Page 42 - Adult Ed Student Handbook

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iv by a a a a person similarly situated to a a a a spouse of the the Complainant under the the domestic or family violence laws of Georgia v by any other person against an an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Georgia To categorize an incident as Domestic Violence the the relationship between the the Respondent and the Complainant must be more than just two people living together as roommates The people cohabitating must be current or or or former spouses or or or have an intimate relationship Duress: a a direct or or implied threat of force violence danger hardship or retribution that is enough to cause a a a a a reasonable person of ordinary sensitivity to to do or or submit to to something that they would not otherwise
do or submit to When deciding whether the act was accomplished by duress all the the the circumstances including the the the age of the the the Complainant and their relationship to the the Respondent are relevant factors Employee: any individual employed in in a a a full or or part time capacity in any TCSG work unit or technical college Expert Witness: a a Witness Witness identified by a a Party or the Title IX Office that has special expertise in a a a a technical matter such as forensic evidence Force: an act is is accomplished by force if a a a a person person overcomes the the other person’s will by use of physical force or or induces reasonable fear of immediate bodily injury Formal Complaint: a a a a document filed and signed signed by a a a a Complainant or filed and signed signed by the Title Title IX IX Coordinator alleging Title Title IX IX Prohibited Conduct against a a a Respondent and requesting that TCSG investigate the allegations Hearing: a a a live hearing conducted with
all all Parties physically present in the same geographic location or with
participants appearing virtually with
technology enabling participants simultaneously to see and hear each other During the the Hearing the the Decision-Maker permits each Party’s Advisor to ask the the other Party and Witnesses all relevant questions and follow-up questions including those challenging credibility A recording or or transcript of the hearing will be made Hearing Coordinator: the person who manages Hearings under this Title IX Procedure Hearing File: the information collected during the Investigation that is deemed relevant to be considered by the Decision- Maker Hearing Schedule: a a a time-table specific to each matter that schedules key dates for the matter after it has been charged Human Resources Director: the highest ranking employee responsible for the human resources function at a a a a technical college or or TCSG work unit Incapacitation: a a a a a a a state where a a a a a a a person lacks the ability to to voluntarily agree (that is to to give Affirmative Consent) to sexual activity because the person is asleep unconscious under the the influence of an an anesthetizing or intoxicating substance such that the person does not have control over their body is otherwise
unaware that sexual activity is is occurring or is unable to appreciate the nature and quality of the act Incapacitation is not necessarily the same as legal intoxication