Harassment of Staff
It is the policy of
the North Georgia Technical College that all employees shall
be provided an environment free of unlawful harassment
(including sexual harassment) and intimidation.
All employees are expressly prohibited from engaging in any
form of harassing behavior or conduct.
Any employee who has engaged in harassing behavior or
conduct will be subject to disciplinary action, up to and
employees are required to report any act of unlawful
harassment. Reports of unlawful harassment will be treated in
an expeditious and confidential manner.
College will not tolerate retaliation for having filed a good
faith harassment complaint or for having provided any
information in a harassment investigation. Any employee who
retaliates against a complainant or witness in an
investigation will be subject to disciplinary action, up to
and including dismissal.
employee who knowingly makes a false charge of harassment or
retaliation, or any employee who is untruthful during an
investigation is guilty of misconduct and may be subject to
disciplinary action, up to and including dismissal.
in a supervisory or managerial capacity are prohibited from
knowingly permitting harassing conduct or behavior in assigned
work unit(s) and from making sexual advances, welcome or
unwelcome, toward any subordinate.
harassment of a NGTC employee by a
non-employee (e.g. vendor, contractor, etc.) in conjunction
with the performance of his/her assigned duties and
responsibilities and the harassment of a non-employee by a
NGTC employee will not be tolerated.
This procedure shall uniformly apply to all NGTC employees and
govern behavior during normal work hours, at NGTC functions at or
away from the primary work site before or after normal work hours,
and/or while off duty.
For purposes of this procedure, the words listed below are defined
Unlawful Harassment (Other Than Sexual Harassment):
Verbal or physical conduct that disparages or shows hostility or
aversion toward an individual because of that person’s race,
color, religion, gender, national origin, age, or disability.
Harassment does one or more of the following:
Has the purpose or effect of creating an intimidating,
hostile or offensive work environment; or
as the purpose or effect of unreasonably interfering
with an individual's work performance.
Unlawfully Harassing Conduct or Behavior (Other Than Sexual
Harassment) or Generally Offensive Behavior/Conduct:
Offensive remarks, jokes, epithets, slurs, negative
stereotyping, or threatening, intimidating or hostile acts that
relate to race, color, religion, gender, sexual orientation,
national origin, age or disability;
Displaying offensive written or graphic material, pictures,
photographs, or drawings on walls, bulletin boards, computers, or
other work locations, or which are circulated in the work place;
Offensive e-mail or voice mail message(s), or inappropriate
use of the internet (e.g. downloading sexually explicit websites
and/or information); and
Foul or obscene
This is a representative list of
harassing conduct or behavior and is not intended to be
Sexual Harassment (a form of unlawful harassment):
Sexual harassment is defined as unwelcome sexual advances,
unwelcome requests for sexual favors, and other unwelcome verbal,
written, electronic or physical conduct of a sexual nature when:
Submission to such conduct is made, either explicitly or
implicitly, a term or condition of an individual’s employment;
Submission to, or rejection of, such conduct by an individual is
used as the basis for employment decisions affecting such
Such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating an
intimidating, hostile or offensive working environment.
Examples of Sexually Harassing Conduct or Behavior:
Sexually harassing conduct or behavior (regardless of the gender
of the persons involved) includes:
Sexual comments of a provocative or
Suggestive looks or gestures;
Jokes, printed material or innuendoes;
Making acceptance of unwelcome sexual
conduct, advances, or requests for sexual favors of any nature
a condition for employment, employment decisions, or continued
employment (pressure for sexual favors).
This is a representative list of harassing
conduct or behavior and is not intended to be exhaustive.
The denial of benefits to the College or to any of its programs or
activities, either academic or non-academic, curricular, or
extra-curricular, because of race, color, religion, age, national
origin, gender, sexual orientation, political affiliation, or
handicap and disability.
Unfavorable employment action taken, unfavorable employment
condition created, or other action taken for the purpose of
intimidation that is directed toward an employee because the
employee initiated an allegation of unlawful
harassment/retaliation or who participates in an investigation.
Employees: Any individual employed in a full or part
time capacity in any NGTC work unit.
Any third party, (e.g. volunteer,
vendor, contractor, etc. who conducts business with or on behalf
The President of NGTC.
Resources Director: The person holding the
position of Human Resources Director at NGTC or that person’s
The person at the technical college who is responsible for
the investigation of unlawful harassment/retaliation complaints.
The person designated by the Commissioner to conduct investigations.
Intimate Parts of the Body:
Intimate parts of the body mean the primary genital area, anus,
groin, inner thighs, or buttocks of a male or female and the
breasts of a female.
Attachment 1 - Commissioner’s Statement Prohibiting Unlawful
Attachment 2 - Employee acknowledgment
of prohibition of unlawful harassment
Attachment 3 - Supervisor’s
acknowledgment of prohibition of unlawful harassment
The Commissioner's Statement
Prohibiting Unlawful Harassment should be permanently
displayed on official bulletin boards of the Technical College.
Supervisors must take ongoing
proactive steps to ensure their work environments are free
from any type of unlawful harassment and to educate their
staff on appropriate conduct.
All current and future employees shall
be required to read and become familiar with NGTC's policy
As a condition of employment, all
employees (current and future) in a non-supervisory/managerial
capacity are required to read and sign the employee
acknowledgement of prohibition of harassment statement
(Attachment 2), which will become a permanent part of the
employee's personnel record.
Employees serving in a
supervisory/managerial capacity and employees appointed to a
position with supervisory/managerial responsibilities are
required to read and sign a supervisor's acknowledgement
statement (Attachment 3) which will become a permanent part of
the employee's personnel record.
Any employee, student, contractor or
volunteer who has any questions concerning this procedure
should direct those questions to the Executive Director, Legal
Services at (404) 679-1605, Human Resources at (404) 327-6927,
or the Deputy Commissioner at (404) 679-1706.
Reporting and Management Action
employees are required to report allegations of unlawful
harassment/ retaliation against themselves or others, or other
possible policy violations.
Allegations or suspicions of unlawful harassment/ retaliation or
other possible policy violations may be reported by the
complainant within the chain of command, or he/she may bypass the
normal chain of command and report an allegation/suspicion
directly to the Human
Resources Director at (404)327-6927,
the Executive Director, Legal Services at (404)679-1605, the
Commissioner’s Office at (404)679-1601, the Deputy Commissioner’s
Office at (404)679-1706, or email at
Such reports can
initially be expressed in writing, by telephone, or in person;
however, the report will ultimately be required to be in
have reason to believe that unlawful harassment and/or
retaliation may exist shall immediately inform their
President, Assistant Commissioner, or one of the persons
listed above in 1(a).
Other than reporting the information and discussing it with the
investigator, he/she must keep the information confidential unless
release is approved, or unless final action has been taken
pursuant to this procedure.
An affected President or Assistant Commissioner may suspend with
pay, temporarily transfer, or reassign personnel involved in order
to prevent possible further harassment or to facilitate the
investigation. In an emergency situation, a President or Assistant
Commissioner or their designee may take appropriate actions to
protect the complainant/alleged victim and/or to deter the alleged
violator from any further harassment of the complainant/alleged
victim. The affected President or Assistant Commissioner shall
report all action of this nature and any subsequent change in
status or assignment to the Human Resources Director.
authorized by the Commissioner in writing, no disciplinary action
shall be taken against the alleged violator until an investigation
has been completed, a written report has been issued and action
has been taken in accordance with this procedure.
All reports or allegations of unlawful harassment/retaliation by
an employee, Vice President or President of NGTC shall be referred to the Executive Director,
Legal Services for investigation by the Compliance Officer.
Any incident of potentially unlawful harassment/retaliation may be
referred by the President to the Executive
Director, Legal Services for investigation by the Compliance
Officer. Investigations by the Compliance Officer may be done in
conjunction with the local investigator at the President’s
The Compliance Officer/local investigator shall notify the
affected Assistant Commissioner or President of the complaint and
the pending investigation, unless otherwise directed.
complaints shall be investigated thoroughly. Any President or
local investigator is encouraged to consult with the Compliance
Officer, Human Resources Director or Executive Director, Legal
Services with any questions or concerns.
If a complaint does not specify facts sufficient to support an
allegation of unlawful harassment/ retaliation or other
conduct/behavior prohibited by this policy, the local investigator
may determine that the allegations shall not be investigated.
This determination will be done with joint approval by the
local investigator and the President. In the case of an investigation being performed by the
Compliance Officer this shall be done with joint approval of the
Human Resources Director and the Executive Director, Legal
Investigations will be conducted by gathering relevant information
and interviewing appropriate witnesses.
The local investigator who conducts the investigation will
present facts in a written report to the President. In instances of investigations performed by the Compliance
Officer, the facts will be presented to the Assistant
Commissioner, Human Resources Director and Executive Director,
Reports or other investigative materials generated through
the application of this policy will be processed and maintained
confidentially to the extent permitted by law.
Review and Disposition
After reviewing the final report, the Assistant
Commissioner /President shall make a recommendation as to whether
the facts support a finding that unlawful harassment/retaliation
or other policy violation has occurred. In matters investigated by the Compliance Officer, the
Human Resources Director and the Executive Director, Legal
Services will confer and reach a joint finding regarding the
existence of unlawful harassment /retaliation or other violation of
If the recommendation does not support a finding of unlawful
harassment or unlawful retaliation or other violation of this
policy, the matter will be closed.
recommendation supports a finding of unlawful
harassment/retaliation or any other policy violation,
appropriate disciplinary action will be recommended and taken.
The local investigator/Compliance Officer will provide
written notice to the complaining party and subject employee of
the completion of the investigation. Notice should be given as
soon as is reasonably practical, provided that if disciplinary
action is to be initiated, no parties will be notified until all
disciplinary actions are served.
Georgia Department Of Technical and Adult Education
Commissioner’s Statement Prohibiting Unlawful Harassment
Employee Acknowledgment Statement - Retain permanently in
the official and local personnel file.
Supervisor Acknowledgment Statement
- Retain permanently
in the official and local personnel file.
Investigative Files Shall Be Retained for 4 years after
the close of the investigation and any adverse action
III. A. 2. Unlawful Harassment and Discrimination of Students
Approved: March 9, 2007
Staff Harassment Procedure
NORTH GEORGIA TECHNICAL COLLEGE