The Americans with Disabilities Act of 1990 (ADA) is the first comprehensive civil rights law to prohibit discrimination against people with disabilities on the basis of disability. Georgia Tech supports and complies with the provisions of the ADA. If you believe you have a disability and need an accommodation, please contact Georgia Tech's Compliance Advisor at 404-218-9624.

You may also reference the HR Web site for additional information: Disability Services

The Policy provides an avenue of redress beginning at the lowest possible level as well as for subsequent resolution levels.

Staff may utilize the process articulated in this Policy to appeal Suspensions (as defined by USG policy), Demotions and Dismissals for cause.

According to the University System of Georgia's grievance policy, the following types of grievances are prohibited:

• Promotion and Tenure Decisions
• Performance Evaluations
• Hiring Decisions
• Classification Appeals
• Challenges to Grades or Assignments
• Challenges to Salary Decisions
• Challenges to Transfer and Reassignments
• Terminations or layoffs because of lack of work or elimination of position
• Investigations or decisions reached under the Institute's Nondiscrimination and Anti-Harassment Policy
• Terminations that occurred during the six (6)-month provisional period
• Terminations due to a reorganization, program modification, or financial exigency (such employees may apply to the Board of Regents for review)
• The issue underlying the grievance is a charge of discrimination pursuant to the protections afforded by the Nondiscrimination and Anti-Harassment Policy. Such charges should be directed to the Institute’s Nondiscrimination and Anti-Harassment (NDAH) Officer.

First Level of Appeal – Appeal to Manager
The first level of appeal will be to the Skip Level Manager of the person who issued the original employment action decision. The Grievant shall submit their appeal in writing within five (5) business days of the challenged action, indicating specifically why they believe the decision was improper and should be reversed. The manager of the decision-maker may also meet with the Grievant if they believe it would be beneficial in their review of the matter. Instructions for the appeal process are contained in the employment action letter. Templates for employment action letters are developed by GTHR-Employee Relations.

The Manager will provide written notification of their decision to the Grievant, including information on how to contact The Hearing Coordinator in the event they wish to appeal to the Impartial Board of Review (IBR).

Second Level of Appeal – Impartial Board of Review
If the Grievant member wishes to pursue a second level appeal, they may file an appeal to the Impartial Board of Review (IBR). After receiving the Manager's written decision regarding the appeal, the Grievant must formally request to appeal the original employment action to the Impartial Board of Review within 5 business days of the date of the Manager’s appeal decision letter. The request must be made by completing the Petition for Review Form.

The Hearing Coordinator will make every effort to schedule a hearing date within thirty (30) business days from the time that a Grievant officially submits an eligible Petition for Review Form to the IBR. Should extenuating circumstances exist for the Grievant, they may submit a written request for the hearing to be scheduled beyond this period.

A Grievant's failure to cooperate with document submission or other requirements set out in this policy or as required by the Hearing Coordinator, or Grievant’s failure to appear for a scheduled IBR briefing or hearing, will constitute a waiver of the right to appeal.

Should the Grievant allege any form of race, age, sex, color, national origin, sexual orientation, or disability discrimination as a basis for the grievance, the case will be immediately referred to the Institute’s Non-Discrimination Anti-Harassment (NDAH) Officer and will not proceed through the Grievance process.

IBR Board Members
Appeals are heard by a panel consisting of three IBR Board Members. IBR Board Members serve on three-year terms and may serve more than one term. IBR Board Members will also complete formal training on their roles and the hearing process. 

The Hearing Coordinator selects IBR Board Members to serve on appeal panels and ensures that selected panel members do not have a conflict of interest and do not work in the same department as the Grievant. Additionally, the Grievant and Management Representative may object to any IBR Board Member who they believe, with reasonable cause, may be incapable of remaining impartial throughout the process. The Hearing Coordinator will inform the parties of the process and timeframes for filing objections. Objections to any IBR Board Member must be submitted to the Hearing Coordinator as soon as possible, but no later than the scheduled briefing with the Hearing Officer.

Additionally, the Hearing Coordinator will provide the IBR Board Members with a copy of all exhibits and documents for review in advance of the hearing date. The Hearing Coordinator will notify the IBR Board Members of the date, time, and location and/or virtual meeting logistics for the scheduled hearing.

Witnesses and Evidence
Evidence shall be limited to witness testimony and documentation that is directly relevant to the employment action in dispute. 

The IBR is not bound by the strict legal rules of evidence and may receive any evidence of probative value in order to determine the issues involved; however, every effort will be made to obtain the most reliable evidence available. All substantive matters related to the admissibility of evidence or procedural matters are decided by the presiding Hearing Officer.

Witnesses for the IBR hearing must be current Staff of Georgia Tech, regular or temporary, in good standing. The following groups of individuals may not serve as witnesses:

• Students (A student employee acting as a witness based on their involvement as an employee is not included in this prohibition)
• Members of the staff of the Office of the President (direct and indirect reports)
• GTHR Business Partners (inclusive of GTHR Associate Directors of HR, HR Consultants, HR Coordinators)
• Members of the Employee Relations Team
• Members of the staff of the Office of Legal Affairs
• Former Employees

The Hearing Officer may approve an exception to this rule if such witnesses are directly relevant to the issues raised by the grievance.

Witnesses shall not be harassed, intimidated, or otherwise penalized for appearing at a hearing. The Grievant and Management Representative must obtain their own witnesses. Witness participation is voluntary, and any proposed witness may elect not to participate. The Grievant and Management Representative may each identify up to three (3) witnesses, unless additional witnesses are approved by the Hearing Officer.

A list of proposed witnesses and a copy of all proposed exhibits and documentation must be submitted to the Hearing Coordinator prior to the scheduled briefing with the Hearing Officer. The Hearing Coordinator will inform the parties of the process for submitting the exhibits and documents and set a timeline for submission. Failure to provide witness information, documentation or exhibits may result in the exclusion of the information from the hearing.

Each party shall have the opportunity to present documentation, exhibits and evidence, which the Hearing Officer has previously approved at the IBR briefing and has deemed to be appropriate as well as relevant to the grievance.

Advisors
The Grievant may have an Advisor present at the hearing. This Advisor cannot be an attorney, a student, a member of the Office of the President, a member of the staff of Georgia Tech Human Resources, or a member of the staff of the Office of Legal Affairs. Grievant must obtain the Advisor on their own behalf and inform the Hearing Coordinator of the advisors’ name and contact information. The Advisor must be a current Georgia Tech employee, regular or temporary in good standing. During the hearing, the Advisor may only communicate with the Grievant and is not permitted to question witnesses or advocate to the Hearing Officer or panel on the Grievant’s behalf.

Hearing Process
The parties involved are required to attend separate briefings with the Hearing Officer no later than one (1) week prior to the hearing. The purpose of the briefing is to review the hearing protocol and answer any questions about the process. Each party’s proposed exhibits, documents and witness list will be reviewed at the briefing. Failure to attend the briefing or any other scheduled meeting in support of the grievance process without due cause will result in immediate loss of appeal rights.

The Grievant and Management Representative may present relevant evidence upon approval by the Hearing Officer, including up to three (3) witnesses. No cross-examination of hearing participants is permitted during the proceedings.

Recommendations of the IBR
The IBR, after considering all relevant evidence, will make a recommendation as to whether the facts/information presented during the hearing supports the identified employment action, using the preponderance of evidence standard. The IBR's report shall be based on evidence admitted for the hearing, including statements from the Grievant, Management Representative, and witnesses. The IBR's recommendation will be by majority vote. The Hearing Officer shall prepare a written report that includes the findings and all relevant information. The report will be submitted to the to the President (or the President’s designee), who shall make the final Institute decision. The Grievant will be informed of the final Institute decision in writing and advised of any further right to appeal.

Confidentiality
All efforts shall be made to keep the details regarding the grievance and IBR hearing confidential. All witnesses, participants, Hearing Officers, Hearing Coordinators, and IBR Board Members will strive to maintain confidentiality by sharing information related to the grievance and the IBR hearing only with parties directly related to the matter. The hearing will be closed, and only the Hearing Officer, the assigned IBR members, Grievant, Grievant’s Advisor, Management Representative and Hearing Coordinator will be present in the hearing. Witnesses will be admitted to the hearing only during their testimony and then immediately dismissed. Georgia Tech will maintain confidentiality, but records maybe subject to disclosure subject to state open records and meetings laws.

Non-Retaliation
All parties participating in activities under the Grievance Appeal Policy are protected from retaliation pursuant to the USG and Georgia Tech’s Non-Retaliation Policy. 

The Institute commits to ensuring equal access to all Institute programs, services and activities provided through Information Technology, whether provided directly by the Institute or by a vendor. As provided in Part VII, below, all Institute offices using vendor-provided Information Technology shall ensure that such IT complies with the Accessibility Standards contained in this policy. Unless an exemption applies, all schools, colleges, departments, offices and entities of the Institute shall adhere to the Institute’s Accessibility Standards, as defined below.

The Board of Regents of the University System of Georgia (“BOR”) and Georgia Tech prohibit discrimination on the basis of an individual’s age, color, disability, genetic information, national origin, race, religion, sex, or veteran status (“protected status”) to the full extent of federal and state law. No individual shall be excluded from participation in, denied the benefits of, or otherwise subjected to unlawful discrimination, harassment, or retaliation under, any Institute program or activity because of the individual’s protected status; nor shall any individual be given preferential treatment because of the individual’s protected status, except that preferential treatment may be given on the basis of veteran status when appropriate under federal or state law. 

Further, Georgia Tech prohibits the use of citizenship status, and immigration status discrimination in hiring, firing, and recruitment, except where such restrictions are required in order to comply with law, regulation, executive order, or Attorney General directive, or where they are required by Federal, State, or local government contract.

Georgia Tech takes active measures to prevent such conduct and investigates and takes remedial action when appropriate. If the Institute determines that an incident of harassment created a hostile environment in its programs or activities, the Institute will take steps reasonably calculated to (a) end the harassment, (b) eliminate any hostile environment and its effects, and (c) prevent the harassment from recurring, including by extending interim measures and/or by extending opportunities for, as appropriate, informal resolution and/or a formal resolution (investigation and adjudication).

Georgia Tech holds the First Amendment guarantees of freedom of speech, freedom of expression, and the right to assemble peaceably as an essential cornerstone to the advancement of knowledge and the right of a free people. Additionally, Georgia Tech protects freedom in academic instruction, research, publication, and individual expression. This Policy does not conflict with those guarantees.

This Policy serves to promote equal access to programs, services, facilities, and transportation as it relates to the permitted use of animals assisting individuals with disabilities.

1. General Rules

Georgia Tech recognizes animals assisting individuals with disabilities in the following categories: Service Animals as defined under the Americans with Disabilities Act as amended; Service Animals in Training as defined in Georgia state law; and Assistance Animals, which includes Emotional Support Animals (ESAs) allowed under the Fair Housing Act in Georgia Tech Residential Facilities.

General Rules in this section apply to all Service and Assistance Animals unless otherwise noted.

a. Prohibited Areas

The Institute permits Service Animals to accompany Handlers at all times on Institute grounds or facilities, with exceptions in areas where animals are specifically prohibited due to safety or health concerns, potential danger to the animal, or risk of compromising research integrity. Requests for exceptions in restricted areas should be made on a case-by-case basis. Students seeking exceptions should contact the Office of Disability Services, while employees should contact Equal Opportunity, Compliance, and Conflict Management.

Assistance Animals are restricted to Housing Facilities unless permission is granted by facility management as a reasonable accommodation.

b. Responsibilities of Handlers

Handlers are responsible for any damage or injuries caused by their animals and must take appropriate precautions to prevent property damage or injury. The cost of care, arrangements, and responsibilities for the well-being of a Service Animal or Assistance Animal is the sole responsibility of the Handler at all times.

 i. Animal Behavior

The Handler should maintain full control over the animal and to the extent possible, the Handler should ensure that the animal does not:

• Sniff people, furniture, or the personal belongings of others
• Display any behaviors or noises that are disruptive to others, unless it is part of the service being provided to the Handler
• Block an aisle or passageway for emergency egress
• Bark uncontrollably
• Jump on other people
• Run away from the Handler

When outside the residence, Assistance Animals must be contained in an animal carrier or controlled by a leash or harness. When inside the residence, the Assistance Animal should always remain under the dominion and control of the Handler. Assistance Animals must not be left unsupervised for extended periods. If the Handler is away overnight, the Assistance Animal must accompany them.

ii. Waste Removal

Cleaning up after the animal is the sole responsibility of the Handler. In the event that the Handler is not physically able to clean-up after the animal, it is the responsibility of the Handler to make the necessary provisions to clean up after the animal.

c. Conflicting Disabilities

If students and employees have allergic reactions or other conditions to animals that are substantial enough to qualify as a disability, then Georgia Tech will consider the needs of both persons in meeting its obligations to reasonably accommodate all disabilities, and to resolve the problem as efficiently and expeditiously as possible. For a resolution, students requesting accommodations should contact the Office of Disability Services and employees requesting accommodations should contact the Office of Equal Opportunity, Compliance, and Conflict Management. If this process does not yield a resolution, then the parties should contact the Institute ADA Coordinator.

d. Emergency Response

In the event of a fire drill or emergency evacuation, assistance animals should remain under the Handler’s control or contained within the residence. Emergency personnel will not be responsible for the removal of assistance animals during an evacuation but will determine whether to remove the animal, if necessary, based on the situation. Handlers are encouraged to consider the effect of alarms on their animals and make appropriate preparations for these events.

2. Service Animals

The Institute welcomes Service Animals in its facilities, including recreational facilities, activities, programs, transportation, and events when accompanied by:

• An individual with a disability for whom the Service Animal is trained to provide, and does provide, a specific service to them that is directly related to their disability, or
• An individual who is training the animal on tasks related to a disability with the intent of becoming a fully trained Service Animal.

a. Inquiries Regarding Service Animals

Georgia Tech employees may only ask two questions to determine whether an animal qualifies as a Service Animal. Georgia Tech employees may ask:

•      If the animal is required because of a disability?
•    What work or task has the animal been trained to perform?

In compliance with federal law, Georgia Tech employees cannot require documentation, such as proof that the animal has been certified, trained, or licensed as a Service Animals.

Generally, Georgia Tech employees may not make any inquiries about a Service Animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., a dog observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

b. Service Animal Control Requirement

• The animal should always be on a leash unless providing a service to the Handler requires the animal to be unleashed.
• The animal should be capable of always responding to voice or hand commands, and the Handler should be in full control of the animal at all times.
• To the extent possible, the animal should be unobtrusive to other individuals and their respective learning, living, and working environments.

c. Service Animals in Training

Under Georgia Code § 30-4-2 only dogs can be trained as Service Animals and have the same rights as a fully       trained Service Animal when accompanied by a trainer and are identified as such in any place of public accommodation.

The trainer must:

• Have the animal on a leash and have the dog under their control.
• Have on their person and available for inspection credentials from an accredited school for which the animal is being trained
• Have a collar, leash, or other appropriate attire identifying the animal as a Service Animal in training.

Trainers of Service Animals in training must also adhere to the requirements for Service Animals and are subject to the removal policies as outlined in this policy.

d. Removal of Service Animals

On rare occasions, Service Animals may be removed for the following reasons:

• Out of Control Animal: A Handler may be directed to remove an animal that is out of control if the Handler does not take effective action to control it. If improper animal behavior happens repeatedly, the Handler may be prohibited from bringing the animal into any Georgia Tech facility in the future until the Handler can demonstrate that the Handler has taken significant steps to mitigate the behavior. (See examples of unacceptable behavior under section I.B.1 Animal Behavior.)
• Non-Housebroken Animal: A Handler may be directed to remove an animal that is not Housebroken. Occasional accidents do not meet this qualification.

• Direct Threat: A Handler may be directed to remove an animal that Georgia Tech determines to be a substantial and direct threat to the health and safety of individuals. This may occur as a result of a very ill animal, a substantial lack of cleanliness of the animal, or the presence of an animal in a sensitive area like a medical facility, certain laboratories, or mechanical or industrial areas.

  Where a Service Animal is properly removed pursuant to this policy, Georgia Tech will work with the Handler to determine reasonable alternative opportunities to participate in the service, program, or activity without having the Service Animal on the premises.

e. Appeals for Service Animals

Any person dissatisfied with a decision concerning a Service Animal may appeal through the Office of Equal Opportunity, Compliance, and Conflict Management.

3. Assistance Animals (See Definitions Below)

All University System of Georgia (USG) institutions with Campus Housing must permit Assistance Animals in housing as a reasonable accommodation for residents (students or employees) with disabilities who meet the legal requirements for an Assistance Animal under the Fair Housing Act (FHA), 42 U.S.C.A. § 3604(f), which is enforced by the U.S. Department of Housing and Urban Development (HUD)

1. Inquiries about Assistance Animals

All inquiries about Assistance Animals in residence as an accommodation should be made directly to The Office of Disability Services. For the current procedure on ESAs please see the Housing and Residence Life website.

2. Required Disability Information

An individual requesting to bring an Assistance Animal into Campus Housing must provide written documentation that shows all of the following as stated in the U.S. Department of Housing and Urban Development Guidance issued on January 28, 2020, page 17:

• The individual’s name.
• A statement confirming that the health care provider has a professional relationship with the individual.
• Information demonstrating that the individual has a disability, as defined by the Fair Housing Act.
• Information showing that the impairment substantially limits one or more major life activities.
• A description of the animal and how it will assist in alleviating a symptom or effect of the disability

Generic online certifications without a genuine health consultation may not be sufficient. The Institution shall consistently evaluate the documentation presented.

3. Assessing the Reasonableness of Assistance Animals

In determining whether a specific animal is a reasonable accommodation, Georgia Tech will consider whether the animal is appropriate based on HUD Guidance Published January 12, 2020 page 12 Types of Animals. If an Assistance Animal is deemed unreasonable, Georgia Tech will engage in the interactive process with the individual to explore alternative accommodations.

4. Health and Wellness Requirements

Assistance Animals must be Housebroken, spayed or neutered, and in good health, including regular veterinary care. Proof of vaccinations and a clean bill of health from a licensed veterinarian must be provided before the animal is permitted in Campus Housing, and an updated health report may be required annually. The Handler must maintain a clean living environment and promptly dispose of waste. The Handler is responsible for ensuring that the living area is kept free of odors, fleas, and other pests caused by the animal. Georgia Tech reserves the right to conduct periodic inspections to ensure compliance with these health standards.

5. Types of Animals

In general, only domesticated animals commonly kept in households can serve as Assistance Animals. Although it is possible that an “exotic species” could qualify as an Assistance Animal, the individual seeking accommodation has a substantial burden to demonstrate a disability-related need for the specific exotic animal or the specific type of exotic animal.

6. Removal of Assistance Animal

Georgia Tech may require the removal of an Assistance Animal if:

• The animal is out of control, and the Handler does not take effective action to control it.
• The animal is not Housebroken.
• The animal poses a direct threat to the health or safety of others, or its presence results in significant property damage.
• The Handler fails to comply with health or sanitation requirements

Removals are determined by the behavior of the particular animal, on a case-by-case basis, and in consultation with Housing and Residence Life, the responsible resident, and other parties as appropriate.

When removal is necessary, the Handler will be notified by Housing and Residence Life in writing that removal of the Assistance Animal is required and given a specified, reasonable amount of time to make alternative arrangements for the Assistance Animal to be removed. If the Handler fails to remove the Assistance Animal within the designated time frame, the Institute has the right to remove the animal and relinquish it to a local animal shelter. The Handler must be allowed to contest removal determinations through an appeal process and should be notified of that right when such determinations are made.