Federal and State Laws

What is the Americans with Disabilities Act (ADA)?

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. More information about the ADA is available through the federal website: ada.gov/resources/disability-rights-guide. 

Additional federal legislation that provides protections or resources to individuals in higher education with disabilities include:

Notice of Compliance

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT AND THE REHABILITATION ACT

The Georgia Institute of Technology ("Georgia Tech") shall comply with the provisions of the Americans with Disabilities Act of 1990 and its amendments of 2008, and the Rehabilitation Act of 1973, as amended, as well as the regulations implementing these laws (Collectively, “ADA”, "ADAAA" and “Rehab. Act”, respectively).

Renovations and additions to Georgia Tech facilities, as well as new construction since effective dates of the ADA and Rehab Act, shall be carried out in accordance with the ADA and Rehab Act standards for accessible design. The ADA provides that no qualified individual with a disability shall, on the basis of the disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. The ADA also requires Georgia Tech to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. Georgia Tech provides services and reasonable accommodations to currently enrolled undergraduate and graduate/professional students with disabilities.

Our mission is to provide students with disabilities equal access to the services, programs, and activities of the Institute so that they may, as independently as possible, meet the demands of University life. Students who require accommodations should contact the Office of Disability Services at  disabilityservices.gatech.edu

Employees who require accommodations to perform their job duties should contact Human Resources Disability Services, Employee Relations ohr.gatech.edu/disability-services.

In addition to the Office of Disability Services and Employee Relations, Georgia Tech is committed to adhering to accessibility legislation for publishing electronic information, as noted in Section 504 of the Rehabilitation Act of 1973. If you are an individual which includes visitors with a disability who may require assistance or accommodation in order to participate in or receive the benefit of a service, program, or activity of Georgia Tech, or if you desire more information, you may contact the coordinator of the specific service, program or activity involved or the undersigned ADA Coordinator at the address and telephone number below.

Text telephone users may route inquiries through the Georgia Relay Center at 711.

J. Denise Johnson Marshall
ADA Compliance Coordinator
Equity and Compliance Programs
Georgia Institute of Technology
500 Tenth St. NW,
Office 414 Atlanta, GA 30318
(404) 385-0733
dmarshall@gatech.edu

What is Title IX?

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance" – from the preamble to Title IX of the Education Amendments of 1972.

Title IX, as a landmark civil rights law, profoundly affects all aspects of schooling by requiring equal opportunity. Since its passage in 1972, Title IX has had a profound impact on helping to change attitudes, assumptions, and behavior and, consequently, our understanding of how sexual stereotypes can limit educational opportunities. We now know, for example, that gender is a poor predictor of one's interests, proficiency in academic subjects, or athletic ability. As the First Circuit Court of Appeals noted, "interest and ability rarely develop in a vacuum; they evolve as a function of opportunity and experience” (Cohen v. Brown University (1st Cir. 1996) 101 F.3d 155, 179).

When Title IX is mentioned, many people think about women and athletics. However, Title IX is about so much more; it also covers acts that can impact educational opportunities for all.  Other areas which fall within the scope of Title IX include:

  • Recruitment, Admissions, Financial Aid and Scholarships
  • Course Offerings and Access
  • Counseling
  • Hiring and Retention of Employees
  • Benefits and Leave

Title IX also prohibits sexual harassment, which includes sexual assault and sexual violence.

Equity and Participation in Athletics

Pregnant and Parenting

female basketball player bounces basketball while a player from the opposing team guards her

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational programs that receive federal funds. While the law applies to all aspects of educational opportunities, it probably is best known for its application to sports. Title IX requires that educational institutions

  1. provide male and female students with equal opportunities to play sports
  2. give male and female athletes their fair share of athletic scholarship dollars
  3. provide equal benefits and services (such as facilities, coaching, and publicity) to male and female athletes overall

Georgia Tech fully supports equality of opportunity for its male and female athletes, whether as part of its NCAA Division I intercollegiate athletics program or through its more than 30 student-run sports clubs and 20 intramural teams.

Joeleen Akin
Senior Associate Director of Athletics
Deputy Title IX Coordinator for Equity in Athletics
jakin@athletics.gatech.edu
(404) 894-4462

a doctoral graduate poses next to his wife and two children

In accordance with Title IX, students should be permitted to make up any coursework or educational activities/assignments that are missed due to any documented medically necessary absences or conditions that arise during pregnancy and delivery.

Depending on an individual’s situation, this may include doctor’s appointments, medical complications, hospital visits, and delivery. 

Pregnant students, regardless of residency/visa status, are protected from discrimination based on pregnancy. 

Two resources from the U.S. Department of Education that may be useful to review include:

For additional information and resources for Pregnant and Parenting individuals at Georgia Tech, including requesting accommodations, submit the Pregnancy Accommodation Request Form.

Sex and Gender Discrimination

For Students

Sex/Gender Discrimination of Students Under Title IX

In the provision of aid, benefit, or service to students, Georgia Tech may not and will not, on the basis of sex -

  • Treat one student differently from another in determining whether the student satisfies any requirement or condition for the provision of any aid, benefit, or service
  • Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner
  • Deny any student any such aid, benefit, or service
  • Subject students to separate or different rules of behavior, sanctions, or other treatment
  • Aid or perpetuate discrimination against a student by providing significant assistance to any agency, organization, or person that discriminates on the basis of sex in providing any aid, benefit, or service to students
  • Otherwise limit any student in the enjoyment of any right, privilege, advantage, or opportunity.

Source: ed.gov/about/offices/list/ocr/docs/shguide.html

Such aids, benefits, or services may include but are not limited to, admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing, and employment.

For Faculty & Staff

  • The Georgia Institute of Technology is committed to building a diverse faculty and staff for employment and promotion to ensure the highest quality workforce, to reflect human diversity, and to improve opportunities for minorities and women. The Institute embraces human diversity and is committed to equal employment opportunity, affirmative action, and eliminating discrimination. This commitment is both a moral imperative consistent with an intellectual community that celebrates individual differences and diversity, as well as a matter of law.
  • Discrimination against any individual based upon protected status, which is defined as age, color, disability, gender identity, military status, national origin, race, religion, sex, sexual orientation, or veteran status, is prohibited.
  • For more information, see the Institute's Equal Opportunity, Nondiscrimination, and Anti-Harassment Policy.

Definitions Under Georgia State Law

The Official Code of Georgia (O.C.G.A.) may be viewed here.

Dating Violence

O.C.G.A § 19-13A-1 defines a “dating relationship” and “dating violence” as:

“Dating relationship” means a committed romantic relationship characterized by a level of intimacy that is not associated with mere friendship or between persons in an ordinary business, social, or educational context; provided, however, that such term shall not require sexual involvement.

  • “Dating violence” means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or who are currently, or within the last 12 months were, in a dating relationship:
    1. Any felony; or
    2. Commission of the offenses of simple battery, battery, simple assault, or stalking.

Domestic (Family) Violence

O.C.G.A. § 19-13-1 as: As used in this article, the term “family violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents, and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

  1. Any felony; or
  2. Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. The term “family violence” shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

Sexual Assault (Sexual Battery)

  1. For the purposes of this Code section, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
  2. A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
  3. Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
  4. A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
  5. Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

Rape

O.C.G.A. § 16-6-1 defines “rape” as:

  1. A person commits the offense of rape when he has carnal knowledge of:
  • A female forcibly and against her will; or
  • A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.

  1. A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
  2. When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.

Sodomy; Aggravated Sodomy; Medical Expenses

O.C.G.A. § 16-6-2 provides:

  1.  
  1. A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.
  2. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
  1.   
  1. Except as provided in subsection (d) of this Code section, a person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
  2. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
  1. When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
  2. If the victim is at least 13 but less than 16 years of age and the person convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

Incest

O.C.G.A. § 16-6-22:

  1. A person commits the offense of incest when such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows:
  1. Father and child or stepchild;
  2. Mother and child or stepchild;
  3. Siblings of the whole blood or of the half blood;
  4. Grandparent and grandchild of the whole blood or of the half blood;
  5. Aunt and niece or nephew of the whole blood or of the half blood; or
  6. Uncle and niece or nephew of the whole blood or of the half blood.

A person convicted of the offense of incest shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of incest under this subsection with a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this Code section of the offense of incest shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

Statutory Rape

O.C.G.A. § 16-6-3:

  1. A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
  2. Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years.

Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

  1. If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

Stalking

O.C.G.A. § 16-5-90:

  1.  
  1. A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms “computer” and “computer network” shall have the same meanings as set out in Code Section 16-9-92; the term “contact” shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term “place or places” shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term “harassing and intimidating” means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person’s safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.
  2. A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6- 110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person’s consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others.
  1.  Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor.
  2. Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.
  3. Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person’s immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation.