27 Misconduct, Discrimination, and Harassment Based on Sex Including Pregnancy, Sexual Orientation, and Gender Identity/Expression

Approved by President Good Date: September 5, 2018 Responsible Division: President Responsible Offices: Institutional Equity and Compliance Responsible Officer: Assistant into the President for Institutional Equity and Compliance

I. Function

This policy is used by Middle Tennessee State University (MTSU or University) specifically to deal with misconduct, discrimination, and harassment predicated on sex (hereinafter to incorporate claims according to maternity or intimate orientation/gender identity/expression) plus the after offenses defined herein: dating physical violence, domestic violence, intimate attack, and stalking; and, to ascertain procedures for giving an answer to incidents of intimate misconduct, discrimination, and harassment. Intimate misconduct and harassment are kinds of intimate discrimination forbidden by Title IX and MTSU.

MTSU is invested in eliminating any and all sorts of functions of intimate misconduct, discrimination, and harassment on its campus. An environment clear of such functions is essential up to a learning that is healthy working, and residing atmosphere because such misconduct, discrimination, and harassment undermine individual dignity therefore the good connection among everyone only at that University. Any allegation of intimate misconduct, discrimination, or harassment, as defined herein, may be resolved and investigated in accordance with this policy. MTSU will need appropriate actions, as required, to stop the recurrence of intimate misconduct, discrimination, or harassment, also to remedy any discriminatory impacts.

II. Range

A. These methods will probably be used by:

1. Any worker or pupil, including candidates for work or admission as being a pupil, that has been a victim of intimate misconduct, discrimination, and/or harassment, irrespective of intimate orientation or sex identity/expression;

2. Any employee that is former student that has been a target of intimate misconduct, discrimination, and/or harassment, in the event that conduct were held in the period of work or enrollment at MTSU, while the conduct has a fair link with the organization;

3. Any worker or pupil who has got understanding of an act of intimate misconduct, discrimination, and/or harassment against another worker or pupil so that you can report such conduct; and,

4. All third events with who MTSU posseses an academic or business model who have been a target of intimate misconduct, discrimination, and/or harassment as soon as the conduct has a connection that is reasonable the organization.

B. This policy is adopted particularly to handle the offenses defined herein.

C. This policy relates to all University programs and tasks, including, however restricted to, intimate misconduct, discrimination, and harassment in athletics, instruction, grading, University housing, and University work. This policy applies to alleged violations that happen on University owned, leased, or perhaps managed home, while taking part in worldwide or distance education programs, and off campus, as soon as the conduct impairs, inhibits, or obstructs any University task or the mission, procedures, and functions regarding the University. This policy additionally relates to any behavior that is off-campus affects a considerable University interest. A substantial university interest is defined to add:

1. Any situation the place where a pupil’s conduct may provide a danger or danger into the wellness or security of other people;

2. Any situation that somewhat 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 methods forbidden under this policy, for bringing a issue of intimate misconduct, discrimination, or harassment, for assisting some one with this kind of grievance, for trying to stop conduct that is such or even for taking part in any way in a study or quality of a problem of intimate misconduct, discrimination, or harassment. It really is main towards the values of the University that any individual that believes he or she might have been the goal of illegal misconduct that is sexual discrimination, or harassment go ahead and report his/her issues for appropriate investigation and reaction, without anxiety about retaliation or retribution.

This policy shall never be construed or applied to limit freedom that is academic nor shall it is construed to restrict constitutionally protected phrase, despite the fact that such phrase can be offensive, unpleasant, as well as hateful.

E. All the kinds of discrimination will also be strictly forbidden and tend to be susceptible to the procedures described in Policy 26 Discrimination and Harassment considering Protected groups Other versus Intercourse.

III. Definitions

A. Accuser/Accused and Complainant/Respondent. The victim of conduct prohibited by this policy will be referred to as the “accuser” and/or the “complainant” during the process set forth herein in most cases. The “accused” will typically be known as the “respondent” in this procedure.

B. Consent. The best choice, freely offered, made through mutually understandable terms or actions that suggest a willingness to be involved in mutually decided sexual intercourse. Consent can’t be provided by a person who is asleep, unconscious, or mentally or actually incapacitated, either through the end result of medications or liquor or even for any kind of explanation, or is under duress, risk, coercion, or force. Past permission will not indicate future permission. Silence or an lack of opposition will not imply consent. Consent could be withdrawn whenever you want.

C. Dating Violence. T.C.A. § 36-3-601(5)(c). Physical Violence against an individual if the accuser and accused are dating, or that have dated, or who possess or had a relationship that is sexual. “Dating” and “dated” don’t add fraternization between two (2) people entirely in a company or non-romantic context that is social. Violence includes, but is definitely not restricted to:

1. Inflicting, or wanting to inflict, real damage regarding the accuser by aside from accidental means;

2. Putting the accuser in concern about real damage;

3. Real discipline;

4. Harmful harm to the non-public 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 concern with real problems for any animal owned, possessed, leased, kept, or held by the accuser.

D. Domestic Violence. T.C.A. § 36-3-601.

1. Violence against an individual once the accuser and accused:

A. Are present or previous partners;

B. Real time or have resided together as being a partner or partner that is intimate

C. Are associated by blood or use;

D. Are associated or were formally associated by wedding; or,

Ag ag ag e. Are adult or small kids of an individual in a relationship described above.

2. Violence includes, it is definitely not limited by:

A. Inflicting, or trying to inflict, physical damage in the accuser by apart from accidental means;

B. Putting the accuser in concern with real harm;

C. Real discipline;

D. Harmful problems for the non-public home for the accuser, including inflicting, or wanting to inflict, physical damage on any animal owned, possessed, leased, kept, or held by the accuser; or,

Ag ag e. Placing the accuser in concern with real injury to any animal owned, possessed, leased, kept, or held by the accuser.

E. Accountable Employee. An MTSU worker that has the authority to redress misconduct that is sexual discrimination, and/or harassment; who has got the work to report incidents of intimate misconduct, discrimination, and/or harassment; or, who a student could fairly think has this authority or responsibility. See Section V.D.2. For extra information on accountable workers.

F. Retaliation. Action taken against anybody because that individual 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 who intervened to prevent, or attempted to end, real or recognized intimate misconduct, discrimination, or harassment. Retaliation includes intimidating, threatening, coercing, or in in any manner discriminating against a person due to the individual’s complaint or involvement. Action is normally deemed retaliatory if it might deter a person that is reasonable the exact same circumstances from opposing techniques prohibited by this policy.

G. Intimate Assault. The nonconsensual intimate experience of the accuser because of the accused, or even the accused because of the accuser whenever force or coercion can be used to achieve the work, the intimate contact is achieved without permission associated with the accuser, as well as the accused understands or has explanation to learn at the time of the contact that the accuser would not or could not consent. Intimate contact includes, it is not limited to, the deliberate touching associated with accuser’s, the accused’s, or just about any other person’s intimate components, or the deliberate touching associated with clothes within the instant section of the accuser’s, the accused’s, or other person’s intimate components, if that deliberate touching could be fairly construed as being for the true purpose of intimate arousal or satisfaction.

H. Intimate Discrimination. Dealing with people less positively due to their intercourse (including maternity or intimate orientation/gender identity/expression) or having a policy or training which have a disproportionately adverse impact on protected course users.