AHR

In this section:

AHR 100 Working Hours- Classified

AHR 101 Worker's Compensation

AHR 102 Hiring Procedures

AHR 103 Performance Appraisal for Unclassified Employees

AHR 104 Lactation Support Policy

AHR 105 Policy Against Discrimination, Harassment & Sexual Misconduct

Working Hours - Classified

***DISCLAIMER: The language used in this document does not create an employment contract between the faculty, staff, or administrative employee and the University of South Carolina. This document does not create any contractual rights or entitlements. The University of South Carolina reserves the right to revise the content of this document, in whole or in part. No promises or assurances, whether written or oral, which are contrary to or inconsistent with the terms of this paragraph create any contract of employment. The University of South Carolina Division of Human Resources has the authority to interpret the University's Human Resources policies.***

Number: AHR 100

Section: Human Resources

Subject: Working Hours - Classified

Date: March 1, 2010

Reviewed on: August 1, 2013

Issued by: Director of Human Resources

Authorized by: Vice Chancellor for Finance and Administration/CFO

I. Policy

The University serves students and the public; therefore, there are variations in work schedules within the University. The working hours are scheduled to satisfy the needs of the unit in which the individual works and to make certain that an adequate staff is available when needed. The supervisor will inform employees of the hours they are required to work, and strict adherence to these hours is required. Normal office hours are from 8:30 a.m. - 5:00 p.m. except that summer office hours may be adjusted somewhat based on a published schedule, and subject to the approval of the Chancellor.

II. Procedure

Work Week

Most employees work a regular scheduled workweek of 37.5 hours. Maintenance and grounds employees work a 40-hour week and University police follow a 28 day work period. All employees may be required to work 40 hours without its being considered overtime. Hours worked in excess of 40 per week must be approved in advance by the Department Head or Supervisor. The hours between 37.5 and 40 are not to be considered for compensatory time. The 37.5-hour workweek is one of your fringe benefits. Salary is based on 40 hours per week or 2080 hours per year for full-time twelve-month employees.
Lunch

The period allowed for lunch is not to exceed one hour between the hours of 11:30am and 2:30pm. The lunch schedule should be arranged through the supervisor so that the office remains open during the hours of 8:30am until 5:00pm. Lunch periods should not be worked through in lieu of using annual or sick leave for make-up time due to late arrival or early departure.
Breaks

There are no scheduled break periods during the day, but your supervisor may grant the privilege of a short break. Breaks should be approximately l0 minutes long but in no case should exceed 15 minutes from the time you leave your work place until you return. These break periods are a privilege and not a right and must not be abused. Sufficient personnel should be on duty at all times to carry on the normal functions of the department.
Time Cards

Time cards are used for certain positions. Time cards are maintained on a weekly basis. The workweek begins at 12:01 am Sunday and ends at 12 midnight Saturday.

The following time card rules apply:
1. The time card must show the exact number of hours the employee has worked.
2. If any time off is taken during the workday, the employee should obtain approval in advance from his/her supervisor.
3. All leave must be accurately recorded, and advance approval is required for the use of annual leave.
4. All overtime must be approved in advance by the employee's supervisor. During the normal course of the year, overtime will be approved only in cases of emergency. Compensatory time should be used in lieu of overtime payment when possible.
5. Falsification of the time card is grounds for dismissal.

III. Related Policies:

USC Policy Minimum Wage and Overtime Compensation http://www.sc.edu/policies/hr184.pdf

IV. Reason for Revision

Annual Review

Worker's Compensation

Number: AHR 101

Section: Human Resources

Subject: Worker's Compensation

Date: March 1, 2010

Reviewed on: August 1, 2013

Issued by: Director of Human Resources

Authorized by: Vice Chancellor for Finance and Administration/CFO

I. Policy

Worker's Compensation benefits are provided to all University employees for injuries or occupational disease contracted while performing official duties. Detailed procedures may be found in USC System Policy HR1.66 Worker's Compensation http://www.sc.edu/policies/hr166.pdf.

II. Procedure

The designated medical facility for USC Aiken Worker's Compensation injuries is the Family Medical Centers at 216 Edgefield Ave. The designated pharmacy is the Family Pharmacy at 333 Newberry Street.

III. Related Policies

IV. Reason for Revision

Annual Review

Hiring Procedures

Number: AHR 102

Section: Human Resources

Subject: Hiring Procedures

Date: March 1, 2010

Reviewed on: August 1, 2013

Issued by: Director of Human Resources

Authorized by: Vice Chancellor for Finance and Administration/CFO

I. Policy

It is very important that no employee - staff or faculty - obligate the University by way of written or oral contract for payment of services. The proper channel for all actions dealing with compensation for personal services is the use of USCA Form 12 (Personnel Requisition/Request for Compensation). No oral or written contracts will be initiated until USCA Form 12 is fully signed and approved.

No new hire is to start working until all hiring paperwork is completed, especially the I-9 and E-Verify process.

Any compensation commitments made other than through normal procedures of the University become the personal liability of the person making such contracts or commitments.

II. Procedure

Hiring procedures for faculty are located on the USCA HR web page.http://www.usca.edu/human-resources/faculty-recruitment-guide.dot
Hiring procedures for staff are located on the USCA HR web page: http://www.usca.edu/human-resources/forms/HIRING.pdf

Performance Appraisal for Unclassified Employees

Number: AHR 103

Section: Human Resources

Subject: Performance Appraisal for Unclassified Employees

Date: March 1, 2010

Issued by: Director of Human Resources

Authorized by: Vice Chancellor for Finance and Administration/CFO

I. Policy

All unclassified employees of USC Aiken must have annual performance appraisals. Full-time faculty members are appraised according to procedures in the USCA Faculty Manual Section 5.7. Unclassified employees with senior administrative responsibilities are appraised on the Administrator Evaluation form. Unclassified employees who are neither full-time faculty, nor senior administrators may be appraised using the EPMS form for classified employees or other method agreed upon by the employee and supervisor. Reviews should be submitted to HR for the employee's personnel file.
The performance appraisal process is designed to:
1. Provide information to employees and supervisors for use in work-related decisions such as recommendations for salary increase, promotions, transfers, demotions and dismissals.
2. Provide information to management in assigning work and delegating responsibilities based on a mutual understanding of the employee's skills and abilities.
3. Encourage the continued growth and development of all employees;
4. Identify training needs;
5. Maintain a documented history of employee performance.

II. Procedure

All unclassified employees must have an evaluation annually. For senior administrators, at least every 3 years this evaluation will be completed through the 360 degree feedback method. During the other years, only the administrator's direct supervisor will complete a review.
360 Degree Review Process
1. All senior administrators (Monday Group members) whether classified or unclassified will be reviewed using the 360 Degree process at least every 3 years.
2. The administrator being reviewed compiles a list of individuals to complete the 360 degree feedback Administrator Evaluation form from all of the following categories: a) supervisor, b) 4 to 7 peers, c) all direct subordinates, and d) at least four others. The individuals chosen should have familiarity with most aspects of the administrator's job. This list must be approved by the supervisor before being given to the Office of Institutional Effectiveness.
3. The Office of Institutional Effectiveness mails the review forms out to all participants. When possible, electronic means will be used in lieu of paper review forms. Forms are returned to IE for scoring and compilation of responses to open ended questions.
4. The results of the 360 degree feedback questionnaire are sent to the administrator and supervisor for their review. These are the only two copies of the results which are retained. All other data is destroyed by the Office of Institutional Effectiveness for confidentiality purposes.
5. The supervisor and administrator hold a review conference to discuss the results of the survey instrument. A summary review form is completed by the supervisor including an overall final rating of the performance for the period and agreed upon goals for the next year.
Supervisor-only Review Process
1. The supervisor completes a review form.
2. The supervisor and administrator hold a review conference to discuss the performance for the period and the supervisor's responses on the feedback instrument. A summary review form is completed by the supervisor including an overall final rating of the performance for the period and agreed upon goals for the next year.

Lactation Support Policy

Number: AHR 104

Section: Human Resources

Subject: Lactation Support Policy

Date: June 19, 2013

Issued by: Director of Human Resources

Authorized by: Vice Chancellor for Finance and Administration/CFO

I. Policy

The University of South Carolina Aiken recognizes the importance of supporting faculty, staff and students who choose to breastfeed. The following policy is in accordance with the workplace breastfeeding support provision in the Patient Protection and Affordable Care Act (Section 4207 found at http://docs.house.gov/energycommerce/ppacacon.pdf), which states that: "employers shall provide reasonable, unpaid break time and a private, non-bathroom place for an employee to express breast milk for her nursing child for one year after the child's birth," and current South Carolina state law (SC Act 269 of 2006), which states that a woman may breastfeed her child in any place open to the public. This policy is also in accordance with USC Policy 1.60, Lactation Support Policy.

The University, which promotes a family-friendly work and study environment, acknowledges the significant health benefits of breastfeeding for mothers and their infants. Therefore, the University of South Carolina Aiken acknowledges that 1) the University shall provide sanitary and private space, other than a toilet stall or locker room, to be used as a lactation room by employees or students who are breastfeeding and/or expressing milk, and 2) supervisors, chairs and managers are requested to work with employees and students who are breastfeeding to schedule reasonable and adjustable break times each day for this activity.

Location

The current nursing mothers' lounge is located in the Nursing Building, Room 125. A key to this lactation room is available at the School of Nursing Office Suite, Room 101. Other rooms will be made available if the need arises.
Flexible Break Times

Breastfeeding mothers must request and arrange with their supervisor appropriate and reasonable break times for breastfeeding or expressing breast milk for up to one (1) year after the child's birth. Supervisors should attempt to provide reasonable break time to accommodate their needs.
1. Employees must be allowed to take reasonable breaks during the work day to express milk.
2. Employees may request to adjust their work schedules for the purposes of lactation.
3. Supervisors and employees shall work together to establish mutually convenient times for milk expression. Employees should discuss the frequency and duration of the breaks with their supervisors.
4. Supervisors are requested to work to ensure that there are no negative consequences to nursing mothers who need lactation break times.
5. Employees should contact the next level of supervisor or Human Resources if their immediate supervisors do not allow reasonable breaks.

II. Procedure

The breastfeeding mother is responsible for contacting her supervisor to request space and time to express milk.
Supervisors who receive a lactation accommodation request are asked to contact the School of Nursing Office to inform them of the request and to work with the employee to schedule break times.
After using a lactation room, mothers who are expressing milk shall be responsible for keeping the room clean.
If an employee has comments, concerns, or questions regarding the USC Aiken Lactation Support Policy, please contact Human Resources.

See also USC Policy HR 1.60, Lactation Support Policy.

Policy Against Discrimination, Harassment & Sexual Misconduct

Number: AHR 105

Section: Human Resources

Subject: Policy Against Discrimination, Harassment & Sexual Misconduct

Date: Revised - August 16, 2023

Issued by: Human Resources & Student Affairs

Authorized by: Human Resources & Student Affairs

I. Purpose

The University of South Carolina Aiken is committed to providing an environment free from discrimination, harassment, sexual misconduct, and related retaliation. This commitment helps realize the university’s primary mission and aligns with institutional values and to complying with all requirements set forth by civil rights laws, including Title IX, and related federal and state authority.

II. Definitions

Prohibited Conduct: Discrimination, Harassment, Sexual Misconduct and related Retaliation. Appendix 1 contains examples of various types of prohibited conduct.

Discrimination:

Discrimination includes Disparate Treatment Discrimination and Disparate Impact Discrimination.

Disparate Treatment Discrimination:

Disparate treatment discrimination is any unlawful distinction, preference, or detriment to an individual as compared to others that is based on an individual’s Protected Class and that: 1) excludes an individual from participation in; 2) denies the individual benefits of; or 3) otherwise adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a university program or activity.

Disparate Impact Discrimination:

Employment: In the employment context, disparate impact discrimination occurs when there is sufficient evidence that policies, tests, or practices that are neutral on their face disproportionately exclude or adversely impact a group of individuals within the Protected Class, where the policies, tests, or practices are not job-related and not consistent with business necessity. The university considers the following factors in assessing disparate impact:

1. 1. Does the policy, test, or practice have a disparate impact on the basis of a particular Protected Class? This typically requires a statistical analysis.
  2. Is the policy, test, or practice job-related and consistent with business necessity?

If job-related and consistent with business necessity, is there a less discriminatory alternative available?

Student/Educational Program or Activity: In the student or educational context, disparate impact discrimination occurs when there is sufficient evidence that seemingly neutral policies, tests, or practices, although not adopted with the intent to discriminate, nonetheless have an unjustified effect of discriminating against students or others seeking to participate in an educational program or activity on the basis of protected class. In determining whether a seemingly neutral policy has an unlawful disparate impact on the basis of Protected Class, the university will conduct the following three-part inquiry:

1. 1. Has the policy, test, or practice resulted in an adverse impact on Students or Third Parties of a particular Protected Class?
  2. Is the policy, test, or practice necessary to meet an important educational goal?
  3. If necessary to meet an important educational goal, are there comparably effective alternative policies, tests, or practices, available that would meet the stated educational goal with less of a burden or adverse impact on the disproportionately affected Protected Class or is the proffered justification a pretext for discrimination?

Harassment:

Harassment is a form of Discrimination, which includes Hostile Environment and/or Quid Pro Quo.

Hostile Environment:

Unwelcome conduct (oral, written, graphic or physical) directed against any individual or group of individuals because of or based upon one or more protected class, that is sufficiently severe, pervasive, or persistent that it interferes with or limits the ability of an individual or group to participate in or benefit from programs, services and activities provided by the university. In evaluating whether a hostile environment exists, the university will evaluate the totality of known circumstances, including, but not limited to:

1. 1. the frequency, nature and severity of the conduct;
  2. whether the conduct was physically threatening;
  3. the effect of the conduct on the Complainant’s mental or emotional state;
  4. whether the conduct was directed at more than one person;
  5. whether the conduct arose in the context of other discriminatory conduct;
  6. whether the conduct unreasonably interfered with the Complainant’s educational or work performance and/or The University of South Carolina Aiken’s programs or activities;
  7. whether the conduct implicates academic freedom or protected speech (see Appendix 2: Academic Freedom);
  8. other relevant factors that may arise from consideration of the reported facts and circumstances;
  9. the identity of and relationship between the Respondent and Complainant(s);
  10. whether the conduct was humiliating.

A single or isolated incident of harassment may be severe enough to create a hostile environment. Minor slights, annoyances, and isolated incidents (unless extremely egregious) will not rise to the level of harassment. To violate this policy, the conduct must create a hostile environment, as described above, to a reasonable, similarly situated, person.

Quid Pro Quo:

When submission to or rejection of unwelcome conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual’s education (e.g., admission, academic standing, grades, assignment); employment (e.g., hiring, advancement, assignment); or participation in a university program or activity (e.g., campus housing).

Sexual Misconduct:

Sexual misconduct includes sexual assault, relationship violence, stalking, sexual exploitation, and sexual harassment (university definition and/or Title IX).

Sexual Assault:

Sexual assault is having or attempting to have sexual contact with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental incapacity (see the definition of consent and Appendix 3: Incapacitation).

Sexual assault includes: non-consensual sexual contact, non-consensual sexual penetration, incest, and statutory rape.

Non-consensual sexual contact:

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent. Sexual contact includes: intentional contact with the breasts, buttocks, groin, genitals, or other intimate part of someone’s body; or touching another with any of these body parts or an object; or making another touch you or themselves with or on any of these body parts. Non- consensual sexual contact includes forcible fondling.

Non-consensual sexual penetration:

Penetration, no matter how slight, of the vagina or anus (including genital or anal opening) with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant. Sexual penetration includes: vaginal penetration by a penis, object, tongue, finger or other body part; anal penetration by a penis, object, tongue, finger or other body part; and oral copulation (mouth-to-genital contact or genital-to-mouth contact); no matter how slight the penetration or contact.

Non-consensual sexual penetration includes forcible rape, forcible sodomy, and sexual assault with an object.

Forcible Rape:

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.

Forcible Sodomy:

Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age of consent in the applicable jurisdiction or because of temporary or permanent mental or physical incapacity.

Sexual Assault with an Object:

The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape:

Non-forcible sexual intercourse with a person who is under the statutory age of consent in the applicable jurisdiction.

Relationship Violence:

Relationship violence includes dating violence and domestic violence.

In both definitions, violence includes threats of violence, which may include but be not limited to, threats against the Complainant, people close to the Complainant, a pet, or property.

Dating Violence:

any act of violence or threats of violence committed by a person:

1. 1. 1. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
    2. where the existence of such a relationship will be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

Domestic Violence:

Any act of violence or threat of violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under South Carolina state law, or by any other person against an adult or minor Complainant who is protected from that person’s acts under South Carolina state law.

Stalking:

A course of conduct directed at a specific person that would cause a reasonable person under similar circumstances or with similar identities to fear for their own safety or the safety of others or suffer substantial emotional distress. Course of conduct means two or more instances, including but not limited to; unwelcome acts in which an individual directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used.

Sexual Exploitation:

Sexual Exploitation involves one or more of the following behaviors committed for any purpose, including sexual arousal or gratification, financial gain, or other personal benefit:

1. 1. taking sexual advantage of another person without consent;
  2. taking advantage of another’s sexuality; or
  3. extending the bounds of consensual sexual activity without the knowledge of the other individual.

Sexual Harassment:

Includes University Sexual Harassment and Title IX Sexual Harassment.

University Sexual Harassment:

Instances that meet the definition of harassment as outlined in the policy and are based on sex. All such acts of sexual harassment are forms of sexual misconduct under this policy.

Title IX Sexual Harassment:

The Title IX regulations define Sexual Harassment as conduct on the basis of sex that satisfies one or more of the following:

1. 1. 1. An employee of the university conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct (quid pro quo); or
    2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity; or
    3. Sexual Assault, Dating Violence, Domestic Violence, or Stalking, as defined in this policy.

This definition is intended to meet the regulatory definition of sexual harassment in 34 C.F.R, §106.30.

Retaliation:

Any adverse action against any person by another, such as intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by this policy, or because the individual has made a report or complaint of prohibited conduct, testified, assisted, or participated or refused to participate in any manner in any investigation, proceeding, or hearing under this policy. Retaliation includes such conduct through associates or agents of a Complainant, Respondent, or participant in any investigation or proceeding related to this policy. (See Appendix 4: Retaliation).

Complaint:

Under this policy, a document filed by a Complainant or signed by the Coordinator of Title IX and Civil Rights or designee alleging prohibited conduct and requesting that the university proceed with a resolution as outlined in this policy.

Consent:

Consent is the clear, knowing, and voluntary, agreement to participate in mutually agreed-upon acts. Consent can be given by words and/or actions, as long as those words and/or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) the sexual activity. It is the responsibility of each party to determine that the other(s) has consented before engaging in the sexual activity.

Additional elements of consent include:

1. Consent cannot be obtained through force, where there is a reasonable belief of the threat of force, or by taking advantage of another person’s incapacitation (See Appendix 3: Incapacitation). In evaluating whether consent has been freely sought and given, the university will consider the presence of any force, threat of force, or coercion; whether the Complainant had the capacity to give consent; and, whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person (under similar circumstances and with similar identities) as a willingness to engage in a particular sexual act.
  1. Force is the use or threat of physical violence or intimidation to overcome a person’s freedom of will to choose whether or not to participate in sexual activity.
  2. Coercion is unreasonable pressure for sexual activity. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
2. Consent to one form of sexual activity does not imply or constitute consent to another form of sexual activity.
3. Consent on a prior occasion does not constitute consent on a subsequent occasion.
4. Consent to an act with one person does not constitute consent to an act with any other person.
5. The existence of a prior or current relationship does not, in itself, constitute consent; even in the context of a relationship, there must be real time and mutual consent to sexual activity.
6. Consent can be withdrawn or modified at any time, and sexual contact must cease immediately once consent is withdrawn and clearly communicated.
7. Consent cannot be inferred from the absence of a “no.”
8. Consent cannot be inferred from silence, passivity, or lack of verbal or physical resistance.
9. Consent may not be given by an individual who has not reached the legal age of consent under applicable law.

Education Program or Activity:

Locations, events, or circumstances over which the university exercises substantial control over both the Respondent and the context in which the sexual harassment occurs, including employment, and also include any building owned or controlled by a student organization that is officially recognized by the university.

Employee:

Any person having an employment relationship with the university. Employees might be university officers, faculty, staff, student-employees, and other individuals employed by the university regardless of classification, including all full-time, part-time, temporary, research grant, time limited and contract employees.

Faculty:

University personnel who are engaged in research, instruction both inside and outside the classroom, service and/or administration. Faculty can be further classified as having tenure- track, professional-track, or honorific appointments. For purpose of this policy, faculty include part-time, temporary and adjunct faculty.

Party:

A broad term that encompasses Complainant(s) and Respondent(s) in a matter.

Complainant:

An individual who is alleged to be the victim of prohibited conduct under this policy. An individual may be a Complainant regardless of whether that individual makes a report or participates in the review of that report by the university.

Respondent:

An individual who has been reported to have engaged in prohibited conduct under this policy.

Protected Class:

Age, ancestry, citizenship status, color, disability, ethnicity, familial status, gender (including transgender), gender identity or expression, genetic information, HIV/AIDs status, military status, national origin, pregnancy (false pregnancy, termination of pregnancy, childbirth, recovery therefrom or related medical conditions, breastfeeding), race, religion (including religious dress and grooming practices), sex, sexual orientation, veteran status, or any other bases under federal, state, local law, or regulations.

Report:

A notification to the University of South Carolina Aiken’s Coordinator of Title IX and Civil Rights of a concern of prohibited conduct, either by a Complainant or a third party.

Student:

A person who is currently enrolled at the university, or who is accepted for admission or readmission to the university, or who has been enrolled at the university in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or who is attending an educational program sponsored by the university while that person is on campus, or individuals who are not currently enrolled at the university remain subject to the disciplinary process for conduct that occurred while they were enrolled.

III. Policy

Discrimination or harassment based on age, ancestry, citizenship status, color, disability, ethnicity, familial status, gender (including transgender), gender identity or expression, genetic information, HIV/AIDs status, military status, national origin, pregnancy (false pregnancy, termination of pregnancy, childbirth, recovery therefrom or related medical conditions, breastfeeding), race, religion (including religious dress and grooming practices), sex, sexual orientation, veteran status, or any other bases under federal, state, local law, or regulations is prohibited. Sexual Misconduct, including sexual assault, relationship violence, stalking, sexual exploitation, and sexual harassment (university definition and/or Title IX), is prohibited. The university prohibits discrimination and harassment based on protected class along with sexual misconduct in all education programs and activities, including employment and admissions, for faculty, staff, prospective employees, students, student organizations, and other persons utilizing the university's resources (e.g. third- parties such as volunteers, visitors, or contractors).

It is the responsibility of every member of the University of South Carolina Aiken community to foster an environment free from prohibited conduct, as defined by this policy. All members of the community are expected to take reasonable actions to prevent or stop an act of prohibited conduct and the university will help prevent retaliation from occurring.

This policy provides information about campus and community resources, the difference between privacy and legal confidentiality, how to make a report of discrimination, harassment, sexual misconduct, or related retaliation, available supportive measures, and information about resolution options, including how to file a complaint requesting an investigative or informal resolution. The specific procedures for resolving a complaint under this policy can be found in the Discrimination, Harassment, Sexual Misconduct resolution procedures.

Any employee or student of the University of South Carolina Aiken who violates this policy may be subject to disciplinary action, which may include termination or separation from the university. Some forms of prohibited conduct may also violate federal, state and/or local law, and criminal prosecution may occur independently of any disciplinary action imposed by the university.

A. Scope and Jurisdiction:

This policy applies to all members of the University of South Carolina Aiken community, including students, faculty, staff and third parties such as affiliates, volunteers, vendors, contractors, consultants, guests, alumni, applicants for admission or employment, or other individuals.

This Policy applies to acts of prohibited conduct that occur in a university education program or activity, which includes:

- all of the university’s operations, including locations, events, or circumstances over which the university exercises substantial control over both the Respondent and the context in which the conduct occurs;
- any building owned or controlled by a student organization that is officially recognized by the university.

The term education program or activity includes employment and admissions. The university’s education program or activities includes on-campus, off-campus, or online conduct, and conduct outside of the United States. Examples include university-sponsored, university-funded, or otherwise university-supported study off campus, research, internship, mentorship, summer session, conferences, meetings, social events, or other affiliated programs or premises. Conduct outside of the United States may include, for example, university-sponsored, university-funded, or otherwise university-supported study abroad.

Under certain circumstances, this Policy may also apply to reports of prohibited conduct that occur outside of the education program or activity but have continuing effects in the education program or activity, or that fall within the scope of conduct otherwise regulated by the university. This may include, for example, a report of an off-campus Sexual Assault committed by a student, faculty, or staff.

1. Jurisdiction under Title IX

For some forms of prohibited conduct covered under this Policy, the university’s jurisdiction is limited by Federal law.

Title IX complaints will cover alleged sexual misconduct that:

1. 1. Takes place in the context of an education program or activity of the university; and
  2. Occurs against a person in the United States; and
  3. Where the Complainant is participating in or attempting to participate in the education program or activity of the university; and
  4. Meets the regulatory definition of sexual harassment in 34 C.F.R. §106.30; and
  5. Where the Respondent is an individual the university has authority to discipline; and
  6. For the purpose of this policy, Title IX complaints refer to matters that fall within the scope of the procedural requirements provided by 34 C.F.R. § 106.45. If the reported conduct does not meet the basis above (a-e), the university will dismiss the complaint as a Title IX complaint.

However, in keeping with the university’s educational mission and commitment to foster a learning, living, and working environment free from discrimination, harassment, sexual misconduct, and related retaliation, the university will move forward under the same resolution process for sexual misconduct that occurs outside of Title IX Jurisdiction (e.g., not in the United States, or as noted above, outside of the education program or activity).

2. Jurisdiction regarding Third Parties

Any individual may make a report to the university of prohibited conduct and receive access to reasonably available supportive measures. A student, employee or other individual who is participating in, or attempting to participate in the university’s education program or activity may also file a complaint requesting an investigation under this Policy. In addition, the Coordinator of Title IX and Civil Rights may file a complaint on behalf of a third party where the reported conduct occurred in the university’s education program or activity.

The university’s ability to respond to a report of prohibited conduct under this Policy is based on its disciplinary authority over the Respondent. If the Respondent is not an employee or student, the university’s ability to take disciplinary action will be limited and is determined by the context of the prohibited conduct and the nature of the relationship of the third-party Respondent to the university.

B. Reporting Requirements

All University of South Carolina Aiken employees are required to report incidents of prohibited conduct, as defined in this policy, to the Coordinator of Title IX and Civil Rights, which is the office with the authority to institute corrective measures on behalf of the university.

Additional information on how to report and exceptions to the reporting requirements is outlined in the procedures section of this policy.

C. Supportive Measures

1. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant and/or Respondent when a report is received. Supportive measures are available before or after the filing of a complaint or where no complaint has been filed. Supportive measures are designed to restore or preserve equal access to the university’s education program or activities, including employment, without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the university’s educational environment, or deter prohibited conduct.
2. Supportive measures are offered to a Complainant at the time a report is received.
3. Supportive measures are offered to a Respondent at the time of Notice of Complaint.
4. The University of South Carolina Aiken will also provide reasonably available supportive measures for third parties, provided that the supportive measures are within the scope of that individual’s relationship to the university.
  1. Supportive measures may include, but are not limited to, counseling, extensions of deadlines, or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual no contact directives, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
  2. The university will consider a number of factors in determining which supportive measures to take, including the needs of the student or employee seeking supportive measures; the severity or pervasiveness of the alleged conduct; any continuing effects on the Complainant; whether the Complainant and the Respondent share the same residence hall, academic course(s), or job location(s); and other relevant factors.
  3. The Coordinator of Title IX and Civil Rights and designees are responsible for ensuring the implementation of supportive measures and coordinating the university’s response with the appropriate offices on campus. The university will maintain the privacy of any supportive measures provided under this Policy to the extent practicable and will promptly address any violation of the protective measures.
  4. Emergency Removal and Suspension of Employee Respondents
    1. Emergency Removal
      
      Certain circumstances may warrant removing a Respondent from a University of South Carolina Aiken educational program or activity. The university may remove a Respondent on an emergency basis from university property or employment, education, or research programs or activities. Before imposing an emergency removal, the university will undertake an individualized analysis of safety and risk for the campus community to determine whether the Respondent’s presence in the program or activity poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of prohibited conduct and justifies removal of the Respondent from the university program or activity.
      
      The Coordinator of Title IX and Civil Rights or designee will promptly provide the Respondent with written notice of any emergency removal and an opportunity to challenge the removal. During any challenge, the Respondent must comply with the notice of removal. That notice will include a statement that the use of any information the Respondent chooses to provide may subsequently be used in implementing any aspect of this Policy, including the investigation and adjudication. The Respondent will have three business days to submit a written challenge of the emergency removal to the Coordinator of Title IX and Civil Rights or designee, who has until the end of the next business day to respond.
      
      Nothing in this policy precludes the university from taking other appropriate action under separate university processes, if applicable.
    2. Suspension of Employee Respondents
      
      Following a report of Prohibited Conduct, the university may place a non-student employee Respondent on a suspension without pay or otherwise modify duties.
  5. Obligation to Provide Truthful Information
    
    All university community members are expected to provide truthful information in any proceeding under this policy. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are erroneous or are not later substantiated. It is a violation of this policy, and considered process abuse, for anyone to:
    1. Obstruct, prohibit, exert improper influence over, or interfere with any individual making a report, participating in a process, or carrying out a responsibility covered by this policy;
    2. Falsify or misrepresent information in or related to a process covered by this policy;
    3. Make a false allegation;
      1. A false allegation is, knowingly or with reckless disregard for the truth, making false allegations of discrimination, harassment, or sexual misconduct.
      2. The absence of a finding of a policy violation is not equivalent to a false allegation.
    4. Disrupt or interfere with the orderly conduct of any proceeding conducted under this policy; or
    5. Fail to comply with any directive or sanction issued pursuant to this policy.

D. Prevention and Education Programs:

All faculty, staff, student employees, graduate assistants, and students are required to take annual sexual misconduct training and other anti-discrimination and harassment training as directed by the university. All individuals who are responsible for effectuating any part of this policy are required to be trained on the substantive requirements of Title IX. (See Appendix 5: Prevention and Education).

IV. Procedure

A. Reporting:

The University of South Carolina Aiken encourages anyone who has experienced prohibited conduct to report it directly to the university. Certain individuals have a reporting requirement to make reports of prohibited conduct to the Coordinator of Title IX and Civil Rights see Section 3: Reporting Requirement). An individual does not need to know whether they wish to request any particular course of action or how to label what happened. Individuals with questions or concerns about the university’s processes may also contact the Coordinator of Title IX and Civil Rights directly to learn more about resources and procedural options.

Any individual may make a report of prohibited conduct under this Policy regardless of affiliation with the University of South Carolina Aiken and regardless of whether or not the person reporting is the person alleged to be the victim of conduct.

1. Reporting to the Coordinator of Title IX and Civil Rights:
  
  Reports of prohibited conduct or questions about this policy and procedures can be made to the Coordinator of Title IX and Civil Rights or designee through one of the following ways:
  1. Online: reporting form at https://www.usca.edu/judicial-affairs/incident-reporting-form;
  2. For faculty/staff and students reports or questions contact the Coordinator of Title IV and Civil Right call at 803-641-3442, in person at Student Activities Center, Room 164 or by campus mail at Box 39.
2. Anonymous Reporting:
  
  Note that anonymous reports do not fulfill an employee’s requirement to report prohibited conduct as outlined in the policy (see section Reporting Requirements). Depending on the nature of the information provided, the university’s ability to respond may be limited. Insofar as possible, the anonymity of the reporter will be maintained.
  However, a reporter’s identity may have to be disclosed, at the discretion of the university, to comply with the law, to conduct a thorough investigation, or to provide fair procedural review for alleged individual(s).
  Individuals, including members of the university community, may submit reports anonymously via Maxient at https://www.usca.edu/judicial-affairs/incident-reporting-form
3. Reporting Requirements
  
  All University of South Carolina Aiken employees are required to report incidents of prohibited conduct, as defined in this policy, to the Coordinator of Title IX and Civil Rights which is the office with the authority to institute corrective measures on behalf of the university. In particular, supervisors who become aware of a report of prohibited conduct are obligated to report the allegation to the Coordinator of Title IX and Civil Rights.
  
  Exemptions to Reporting Requirements:
  1. Confidential Resources:
    
    A confidential resource acting within the scope of their confidential role or an employee who directly reports to a confidential resource and is acting within the scope of the confidential work, is exempt from the reporting requirements outlined in this policy. Examples of confidential resources can be found in Appendix 6: Confidential Resources.
  2. Student-Employees Reporting Requirements:
    
    A student-employee must report any information learned during the course of their work. When disclosures are made to student-employees who are operating outside of their official work capacity, the student-employee is exempt from the reporting requirement. If unsure, the student-employee should ask the person disclosing to them if they are seeking to connect with the university for support; if yes, they should follow the reporting requirements outlined in this policy.
  3. Public Survivor Support Events:
    
    Unless the individual is explicitly seeking assistance from the university, employees are not required to report disclosures of information regarding sexual misconduct pursuant to this policy while at public survivor support events including, but not limited to: “Take Back the Night,” candlelight vigils, protests, and survivor speak-outs.
    
    Additional information about reporting timeframes, amnesty, privacy versus confidentiality, and reporting requirements under the law can be found in Appendix 7: Reporting.
4. Time Frame for Reporting
  
  The university does not limit the timeframe for reporting. However, the passage of time may impact or limit the university’s jurisdiction and/or the ability to gather relevant evidence that may have been lost given the passage of time. Depending on the relationship of the Respondent to the university, the university may not have the authority to impose disciplinary action; this may occur when a student Respondent has graduated or an employee Respondent is no longer employed by the university. If the Respondent is no longer affiliated with the university (for example, a report is made after a student has left or graduated or an employee no longer works for the university), the university will still provide reasonably available supportive measures to the Complainant, assist the Complainant in identifying external reporting options, and may take other appropriate action to address the reported conduct. Should a Respondent leave the university during an investigative resolution, the university reserves the right to continue the investigation and implement disciplinary actions relating to their ability to their ability to return to the university and participate in the university’s education programs and activities.

B. Process following a report of Prohibited Conduct:

The University of South Carolina Aiken recognizes that deciding whether to make a report of prohibited conduct is a personal decision (note: certain individuals must fulfill their reporting requirements). Making a report is different from filing a complaint. When the university receives a report of prohibited conduct, the university will offer supportive measures to a Complainant, inform the Complainant of the availability of supportive measures with or without the filing of a complaint, and explain to the Complainant the process for filing a complaint. The university will consider the Complainant’s wishes with respect to supportive measures and seek to respect a Complainant’s autonomy in making the determination regarding how to proceed.

An individual who is uncertain what they wish to do in response to an alleged incident of prohibited conduct, including how or whether to report the conduct, may contact and consult a Confidential Resource to address questions and concerns in a confidential setting.

C. Preliminary Inquiry

Upon receipt of a report of prohibited conduct, the Coordinator of Title IX and Civil Rights or designee will engage in a preliminary inquiry to assess and understand the nature of the report, provide outreach to a Complainant, offer supportive measures, and determine whether this Policy applies to the report, and if so, what form of resolution is reasonably available and appropriate. Centralized outreach through the Coordinator of Title IX and Civil Rights ensures that all university community members have access to information about the university’s resources, policies, and procedural options for resolving the report.

D. Overview of Resolutions

At the conclusion of the preliminary inquiry, the following resolution options may be possible:

1. No Further Action (which may involve referral to another university policy)
2. Supportive measures Only (regardless of whether a complaint is filed)
3. Investigative Resolution (following a complaint by the Complainant or Title IX Coordinator)
4. Informal Resolution (voluntarily and mutually agreed upon by all parties, following a complaint by the Complainant or Title IX Coordinator, or when a Respondent accepts responsibility)
5. Other Resolution (educational conversations or coaching, considered non-disciplinary)

In order to initiate an investigative or informal resolution, a complaint must be filed with the Coordinator of Title IX and Civil Rights.

1. Complaint
  
  A complaint is a document filed by a Complainant via Maxient alleging prohibited conduct and requesting that the university proceed with a resolution as outlined in this policy. Upon receipt, the Coordinator of Title IX and Civil Rights will determine which Prohibited Conduct is being alleged (including Title IX matter as defined in 34 C.F.R. § 106.30 and defined in this policy).
  
  The Coordinator of Title IX and Civil Rights also have the discretion to file a complaint. In evaluating the appropriate manner of resolution, including whether the Coordinator of Title IX and Civil Rights will file a complaint in the absence of a complaint by the Complainant, the Coordinator of Title IX and Civil Rights will consider the following factors:
  1. whether the Complainant has requested anonymity;
  2. whether the Complainant wants to participate in an investigation;
  3. the severity and impact of the alleged misconduct and whether the misconduct was committed with a weapon;
  4. the respective ages of the parties and whether the Complainant is a minor under the age of 18;
  5. whether the Respondent has admitted to the alleged Prohibited Conduct;
  6. whether the Respondent has a history of committing such Prohibited Conduct or whether there have been other complaints about the same Respondent or the extent of prior remedial methods taken with the Respondent;
  7. whether the Respondent is alleged to have threatened further Prohibited Conduct;
  8. whether the misconduct was committed by multiple Respondents or whether the report reveals a pattern of misconduct (e.g., at a given location or by a particular group); and
  9. the existence of independent evidence that may be available without the participation of the Complainant.
  10. the university will take all reasonable steps to respond to the report consistent with a Complainant’s requested course of action, but its ability to do so may be limited based on the considerations outlined above.
2. Investigative Resolution
  
  Following the filing of a complaint, if requested or otherwise required, the university will initiate an investigative resolution to determine if there is sufficient evidence, by a preponderance of the evidence, to establish that this policy has been violated. The investigation, hearing and appeals processes are described in the accompanying Discrimination, Harassment, Sexual Misconduct resolution procedures.
3. Informal Resolution
  
  Following the filing of a complaint, if requested or otherwise required, with the written consent of the Complainant and Respondent, the university may initiate an informal resolution process. Informal resolutions include instances where the Respondent accepts responsibility for any or all allegations in a complaint.
4. Other Resolution
  
  The university reserves the right to have educational conversations and conduct coaching with anyone covered under this policy outside of the investigative and informal processes. Having an educational conversation is non-disciplinary and does not preclude the university’s ability to move forward with an informal or investigative resolution process.
5. Conduct that may violate other University Policies
  
  When reported conduct may violate this policy and other university policies, the Coordinator of Title IX and Civil Rights or designee will consult with the appropriate university office(s) to determine how the matter should be resolved. This may, but is not required to, involve a joint resolution by more than one office.
6. Process Abuse
  
  The Coordinator of Title IX and Civil Rights may combine allegations of process abuse with their resolution processes and/or forward reports of process abuse to the Office of Student Engagement or Belonging, the Human Resources Department, or the Office of the Provost for appropriate disciplinary action, if substantiated.

E. Expectations During Resolutions

All resolution processes are conducted in accordance with federal and state law. In all stages of the resolution process, Complainants and Respondents can expect:

1. a prompt, fair, impartial, and equitable investigation and resolution of allegations of prohibited conduct conducted by individuals with sufficient training and/or experience related to their role;
2. an investigator, decision-maker, and/or facilitator of informal resolution free from conflict of interest or bias for or against Complainants or Respondents generally or the individual parties related to the report or complaint;
3. privacy in accordance with this Policy and any legal requirements;
4. access to reasonably available supportive measures, without fee or charge;
5. freedom from Retaliation for making a report of prohibited conduct or participating in any proceeding under this policy;
6. a presumption that the Respondent is not responsible until a determination is made at the conclusion of the resolution process;
7. written notice of any meeting or proceeding at which the party’s presence is contemplated by this Policy, including the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
8. an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence
9. freedom to discuss the allegations under investigation or to gather and present relevant evidence;
10. the opportunity to be accompanied by an advisor of choice, including the right to have that advisor accompany the party at any meeting or proceeding and to have the university provide an advisor to conduct cross-examination on the party’s behalf at any live hearing;
11. an objective evaluation of all relevant evidence, including both inculpatory and exculpatory evidence;
12. notice of reasonably prompt time frames for major stages of the process, with written notice of permissible extensions for good cause;
13. written notice of a complaint, including notice of potential Policy violations and the nature of the alleged Prohibited Conduct;
14. timely and equal access to any information that will be used in informal or formal disciplinary meetings or hearings under this Policy, including all information gathered that is directly related to the allegations in the complaint as well as the information contained in the investigation report;
15. written notice of the outcome of investigative or informal resolution processes, including the determination of a Policy violation, any sanctions, and the rationale; and
16. the opportunity to appeal the outcome.

More information on resolution procedures can be found in the Discrimination, Harassment, Sexual Misconduct resolution procedures.

F. Documentation and Records Retention:

The university will create and maintain the following records for a period of seven years (as aligned with current law): (A) all materials used to train investigators, adjudicators, and Coordinator of Title IX and Civil Rights with regard to sexual harassment; (B) any sexual harassment investigation, including any responsibility determination; (C) any required recording or transcript; (D) any sanctions imposed on the Respondent; (E) any remedies provided to the Complainant; (F) any appeal and its result; (G) any informal resolution and its results.

IV. Related Policies

Americans with Disabilities Act
Age Discrimination in Employment Act Executive Order 11246
Genetic Information Nondiscrimination Act
Jeanne Clery Disclosure of Campus Security Act (Clery Act) as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA)
Jessica Horton Act Pregnancy Discrimination Act
Title VI of the Civil Right Act of 1964 Title VII of the Civil Rights Act of 1964
Title IX of the Education Amendments of 1972 and its implementing regulations, 20 U.S.C.
§1681 et seq.
Vietnam Era Veterans’ Readjustment Assistance Act of 1974

V. Reason for Revision

New policy approval

VI. Appendices

Appendix 1 Examples of Prohibited Conduct

Appendix 2 Academic Freedom

Appendix 3 Incapacitation

Appendix 4 Retaliation

Appendix 5 Prevention and Education

Appendix 6 Confidential Resources

Appendix 7 Reporting

Appendix 8 Additional Information about Relevant Federal Laws