Authorized by President Good Date: September 5, 2018 accountable Division: President Responsible Offices: Institutional Equity and Compliance Responsible Officer: Assistant towards the President for Institutional Equity and Compliance
This policy is used by Middle Tennessee State University (MTSU or University) especially to deal with misconduct, discrimination, and harassment according to sex (hereinafter to incorporate claims according to maternity or orientation/gender that is sexual) as well as the after offenses defined herein: dating physical violence, domestic physical physical violence, intimate assault, and stalking; and, to ascertain procedures for giving an answer to incidents of intimate misconduct, discrimination, and harassment. Intimate harassment and misconduct are types of intimate discrimination forbidden by Title IX and MTSU.
MTSU is invested in eliminating any and all sorts of functions of sexual misconduct, discrimination, and harassment on its campus. An environment clear of such functions is essential to a healthier learning, working, and residing environment because such misconduct, discrimination, and harassment undermine human being dignity additionally the good connection among everybody as of this University. Any allegation of intimate misconduct, discrimination, or harassment, as defined herein, will soon be examined and settled in accordance with this policy. MTSU takes appropriate actions, as required, to avoid the recurrence of intimate misconduct, discrimination, or harassment, also to remedy any effects that are discriminatory.
A. These processes will be used by:
1. Any employee or pupil, including applicants for work or admission as being a pupil, that has been a target of intimate misconduct, discrimination, and/or harassment, no matter intimate orientation or sex identity/expression;
2. Any former worker or pupil that has been a target of intimate misconduct, discrimination, and/or harassment, in the event that conduct were held at that time of work or enrollment at MTSU, as well as the conduct has a fair link with the institution;
3. Any employee or pupil who’s got understanding of a work of intimate misconduct, discrimination, and/or harassment against another worker or student to be able to report such conduct; and,
4. All 3rd parties with who MTSU comes with a educational or business model who’ve been a target of intimate misconduct, discrimination, and/or harassment if the conduct includes a connection that is reasonable the organization.
B. This policy is used particularly to handle the offenses defined herein.
C. This policy pertains to all University programs and tasks, including, although not limited by, intimate misconduct, discrimination, and harassment in athletics, instruction, grading, University housing, and University work. This policy applies to alleged violations that occur on University owned, leased, or perhaps managed home, while taking part in worldwide or distance education programs, and off campus, once the conduct impairs, inhibits, or obstructs any University task or even the objective, procedures, and functions for the University. This policy also relates to any behavior that is off-campus affects a considerable University interest. A university that is substantial interest defined to include:
1. Any situation where a pupil’s conduct may provide a risk or hazard to your wellness or security of other people;
2. Any situation that dramatically impinges upon the legal rights, home, or achievements of other people;
3. Any situation that is harmful towards the academic objective and/or interests associated with the University.
D. In addition, what the law states forbids retaliation against a person for opposing any practices forbidden under this policy, for bringing a grievance of intimate misconduct, discrimination, or harassment, for assisting some body with this kind of problem, for trying to stop such conduct, or for taking part in any way in an investigation or quality of the problem of intimate misconduct, discrimination, or harassment. It really is main to your values for this University that any person that believes she or he might have been the mark of illegal misconduct that is sexual discrimination, or harassment go ahead and report his/her issues for appropriate investigation and reaction, without concern about retaliation or retribution.
This policy shall never be construed or used to limit freedom that is academic nor shall it is construed to restrict constitutionally protected phrase, and even though such phrase can be unpleasant, unpleasant, and even hateful.
E. All the other types of discrimination are strictly forbidden consequently they are susceptible to the procedures described in Policy 26 Discrimination and Harassment considering Protected groups Except that Intercourse.
A. Accuser/Accused and Complainant/Respondent. More often than not, the target of conduct forbidden by this policy may be described as the “accuser” and/or the “complainant” through the process established herein. The” that is“accused typically be described as the “respondent” with this procedure.
B. Consent. A decision that is informed freely offered, made through mutually understandable terms or actions that suggest a willingness to take part in mutually decided sexual intercourse. Consent can’t be provided by somebody who is asleep, unconscious, or mentally or physically incapacitated, either through the consequence of medications or liquor or even for every other explanation, or perhaps is under duress, risk, coercion, or force. Past permission doesn’t indicate consent that is future. Silence or an lack of opposition will not indicate consent. Permission could be withdrawn whenever you want.
C. Dating Violence. T.C.A. § 36-3-601(5)(c). Physical physical Violence against an individual if the accuser and accused are dating, or that have dated, or who possess or possessed a relationship that is sexual. “Dating” and “dated” do not consist of fraternization between two (2) people entirely in a company or non-romantic social context. Violence includes, it is not always restricted to:
1. Inflicting, or wanting to inflict, real damage in the accuser by apart from accidental means;
2. Putting the accuser in anxiety about real damage;
3. Real discipline;
4. Harmful harm to the private home for the accuser, including inflicting, or wanting to inflict, real damage on any animal owned, possessed, leased, kept, or held by the accuser; or,
5. Putting the accuser in anxiety about real problems for any animal owned, possessed, leased, kept, or held by the accuser.
D. Domestic Violence. T.C.A. § 36-3-601.
1. Physical physical Violence against an individual once the accuser and accused:
A. Are present or spouses that are former
B. Real time or have actually resided together as a partner or partner that is intimate
C. Are associated by blood or use;
D. Are related or had been formally associated by wedding; or,
Ag e. Are adult or minor young ones of an individual in a relationship described above.
2. Violence includes, it is definitely not restricted to:
A. Inflicting, or trying to inflict, real damage regarding the accuser by apart from accidental means;
B. Putting the accuser in concern about real damage;
C. Real discipline;
D. Harmful problems for the private home associated with accuser, including inflicting, or wanting to inflict, real damage on any animal owned, possessed, leased, kept, or held by the accuser; or,
Ag ag ag e. Placing the accuser in concern with real problems for any animal owned, possessed, leased, kept, or held by the accuser.
E. Accountable Employee. An MTSU worker who’s got the authority to redress intimate misconduct, discrimination, and/or harassment; that has the job to report incidents of intimate misconduct, discrimination, and/or harassment; or, who a student could reasonably think has this authority or responsibility. See Section V.D.2. For additional information on accountable workers.
F. Retaliation. Action taken against anybody because see your face has compared any methods forbidden under this policy or for the reason that it individual has filed a complaint, testified, assisted, or took part in any way within an investigation or continuing under this policy. This consists of action taken against a bystander whom intervened to end, or attempted to quit, actual or sensed misconduct that is sexual discrimination, or harassment. Retaliation includes intimidating, threatening, coercing, or in in whatever way discriminating against a person due to the complaint that is individual’s involvement. Action is typically deemed retaliatory if it could deter a fair individual in the exact same circumstances from opposing techniques forbidden by this policy.
G. Sexual Assault. The nonconsensual sexual experience of the accuser because of the accused, or the accused by the accuser when force or coercion can be used to complete the work, the intimate contact is achieved without permission for the accuser, and also the accused understands or has explanation to understand during the time of the contact that the accuser failed to or could not consent. Intimate contact includes, it is not restricted to, the deliberate touching associated with the accuser’s, the accused’s, or just about any other person’s intimate components, or the deliberate touching regarding the clothing since the instant part of the accuser’s, the accused’s, or other person’s intimate components, if that deliberate touching is fairly construed to be for the intended purpose of intimate arousal or satisfaction.
H. Intimate Discrimination. Treating people less positively due to their intercourse (including maternity or intimate orientation/gender identity/expression) or having an insurance policy or training that includes a disproportionately adverse impact on protected course people.