GGC Title IX Lawyer: A Georgia Gwinnett College Student Respondent Guide

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This page explains, in plain terms, how a Title IX or sexual misconduct complaint against a student works at Georgia Gwinnett College (GGC) in Lawrenceville, a University System of Georgia (USG) school. Whether or not you are looking for a GGC Title IX lawyer, start with the notice you received. Its dates, charges and instructions control your case, and nothing here replaces it.

Which policy applies

Two sets of rules matter for a GGC student respondent.

The two do not line up neatly. GGC’s policy is older than the current Board policy. It sends student investigations to "BOR Policy Manual 04.07" and hearings, sanctions and appeals to "BOR’s Policy Manual 4.6.5". The Board’s student conduct standards are now numbered 4.7 (the USG discretionary review page cites "Policy 04.07.04 Appeals"), and the current Policy 6.7 contains its own student hearing and appeal rules. GGC’s Equal Opportunity and Title IX Compliance page and File a Complaint page still name 4.6.5. The handbook says "In cases of inconsistency, Board of Regents policy takes precedence."

The version and the rules that apply to you can depend on the date of the incident and the date and wording of your notice. This page describes the current Policy 6.7 steps together with GGC’s own policy. Ask the Equal Opportunity and Title IX Compliance office, in writing, which policy version and which procedures govern your case.

Title IX and sexual misconduct outside Title IX

GGC’s policy covers "Sexual Misconduct", which it says "Includes, but is not limited to, such unwanted behavior as dating violence, domestic violence, nonconsensual sexual contact, sexual exploitation, sexual harassment, and stalking." Title IX Misconduct is a narrower subset. Conduct counts as Title IX Misconduct only if it was against a person in the United States, took place in GGC’s programs or activities, and the complainant was participating or trying to participate in GGC’s programs when the formal complaint was filed. Conduct outside that definition "is still prohibited by this policy if it otherwise constitutes Sexual Misconduct."

The route for conduct outside Title IX is not consistent across GGC documents. Policy 4.1.7 says the complaint process for non-Title IX Sexual Misconduct is in GGC’s Non-Discrimination and Anti-Harassment Policy 12.1. Policy 12.1 says it does not cover Title IX/Sexual Misconduct against a student respondent, which it sends back to 4.1.7. Board Policy 6.7 has its own rules for non-Title IX sexual misconduct hearings. Your notice should name the policy you are charged under.

GGC’s Student Code of Conduct (Policy 4.6.5, effective August 5, 2026) does not apply its hearing procedures to sexual misconduct. It says sexual misconduct "is covered under 4.1.7 Title IX/Sexual Misconduct or 12.1 Non-Discrimination and Anti-Harassment, as applicable."

Who is involved

The Title IX Coordinator handles intake, dismissal decisions and informal resolution. An Equal Opportunity and Title IX Compliance Investigator investigates. If an allegation could, as reported, lead to suspension or expulsion, GGC must notify the USG Assistant Vice Chancellor for Student Affairs, who may assign an investigator and "shall have the discretion to oversee the handling of the complaint." Under Policy 6.7, a panel of faculty and/or staff hears the case and the President or a designee decides appeals.

Report vs. formal complaint

A report and a formal complaint are different. Under Policy 4.1.7, "Any individual may make a report, but the College does not have notice of the report until information is known to a Responsible Employee or the Title IX Coordinator." "A report to the College does not automatically prompt an investigation."

A Formal Complaint is "A written statement, signed by a Complainant or by the Title IX Coordinator, alleging a Respondent engaged in Sexual Misconduct and requesting a College Investigation." The Title IX Coordinator may file one even if the complainant does not want to take part, when the report includes conduct that poses a threat to the health, safety and well-being of the community. Once a formal complaint is filed or signed, GGC starts its formal grievance process.

There is "no time limitation on filing a Formal Complaint", although the passage of time can limit what GGC can investigate. A police report does not by itself count as a report to the Title IX Coordinator. GGC may consolidate related complaints, including cross-complaints, and Policy 6.7 gives the parties the opportunity to request or object to consolidation.

Early steps after notice

Under Policy 6.7, once GGC has notice, it assesses whether a formal investigation, informal resolution or dismissal is appropriate. You should receive written notice of the allegations with sufficient details, the pending investigation, possible charges, possible sanctions, available support services and temporary remedial measures, and your other rights. Policy 6.7 says this notice should go to your GGC email.

Responding to the notice. Policy 6.7 says "Upon receipt of the written notice, the parties shall have at least three business days to respond in writing." In that response you may admit or deny the allegations and set out a defense with facts, witnesses and supporting materials.

Silence. You may remain silent or not take part "without an adverse inference resulting," but the process can continue and "policy violations may result."

Presumption and standard. "Until a final determination of responsibility, the Respondent is presumed to have not violated the Sexual Misconduct Policy." Decisions use a preponderance of the evidence standard, which GGC’s policy describes as "more likely than not".

Accepting responsibility. GGC’s policy lets a respondent accept responsibility at any point. The formal process pauses, and once responsibility is accepted and GGC has implemented sanctions or remedies, "the matter will be considered final and not appealable by either party."

Contact with witnesses. GGC’s policy protects respondents from retaliation. It also warns that directly or indirectly contacting parties or witnesses to try to change their statements can lead to discipline, as can giving false evidence or misleading an investigator.

How long it takes. These are targets, not deadlines. Policy 4.1.7 says formal complaint investigations and adjudication "can take 60-120 business days to resolve." Policy 6.7 says efforts will be made to finish investigation and resolution "within 120 business days." GGC’s Clery Act and VAWA policy in the handbook gives a different figure for investigations (60 days). Delays are explained in writing.

Dismissal

GGC’s policy lists mandatory dismissal grounds for Title IX Misconduct (for example, the conduct would not be Title IX Misconduct even if proved, or did not happen in a GGC program or against a person in the United States) and discretionary grounds (the complainant withdraws in writing, the respondent is no longer enrolled, or evidence cannot be gathered). A dismissal "does not preclude action under another applicable College or USG policy." Policy 6.7 says "The parties shall have a right to appeal the institution’s decision to dismiss the complaint." Neither document states a deadline for that appeal. Use the deadline in your dismissal notice and confirm it with the Title IX office.

Emergency removal

Under Policy 6.7, emergency removal is limited to situations where the respondent "poses a serious and immediate danger or threat to persons or property." It takes effect immediately. "The Respondent shall receive notice of the removal and the opportunity to respond within three business days of receipt." GGC then decides whether the removal stays in place. This is separate from the three business days to respond to the notice of allegations. Other GGC policies describe interim suspension in slightly different terms, so follow the removal notice itself. Policy 6.7 gives an opportunity to respond; it does not promise a hearing.

Investigation and evidence

Under Policy 6.7, the investigator keeps written notes or recorded statements from each interview and keeps a record of any witnesses you offered who were not interviewed, with a short written reason. Both parties have "the right to present witnesses and other inculpatory and exculpatory evidence." Formal court rules of evidence do not apply. Treatment records from a physician, psychologist or similar professional cannot be used without the party’s voluntary written consent.

Before the report is final, you and your advisor get access to information directly related to the allegations that may be used at the hearing. The initial investigation report should list any charges or a finding of no charges, and "a charge is not a finding of responsibility."

Review periods. Policy 6.7 gives the parties "at least 10 calendar days to review and respond in writing to the initial investigation report and directly related information gathered during the investigation." The final investigation report "should be provided to the Complainant, the Respondent, and each party’s advisor, if applicable, at least 10 calendar days prior to the Hearing." These are calendar days, not business days. Other GGC processes use different periods, so check your notice.

Advisor and hearing

You may use an advisor "(who may or may not be an attorney) of the party’s choosing at the party’s own expense". The advisor can attend meetings and advise you but may not actively take part except as Policy 6.7 allows for Title IX cross-examination. GGC communicates with you, not your advisor. If you have no advisor for a hearing, GGC "will appoint a trained Advisor only for the limited purpose of conducting any cross-examination." GGC "is not obligated to provide an attorney." You may waive cross-examination, and then GGC does not have to appoint an advisor.

Hearing notice. Under Policy 6.7, notice of the date, time, location and panel members goes to both parties "at least 10 calendar days prior to the hearing," by GGC email.

The hearing. "All Sexual Misconduct cases shall be heard by a panel of faculty and/or staff." No hearing may take place before the investigation report is finalized. The investigator may testify as a witness. Hearings are in person or by video, and a party may ask to testify from a separate room. Relevant evidence that was not known or knowable before the final report is admissible; GGC decides whether other late evidence comes in.

Questioning depends on the type of case:

  • Title IX hearings: your advisor asks relevant questions directly to witnesses, including the other party. The Hearing Officer limits irrelevant questions but "shall err on the side of permitting all the proposed questions". The panel may not draw an adverse inference based only on a party’s absence or refusal to be cross-examined.
  • Non-Title IX sexual misconduct hearings: you submit written questions to the Hearing Officer, who asks them as written. "Advisors may actively assist in drafting questions." Your advisor does not question witnesses.

The decision uses a preponderance of the evidence. Both parties receive the written decision at the same time by GGC email, with the findings, the evidence relied on, the reasons for any sanction and your appeal rights.

Bias. Under Policy 6.7, any party may challenge an official’s participation for personal bias with a written statement to the institution’s designee, within a reasonable time after learning of the bias. Under GGC’s policy, concerns about the Title IX Coordinator go to the Chief Audit Officer.

Sanctions

Possible sanctions under GGC’s policy include expulsion; suspension for a set time or until conditions are met; separation of the parties such as class changes, housing reassignment and no-contact orders; training or education programs; counseling; community service; loss of privileges; "holding transcripts, delaying registration, graduation, diplomas"; added academic requirements; and restitution. Factors include the nature and severity of the offense, past conduct, willingness to accept responsibility and strength of the evidence. For suspension or expulsion, the written decision must state "the substantial evidence relied upon".

Informal resolution

GGC’s policy allows informal resolution only if both parties agree and GGC decides it is appropriate. Either party can end it before the agreement is signed and go back to an investigation. Information gathered in informal resolution "may be used in any other College process" if it ends. Under Policy 6.7, informal resolution of a Title IX formal complaint is not available where a student accuses a GGC employee. "Informal Resolutions are not appealable."

Supportive measures

Supportive measures are "non-disciplinary, non-punitive individualized services offered by the College as appropriate, as reasonably available, without fees". A respondent who learns of a complaint should receive written information about them, and GGC schedules separate meetings with each party to review reporting options and supportive measures. Examples in GGC’s policy include academic support and deadline extensions, class schedule changes, withdrawals or leaves of absence, changes to on-campus living arrangements, safety escorts, and no-contact directives. A no-contact order can stay in place "pending the investigation and, if applicable, the hearing." Policy 6.7 says support services are available to both parties before or after a complaint is filed.

Appeals

Outcome appeal. Policy 6.7 allows an appeal on three grounds: new information that was not known or knowable at the time of the hearing; a procedural error in the hearing process that may have substantially affected fairness, including improperly excluded questions or bias; or a finding "inconsistent with the weight of the information." The appeal "must be submitted within five business days of the date of the final written decision" and "should be made to the institution’s President or their designee." It is a review of the record, and no new meeting is required. The President or designee may affirm, change the sanction, send the case back, or reverse or dismiss it.

Late appeals "will not be considered unless the institution or Board of Regents has granted an extension prior to the deadline."

Other GGC policies route appeals differently. The Student Code sends conduct appeals first to the Vice President for Student Affairs, and the Non-Discrimination and Anti-Harassment Policy ties its five business days both to receipt of the written notification and to the date of the final written decision. Follow the deadline and the recipient named in your own outcome letter.

USG discretionary review. After GGC’s final decision, a party may apply to the USG Office of Legal Affairs under Board Policy 6.26. The USG discretionary review page says to apply "within 20 calendar days following the final institution decision," and that review "is not a matter of right". This is a separate window with its own trigger.

Completed informal resolutions and accepted-responsibility outcomes are not appealable.

FAQ

Is GGC’s process run under the Student Code of Conduct?
No. The Student Code says sexual misconduct is covered under Policy 4.1.7 or Policy 12.1. Hearing and appeal rules come from Board of Regents policy, as explained under Which policy applies.

Do I need a lawyer as my advisor?
No. Your advisor may or may not be an attorney, at your own expense. GGC appoints a trained advisor for cross-examination if you have none, but it is not obligated to provide an attorney.

Will staying silent be held against me?
Policy 6.7 says no adverse inference results from remaining silent, but the process can continue and violations can still be found.

How long do I have to respond to the notice?
Policy 6.7 gives at least three business days from receipt of the written notice. Check your notice for the exact date.

Which version of the policy applies to me?
It depends on the incident date and your notice. Ask the Equal Opportunity and Title IX Compliance office which version and procedures govern your case.

Can the respondent get supportive measures?
Yes. GGC’s policy offers supportive measures to both parties, and Policy 6.7 says support services are available before or after a complaint is filed.

More guides for Georgia schools: Georgia Title IX lawyer.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

Disclaimer

This page is general information about Georgia Gwinnett College and University System of Georgia policies as published on September 25, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. This page is not affiliated with or endorsed by Georgia Gwinnett College or the University System of Georgia. Policies change, and the notice you receive controls your case. For advice about your situation, speak with a lawyer.

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