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POLICY: Title IX Sex and Gender Descrimination

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POLICY: Title IX Sex and Gender Descrimination POLICY: Title IX Sex and Gender Descrimination As used in this document, the term “complainant” refers to the person impacted by alleged sexual harassment or discrimination. The term “respondent” refers to the person who has allegedly engaged in discrimination. Applicable Scope Tusculum University affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. All policies below are subject to resolution using the Tusculum University’s Title IX Resolution Process (TIXRP), as detailed below. When the respondent is a member of the University community, the TIXRP is applicable regardless of the status of the complainant who may be a member or non-member of the campus community, including students, student organizations, faculty, administrators, staff, guests, visitors, campers, etc. Title IX Coordinators The Title IX Coordinators oversee implementation of the Title IX Policy. The Title IX Coordinators head the Title IX Team and act with independence and authority free of conflicts of interest. To raise any concern involving a conflict of interest by the Title IX Coordinators, contact the University President, Dr. Scott Hummel. To raise concerns regarding a potential conflict of interest with any other administrator involved in the TIXRP, please contact a Title IX Coordinator. Inquiries about and reports regarding this policy and procedure may be made internally to: Ms. Mikaela Cooney Mr. Jonathon C. Gresham Title IX Co-Coordinator Title IX Co-Coordinator Department of Social Sciences Office of Campus Safety P.O. Box 5001 P.O. Box 5096 Greeneville, TN 37743 Greeneville, TN 37743 Garland Library, Room 123 Niswonger Commons, Room 222 (423) 636-7300, Ext. 5259 (423) 636-7318 [email protected] [email protected] 1874398.2 7/25/2011 Deputy Title IX Coordinators: Rachael Barnett Deborah S. Davis Title IX Deputy Coordinator – Students Title IX Deputy Coordinator - Athletics Student Support Services TRiO Programs Associate Athletic Director/SWA/Compliance PO Box 5053 PO Box 5066 Greeneville, TN 37743 Greeneville, TN 37743 Niswonger Commons, Room 417 Rankin Hall, Office 106 (423) 798-1635 (423) 636-7323 [email protected] [email protected] Inquiries may be made externally to: Office for Civil Rights (OCR) U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-1100 Customer Service Hotline #: (800) 421-3481 Facsimile: (202) 453-6012 TDD#: (877) 521-2172 Email: [email protected] Web: http://www.ed.gov/ocr Equal Employment Opportunity Commission (EEOC) Contact: http://www.eeoc.gov/contact/ Notice to Applicants for Admissions and Employment, Employees, Vendors, and Contratotors (34 C.F.R. § 106.8) Tusculum University Offices of Admissions, Business, Financial Aid, Student Affairs, and Regstrar: All applications of student admissions and any other publication provided to potential and/or admitted students, shall contain the following information concerning Title IX: Name, Title, Office Address, Electronic Email Address, and Telephone number of the employee(s) designated as the Title IX Coordinator(s); TU statement of Non-Discrimination (see below); how to file a complaint of sexual discrimination including sexual harassment; and a link to the TU Title IX grievance process and procedures. Tusculum University Office of Human Recources: All applications for employment and any other publication provided to potential and/or employed persons, shall contain the following information concerning Title IX: Name, Title, 08-13-2020 Version 1 Office Address, Electronic Email Address, and Telephone number of the employee(s) designated as the Title IX Coordinator(s); TU statement of Non-Discrimination (see below); how to file a complaint of sexual discrimination including sexual harassment; and a link to the TU Title IX grievance process and procedures. All employees shall attend (whether in person or online) a mandatory annual inservice training which informs them of the following concerning Title IX: Name, Title, Office Address, Electronic Email Address, and Telephone number of the employee(s) designated as the Title IX Coordinator(s); how to file a complaint of sexual discrimination including sexual harassment; and who must report a violation of this policy to the Title IX Coordinators. Each job description at Tusculum University shall contain the following information concerning Title IX: Name, Title, Office Address, Electronic Email Address, and Telephone number of the employee(s) designated as the Title IX Coordinator(s); TU statement of Non- Discrimination (see below); how to file a complaint of sexual discrimination including sexual harassment; and a link to the TU Title IX grievance process and procedures. Lastly, each job description must inform the employee whether they are a mandatory reporter regarding violations of Title IX. Contract Managers: All contracts which Tusculum University is a party to; and, which consists of persons doing work on or at any property owned by Tusculum University or event sponsored in whole or part by Tusculum University must contain the following information concerning Title IX: Name, Title, Office Address, Electronic Email Address, and Telephone number of the employee(s) designated as the Title IX Coordinator(s) and how to file a complaint of sexual discrimination including sexual harassment. Additionally, all contracts must contain the TU statement of Non-Discrimination (see below). Facilities Management: All written agreements to reserve space on University owned property must include the following information regarding Title IX: Name, Title, Office Address, Electronic Email Address, and Telephone number of the employee(s) designated as the Title IX Coordinator(s) and how to file a complaint involving a violation of Title IX. Additionally, all written agreements to reserve space on University owned property must contain the TU statement of Non-Discrimination (see below). Reporting Discrimination including Sex-Based Discrimination and Sexual Harassment 08-13-2020 Version 2 Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator(s), or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator(s): Ms. Mikaela Cooney Mr. Jonathon C. Gresham Title IX Co-Coordinator Title IX Co-Coordinator Department of Civic Studies Office of Campus Safety P.O. Box 5001 P.O. Box 5096 Greeneville, TN 37743 Greeneville, TN 37743 Garland Library, Room 123 Niswonger Commons, Room 222 (423) 636-7300, Ext. 5259 (423) 636-7318 [email protected] [email protected] All reports are acted upon promptly while every effort is made by the University to preserve the privacy of reports. Additionally, all employees who have authority to institute corrective measures on behalf of Tusculum University are designated as mandated reporters and shall share a report with the Title IX Coordinator(s) promptly. Mandatory reporters of potential violations of this policy are positions which students or employees may perceive have authority to address the reported behavior and take action on behalf of the institution (e.g., deans, department chairs, coaches, assistant coaches, supervisors to include work study supervisors, managers, cabinet members, and the President.) Confidentiality and mandated reporting is addressed more specifically below. Reports of misconduct or discrimination committed by the Title IX Coordinator(s) should be reported to the University President, Dr. Scott Hummel, [email protected], (423) 636-7300 ext. 5301. Jurisdiction The Univerisity’s jurisdication over sexual harassment, domestic and dating violence, and stalking includes locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the institution. This policy applies to behaviors that take place on the campus, at Tusuculum University sponsored events and may also apply off-campus and to actions online when the Title IX Coordinators determine that the off-campus conduct affects a substantial University interest (e.g. events that spill over or 08-13-2020 Version 3 impact the educational opportunities of another person associated with Tusculum University). A substantial University interest is defined to include: a) Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state or federal law; b) Any situation where it appears that the respondent may present a danger or threat to the health or safety of self or others; c) Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or d) Any situation that is detrimental to the educational interests of the University. 1. Tusculum University Policy on Nondiscrimination Tusculum University adheres to all federal
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