EQUITY & CIVIL RIGHTS COMPLIANCE
NON-TITLE IX DISCRIMINATION, HARASSMENT OR RETALIATION INVESTIGATIVE PROCEDURE
Complaints alleging (i) discrimination or harassment based on race, color, religion, national origin/ethnicity, sex (including sexual harassment, sexual orientation, gender identity, and pregnancy), age, genetic information, protected veteran status, or disability or (ii) retaliation for protected activity should be submitted to the Investigations & Hiring unit of Equity & Civil Rights Compliance. Complaints may be submitted by completing and submitting an incident report via our intake form. Employees and students also may email the unit at [email protected] or call the unit at 404-413-2561, and they will be directed to the intake form.
Completed incident reports are reviewed by the Director of Investigations & Hiring. Incident reports that do not concern protected category discrimination, harassment, or retaliation are referred to the appropriate unit. Incident reports concerning discrimination, harassment, or retaliation are assigned to an investigator, who conducts an intake interview with the complainant. The investigator may also request relevant documents. If, after intake, the investigator believes that the complainant has failed to state an actionable claim (i.e., even if all events occurred as alleged, the conduct in question does not constitute discrimination, harassment, or retaliation), the investigator will consult with the Director. If the Director agrees that the complainant has failed to state a claim, the matter will be dismissed, and the complainant will receive a memorandum explaining the reason for dismissal. Otherwise, the investigator proceeds with the investigation by sending the respondent a Notice of Allegation of Discrimination (NOAD) setting forth the specific allegations, the policies implicated, and the parties’ rights. The respondent’s supervisor is copied on the NOAD. The respondent has five business days from receipt of the NOAD to schedule an interview with the investigator. Respondents may, but are not required, to submit a written response. The NOAD may be revised and reissued at any time during the investigation if additional policies are implicated.
The investigator interviews witnesses referred by the parties and collects and reviews any relevant documentary evidence. This process may involve multiple interviews with the parties. Parties and witnesses will be asked to review summaries of their interviews for accuracy shortly after those interviews have occurred. At the conclusion of the investigation, the investigator issues a draft investigative summary to the parties. The parties have five business days to review and respond to the draft. They also may review the relevant evidence. A non-response to the draft report is considered acceptance of its contents. The final report is then issued to the parties, the respondent’s supervisor, and other administrators as appropriate.
If there was no finding of a policy violation, the matter is dismissed and closed. If the respondent was found responsible for a policy violation, the matter is referred to Employee Relations (staff respondent) or the Office of Faculty Affairs (faculty respondent) for appropriate sanctions and/or remedial action, in consultation with the Office of Legal Affairs, as appropriate. Matters may be referred for remedial action even if no violation was found. If the Director concludes at any point that informal resolution may be more effective or appropriate, the parties will be notified.
 If it is determined during initial review of a complaint that the allegations fall under Title IX, both parties will be notified.
For more information, call (404)413-2561 or email [email protected]
Below are the main questions and steps to filing a complaint.
AA/EEO Investigation and Hiring
What Is A Complaint?
The AA/EEO Investigations & Hiring Office considers a complaint to be an allegation (charge of wrong doing) involving discrimination, hostile work environment, sexual harassment or retaliation that is filed by an employee, student, applicant, vendor, contractor and/or a group thereof relative to employment or admission involving race, color, religion, national origin, sex, age, sexual orientation, veteran status or disability. The complaint may arise from a specific personnel action, such as employment, promotion, work assignment, selection for training, disciplinary action, or separation, or it may relate to existing work conditions in an organization.
Where Do I Go If I Have A Complaint?
STAFF, FACULTY, VENDORS, CONTRACTORS AND APPLICANTS
A: Staff, faculty, applicants and vendors should file their complaints with the AA/EEO Investigations & Hiring Office.
A: Students who have a complaint against Georgia State staff, faculty, vendors, visitors or contractors should file their complaint with the AA/EEO Investigations & Hiring Office.
A: Students who have a complaint against another student should file their complaint with the Georgia State Dean of Students Office.
The AA/EEO Investigations & Hiring Office is in the 1 Park Place Building in Suite 527. Complainants can call the AA/EEO Office at (404) 413-2561 for immediate consultation and assistance. Information about the Georgia State University Equal Opportunity and Affirmative Action Policy. To request the AA/EEO Investigations & Hiring Formal Complaint Form please contact: [email protected]
The Dean of Students Office (DSO) is located in the Georgia State Student Center in Suite 300. For more information about the Dean of Students Office, call at (404) 413-1515.
How Long Will I Have To Complete And Turn In My Complaint Form?
Complainants have 10 days to complete and turn in their complaint form.
What Happens During The Complaint Process?
Every complaint is unique.The following is a typical example of the steps of a complaint in progress:
- AA/EEO Investigations & Hiring receives notification of the complaint(s) via walk-in, email, referral or by telephone.
- AA/EEO completes an intake form with the complainant(s). During the intake process, AA/EEO determines the appropriate office(s) (For example, Employee Relations, Ombudsperson, Dean of Students, Georgia State Police, Faculty and Staff Assistance, etc.) to address the concerns. In some situations, more than one office may need to address the Complainant’s allegations simultaneously.
- If appropriate, AA/EEO will start a formal review or investigation by requesting the respondent(s) answer the allegation(s) made by the complainant(s). AA/EEO will initiate the fact-finding process by compiling documentation from relevant sources as necessary.
- AA/EEO will analyze the facts and issue a finding to all parties involved.
NOTE: Each investigation is conducted on a case-by-case basis. Additional steps during an investigation may occur because of the complexities associated with each set of facts.
How Long Does The Complaint Process Take?
In general, AA/EEO Investigation & Hiring’s goal is to process a complaint from intake through completion within 60 days.
Can I Be Retaliated Against For Filing A Complaint?
Retaliation against the complainant(s) is prohibited by university policy and federal/state laws. However, retaliation may still occur. If the complainant(s) believe they are being or have been retaliated against for filing a complaint, participation in a complaint or opposition of discrimination, they have the right to file a new and separate complaint alleging retaliation based on the participation in protected activity or opposition of discrimination. Examples of protected activity include filing a claim of discrimination, participating as a witness in a discrimination investigation or refusing to obey an order reasonably believed to be discriminatory.
How Will I Know When The Complaint Process Is Over?
The complaint process concludes when AA/EEO Investigations & Hiring distributes a finding which consists of a Final Investigative Summary and Determination Letters. The complainant(s) and the respondent(s) receive Determination Letters indicating whether there was a violation of university policies. If there is a finding of a policy violation, the respondent is directed to contact Human Resources for next steps. If no violation is found, the matter is closed.
When The Complaint Is Over, What Documents Can I Have A Copy Of?
Once the complaint process is over, documents associated with the complaint are accessible via the State of Georgia’s Open Records Act. For more information on how to obtain copies of these documents, contact the Georgia State Office of Legal Affairs at 100 Auburn Avenue, NE Suite 315. Phone : (404) 413-0500.
One Park Place
5th Floor, Suite 527
Atlanta, GA 30303
Email: [email protected]
8:30 a.m.-5:15 p.m.
One Park Place
P.O. Box 3983
Atlanta, GA 30303