculty, and staff can live, study, and work in an atmosphere free of discrimination, harassment, and retaliation.

Accordingly, this Policy: (i) states the University's commitment to equal opportunity; (ii) prohibits discrimination, including discriminatory harassment and sexual misconduct, on the grounds of federally- defined protected categories in educational programs and activities, employment, and admissions; (iii) prohibits retaliation for engaging in Protected Activity, as defined below; (iv) defines the discriminatory and harassing conduct prohibited by this Policy and by applicable federal, state, and local law and University System of Georgia policy; and (v) sets forth the process for reporting, investigating, and resolving claims of discrimination, including discriminatory harassment, and retaliation pursuant to this Policy.

II. DEFINITIONS

Discrimination: Decision-making in the employment or academic context based on an individual's race, color, religion, sex (including sexual orientation, gender identity or expression, or pregnancy), national origin, age, disability, genetic information, or protected veteran status.

Discriminatory Harassment: Unwelcome verbal, non-verbal, or physical conduct directed against any person or group based upon their race, color, religion, sex (including sexual orientation, gender identity or expression, or pregnancy), national origin, age, disability, genetic information, or protected veteran status. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive.

Protected Activity: Assertion of the right to be free from discrimination or harassment, including discriminatory harassment and sexual misconduct. Examples of protected activity include, but are not limited to:

i. Filing a good faith complaint or charge of discrimination within the University or with an external agency;
ii. Participating in a discrimination or harassment investigation or lawsuit as a complainant, respondent, plaintiff, or witness;
iii. Making a good faith report of discrimination or harassment to a supervisor/manager, academic instructor, or administrator;
iv. Requesting an accommodation of a disability or religious practice;
v. Resisting sexual advances, or intervening to protect others from sexual harassment; or
vi. Asking managers or co-workers about salary information for the purpose of revealing potentially discriminatory wages.

Retaliation: Taking materially adverse action against an individual in connection with that individual's engagement in protected activity.

University Community: Georgia State faculty, staff, students, applicants for admission and/or employment, independent contractors, volunteers, participants in Georgia State programs, activities, or services; guests, and visitors to campus.

III. POLICY STATEMENT

A. Commitment to Equal Opportunity

The University provides equal opportunity to all employees, students, and applicants for employment or admission and complies with all applicable laws and regulations governing equal opportunity in the workplace and in educational activities.

The University is an equal opportunity employer. As a federal contractor, in accordance with Executive Orders 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), it is the University's policy to take affirmative actions to employ and to advance in employment all qualified individuals regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or protected veteran status, and to base all employment decisions only on legitimate job requirements and merit. This policy applies to all employment actions, including, but not limited to, recruitment, hiring, upgrading, promotion, transfer, demotion, layoff, recall, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, at all levels of employment.

Further, the University prohibits citizenship status and immigration status discrimination in employment actions except where such restrictions are required in order to comply with law, regulation, executive order, or Attorney General directive, or where they are required by Federal, State, or local government contract.

B. Prohibition Against Discrimination and Discriminatory Harassment

The University prohibits discrimination and discriminatory harassment by any member of the University Community against any person on the basis of race, color, religion, sex (including sexual orientation, gender identity or expression, or pregnancy), national origin, age, disability, genetic information, or protected veteran status in its programs, services, activities, employment, and admissions.

C. Prohibition Against Sexual Misconduct

The University is governed by the Sexual Misconduct Policy of the Board of Regents of the University System of Georgia. The Sexual Misconduct Policy prohibits sexual misconduct, which includes, but is not limited to, dating violence, domestic violence, nonconsensual sexual contact, nonconsensual sexual penetration, sexual exploitation, sexual harassment, and stalking. Allegations of sexual misconduct committed by students are investigated and resolved pursuant to the University’s Student Code of Conduct, which incorporates by reference the Sexual Misconduct Policy, and USG Policy 4.6.5 (Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings). Allegations of sexual misconduct committed by employees are investigated and resolved pursuant to the Sexual Misconduct Policy and Employee Respondent Procedures for Panel Hearing, Disciplinary Action, and Appeal.

D. Reasonable Accommodations for Individuals with Disabilities

The University makes reasonable accommodations for the disabilities of qualified employees, students, and applicants for employment or admission. The University’s Access & Accommodations Center website provides information regarding academic/coursework disability accommodations and the University’s Benefits website provides information regarding workplace accommodations provided in accordance with the University’s ADA Workplace Accommodation Policy and accompanying procedure.

E. Prohibition Against Retaliation

The University prohibits retaliation for engaging in Protected Activity.

F. Prohibition Against False Statements

Individuals are prohibited from knowingly making false statements or knowingly submitting false information to a University official. Any person found to have knowingly submitted false complaints, accusations, or statements, including during a hearing, in violation of this Policy shall be subject to appropriate disciplinary action (up to an including suspension or termination) and adjudicated under the appropriate institutional process.

IV. REPORTING AND RESOLUTION

(Noted documents and contacts are linked below in Additional Resources.)

The University unit designated to receive and resolve all reports of incidents of discrimination, discriminatory harassment, sexual misconduct, or retaliation for protected activity involving the University Community is Equity & Civil Rights Compliance.

Incidents of discrimination, discriminatory harassment, or retaliation should be reported to Equity & Civil Rights Compliance via its incident report form. Incidents of discrimination, discriminatory harassment, or retaliation may also be reported via the email address and phone number in Additional Resources, below. Reporters will be referred to the incident report form.

Incidents of sexual misconduct should be reported to Equity & Civil Rights Compliance, which houses the University’s Title IX Coordinator, via the sexual misconduct incident report form linked in Additional Resources, below. Incidents of sexual misconduct also may be reported to via the email address and phone number in Additional Resources, below.

Equity & Civil Rights Compliance’s review and resolution of incident reports is conducted pursuant to its Investigative Procedure (Non-Sexual Misconduct Incident Reports) and Procedures for Investigation of Sexual Misconduct Incident Reports.

Complaints of discrimination, discriminatory harassment, sexual misconduct, or retaliation for protected activity filed with any other University units shall be referred to Equity & Civil Rights Compliance.

Nothing in this Policy prevents or prohibits a member of the University Community from filing a complaint of discrimination, harassment, or sexual misconduct with a state or federal agency or other external entity.

V. ADDITIONAL RESOURCES

A. Related Policies

Sexual Misconduct Policy of the Board of Regents of the University System of Georgia Student Code of Conduct

USG Policy 4.6.5 (Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings)

Employee Respondent Procedures for Panel Hearing, Disciplinary Action, and Appeal Access & Accommodations Center website

Benefits website

ADA Workplace Accommodation Policy

B. University Resources for Students and Employees

Access and Accommodations Center – coursework and academic disability accommodations.

Benefits – workplace disability accommodations.

Ethics and Compliance Reporting Hotline -- report possible ethical and policy violations securely and confidentially.

Faculty and Staff Assistance – an internal Employee Assistance Program (EAP) providing services that include confidential consultations, short-term counseling, assessment and referrals.

Student Victim Assistance – a confidential 24/7/365 student service offering crisis intervention, advocacy and support for students who have been the victims of criminal or sexual misconduct.

University Counseling Center – provides a wide range of counseling, testing, psychiatric and holistic health services to support students as they work to reach their educational goals.

University Ombudsperson – provides no-cost conflict management assistance to students, faculty, staff, and administrators at all Georgia State University campuses.

University System of Georgia Employee Assistance Program – a no-cost, confidential USG program providing resources and counseling services; available to all USG employees who work at least 20 hours per week.

C. Relevant Laws
• Title VI & Title VII of the Civil Rights Act of 1964
• Title IX of the Education Amendments of 1972
• Americans with Disabilities Act Amendments Act
• Section 503 of the Rehabilitation Act
• Age Discrimination in Employment Act
• Age Discrimination Act of 1975
• Genetic Information Nondiscrimination Act of 2008
• Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA)
• Violence Against Women Act (VAWA)
• Pregnancy Discrimination Act
• Executive Order 11246, as amended
• Executive Order 13665-Pay Transparency Nondiscrimination Provision
• Equal Pay Act of 1963
• Pregnant Workers Fairness Act (eff. June 27, 2023)
• Georgia Fair Employment Practices Act of 1978

D. Reporting and Resolution Links

The University unit designated to receive and resolve reports of incidents of discrimination, discriminatory harassment, sexual misconduct, or retaliation for protected activity involving the University Community is Equity & Civil Rights Compliance.

Incidents of discrimination, discriminatory harassment, or retaliation should be reported to Equity & Civil Rights Compliance via its incident report form. Incidents of discrimination, discriminatory harassment, or retaliation may also be reported to equalopportunity@gsu.edu or 404-413-2561. Reporters will be referred to the incident report form.

Incidents of sexual misconduct should be reported to Equity & Civil Rights Compliance, which houses the University’s Title IX Coordinator, via the sexual misconduct incident report form located at https://cm.maxient.com/reportingform.php?GeorgiaStateUniv&layout_id=39; incidents of sexual misconduct also may be reported to TitleIX@gsu.edu or 404-413-2561.

Equity & Civil Rights Compliance’s review and resolution of incident reports is conducted pursuant to its Investigative Procedure (Non-Sexual Misconduct Incident Reports)