Authorized by President Successful Date: September 5, 2018 Responsible Division: President Responsible Offices: Institutional Equity and Compliance Responsible Officer: Assistant towards the President for Institutional Equity and Compliance

I. Function

This policy is used by Middle Tennessee State University (MTSU or University) particularly to handle misconduct, discrimination, and harassment predicated on sex (hereinafter to add claims centered on pregnancy or orientation/gender that is sexual) plus the after offenses defined herein: dating physical physical violence, domestic violence, intimate attack, and stalking; and, to determine 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 important to a healthy learning, working, and residing environment because such misconduct, discrimination, and harassment undermine human being dignity while the positive connection among everyone as of this University. Any allegation of intimate misconduct, discrimination, or harassment, as defined herein, will likely to be resolved and investigated in accordance with this policy. MTSU will require appropriate actions, as required, to avoid the recurrence of intimate misconduct, discrimination, or harassment, also to remedy any discriminatory impacts.

II. Range

A. These processes will probably be employed by:

1. Any employee or pupil, including applicants for work or admission as a pupil, that has been a target of sexual misconduct, discrimination, and/or harassment, no matter sexual orientation or sex identity/expression;

2. Any employee that is former pupil that has been a target of intimate misconduct, discrimination, and/or harassment, if the conduct took place during the time of work or enrollment at MTSU, and also the conduct has an acceptable link with the organization;

3. Any employee or pupil that has understanding of an work of intimate misconduct, discrimination, and/or harassment against another employee or pupil to be able to report conduct that is such and,

4. All 3rd events with who MTSU comes with an academic or method of trading who’ve been a target of intimate misconduct, discrimination, and/or harassment once the conduct has a connection that is reasonable the organization.

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

C. This policy relates to all University programs and tasks, including, however limited by, 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 else managed property, while playing worldwide or distance education programs, and off campus, if the conduct impairs, inhibits, or obstructs any University task or perhaps the objective, procedures, and procedures regarding the University. This policy additionally relates to any behavior that is off-campus affects an amazing University interest. A significant university interest is defined to add:

1. Any situation the place where a pupil’s conduct may provide a risk or hazard to your wellness or security of other people;

2. Any situation that notably impinges upon the liberties, home, or achievements of other people;

3. Any situation this is certainly harmful to your 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 problem of intimate misconduct, discrimination, or harassment, for assisting somebody with this kind of problem, for trying to stop such conduct, or even for playing any way in a study or quality of the grievance of intimate misconduct, discrimination, or harassment. It really is main into the values for this University that any person that thinks she or he might have been the https://www.camsloveaholics.com/female/bigboobs mark of illegal misconduct that is sexual discrimination, or harassment take a moment to report his/her issues for appropriate research and reaction, without concern about retaliation or retribution.

This policy shall never be construed or used to limit educational freedom, 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 other kinds of discrimination will also be strictly prohibited and are usually susceptible to the procedures described in Policy 26 Discrimination and Harassment Based on Protected groups Other Than Intercourse.

III. Definitions

A. Accuser/Accused and Complainant/Respondent. In most instances, the target of conduct forbidden by this policy is likely to be described as the “accuser” and/or the “complainant” throughout the process set forth herein. The “accused” will typically be known as the “respondent” with this procedure.

B. Consent. A decision that is informed freely offered, made through mutually understandable terms or actions that indicate a willingness to be involved in mutually arranged sexual intercourse. Consent can’t be provided by someone who is asleep, unconscious, or mentally or actually incapacitated, either through the consequence of medications or liquor and for virtually any explanation, or perhaps is under duress, danger, coercion, or force. Last permission will not indicate future permission. Silence or a lack of opposition will not imply consent. Permission may be withdrawn whenever you want.

C. Dating Violence. T.C.A. § 36-3-601(5)(c). Physical physical Violence against an individual as soon as the accuser and accused are dating, or who possess dated, or who possess or had a relationship that is sexual. “Dating” and “dated” don’t add fraternization between two (2) people solely in a company or non-romantic context that is social. Violence includes, it is not always limited by:

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

2. Putting the accuser in concern with physical damage;

3. Real discipline;

4. Harmful injury 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 concern about real injury to 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 previous partners;

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

C. Are associated by adoption or blood;

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

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

2. Violence includes, it is definitely not restricted to:

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

B. Putting the accuser in concern with real damage;

C. Real discipline;

D. Harmful problems for the non-public home associated with accuser, including inflicting, or attempting to inflict, real injury on any animal owned, possessed, leased, kept, or held by the accuser; or,

E. Putting the accuser in concern about real problems for any animal owned, possessed, leased, kept, or held by the accuser.

E. Accountable Worker. An MTSU worker who may have the authority to redress misconduct that is sexual discrimination, and/or harassment; who’s the work to report incidents of intimate misconduct, discrimination, and/or harassment; or, whom students could fairly think has this authority or responsibility. See Section V.D.2. For extra information on responsible 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 in a investigation or continuing under this policy. This consists of action taken against a bystander whom intervened to cease, or attempted to get rid of, real or observed intimate misconduct, discrimination, or harassment. Retaliation includes intimidating, threatening, coercing, or perhaps in in whatever way discriminating against a person due to the complaint that is individual’s participation. Action is typically deemed retaliatory if it can deter a person that is reasonable exactly the same circumstances from opposing techniques forbidden by this policy.

G. Intimate Assault. The nonconsensual intimate connection with the accuser by the accused, or the accused by the accuser whenever force or coercion can be used to achieve the act, the intimate contact is achieved without consent associated with accuser, and also the accused knows or has reason to learn during the time of the contact that the accuser didn’t or could not consent. Sexual contact includes, it is not restricted to, the intentional touching associated with accuser’s, the accused’s, or just about any other person’s intimate components, or perhaps the deliberate touching of this clothes within the instant part of the accuser’s, the accused’s, or any other person’s intimate components, if that deliberate touching could be reasonably construed to be for the true purpose of sexual arousal or gratification.

H. Intimate Discrimination. Dealing with people less positively for their intercourse (including maternity or sexual orientation/gender identity/expression) or having an insurance plan or training which has had a disproportionately adverse impact on protected course users.