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Âé¶¹ÊÓÆµ University

Title IX

Title IX Policy Overview

Âé¶¹ÊÓÆµ University is committed to providing a safe and non-discriminatory learning, living, and working environment for all members of the University community (Students, Faculty, and Staff) in a Christ-centered setting resting on the Âé¶¹ÊÓÆµ Community's core values, which are based on Scripture.

A. Scope

Âé¶¹ÊÓÆµ prohibits sex discrimination as defined under Title IX, unless an appropriate religious exemption applies. This Policy governs the conduct of Âé¶¹ÊÓÆµ Students, Faculty, and Staff (non-Faculty employees of Âé¶¹ÊÓÆµ). The Policy applies to Âé¶¹ÊÓÆµ's education programs and activities. This Policy covers any violation of Title IX that discriminates based on sex.

While Âé¶¹ÊÓÆµ is committed to the principles of free inquiry and expression, the discrimination, harassment, and sexual misconduct prohibited by this Policy are neither legally protected expression nor the proper exercise of academic freedom.

B. Statement of Âé¶¹ÊÓÆµ University's Values Related to Title IX

The preamble to Title IX of the Education Amendments of 1972 states that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Âé¶¹ÊÓÆµ prohibits conduct as described in the preamble to Title IX because, except for circumstances when a religious exemption applies, such conduct is inconsistent with and contrary to Âé¶¹ÊÓÆµ's mission and core values. It is Âé¶¹ÊÓÆµ's Policy not to discriminate based on sex as set forth in Title IX, unless an appropriate religious exemption applies. Âé¶¹ÊÓÆµ strictly prohibits retaliation as stated herein.

All violations of prohibited conduct under this Policy will result in discipline, including potential separation from the University. Some forms of prohibited conduct may also violate state and federal laws, and criminal prosecution may occur independently of any disciplinary action Âé¶¹ÊÓÆµ may impose. Âé¶¹ÊÓÆµ prohibits discrimination on the bases of sex in any of its educational or employment programs or activities, and Âé¶¹ÊÓÆµ will not tolerate discrimination or harassment because of sex, unless an appropriate religious exemption applies.

This Policy sets forth the process that Âé¶¹ÊÓÆµ will use to investigate and respond to reports of Prohibited Conduct or violations of this Policy or Title IX. Âé¶¹ÊÓÆµ will respond to reports of alleged violations with measures designed to eliminate the conduct, prevent its recurrence, and remedy any adverse side effect of the conduct of individuals, members of the campus community, or related programs or activities. In addition, Âé¶¹ÊÓÆµ may implement interim measures before the conclusion of an investigation designed to provide the Complainant and/or Respondent with continued access to University programs and activities and protect individual and campus safety.

C. Notice of Non-Discrimination

It is the Policy of Âé¶¹ÊÓÆµ to prohibit unlawful discrimination and harassment against any member of its community based on the individual's sex. As a religious institution, Âé¶¹ÊÓÆµ retains the right to make employment, admission, and education decisions on the basis of its Christ-centered focus and interpretation of Scripture, consistent with its Community and Core Values.

D. Title IX Coordinator

The Title IX Coordinator (or Deputy Title IX Coordinator acting as the Title IX Coordinator's Designee) is responsible for coordinating the University's compliance with Title IX and related provisions of other applicable statutes, such as related provisions of the Clery Act as amended by the Violence Against Women Act (VAWA). The Title IX Coordinator oversees Âé¶¹ÊÓÆµ's response to all reports of Prohibited Conduct to assure consistent application and implementation of this Policy and applicable state and federal law. The responsibilities of the Title IX Coordinator include, but are not limited to:

  • Assist Complainants in identifying the appropriate University Policy or Policies and Procedures for resolution of the allegation in a prompt and equitable manner.
  • Ensure overall Title IX compliance including review of applicable University Policies to ensure institutional compliance with applicable state and federal laws.
  • Oversee the Deputy Title IX Coordinators and other designees as appropriate.
  • Serve as the central clearinghouse for all sexual harassment/sexual misconduct allegations that arise in the Âé¶¹ÊÓÆµ community to assure consistent and equitable application and implementation of all Policies.
  • Coordinate education and prevention efforts including oversight of training for the Âé¶¹ÊÓÆµ community regarding Title IX related provisions of the Clery Act (as amended by VAWA) and prohibited conduct defined in this Policy.
  • Monitor Âé¶¹ÊÓÆµ's administration of its own applicable Policies, including record keeping, adherence to deadlines, and other procedural requirements.
  • Respond to any report regarding conduct that may violate this Policy. The Title IX Coordinator oversees the investigation and resolution of such alleged misconduct, directs the provision of any remedial and protective measures, and monitors the administration of any request for an appeal.
  • Ensure that proper training of those charged with implementation of the Policy, including, but not limited to the Coordinator, Deputy Coordinator, Investigators, Decision Makers, and anyone who facilitates an informal resolution process.
  • Implement any remedies effectively.

The Title IX Coordinator may delegate responsibilities under this Policy to designated administrators or external professionals who have appropriate training or experience.

The contact information for the Title IX Coordinator and Deputy Coordinators are listed in the following section under "Reporting Options."

E. Reporting Options

Âé¶¹ÊÓÆµ expects all faculty, staff, students, and visitors to report potential violations to the Title IX Coordinator or Deputy Coordinators.

Anyone can make a report of an alleged violation as follows:

  1. Option 1: A report may be made online using the , which is available on the Title IX Resource Page on Âé¶¹ÊÓÆµ's website. All reports are automatically forwarded to the Title IX Coordinator and Deputy Coordinators.
  2. Option 2: A report may be made to one of the following individuals in person, by mail, by email, or by phone:
    • Title IX Coordinator: Dr. Michele Atkins
      Assistant Provost for Accreditation and Research
      1050 Âé¶¹ÊÓÆµ University Drive
      Box 1804
      Jackson, Tennessee 38305
      matkins@uu.edu /731-661-5465
    • Title IX Deputy Coordinator: Dr. Bryan Carrier
      Vice President for Student Life
      1050 Âé¶¹ÊÓÆµ University Drive
      Box 1806
      Jackson, Tennessee 38305
      bcarrier@uu.edu/731-661-5090
    • Title IX Deputy Coordinator: Dr. John Carbonell
      Associate Vice President for Human Resources
      1050 Âé¶¹ÊÓÆµ University Drive
      Box 1805
      Jackson, Tennessee 38305
      jcarbonell@uu.edu/731-661-5081

When initiating either option, an individual does not need to know whether they wish to request any particular course of action or how to label what happened. Âé¶¹ÊÓÆµ will provide supportive measures to the Complainant and/or Respondent at no cost. After receiving a report, the Title IX Coordinator will promptly communicate with the Complainant to discuss supportive measures and explain the process for filing a formal complaint.

Title IX complaints under this Policy operate independently of and separate from any other applicable University Policy or discipline or law enforcement investigation.

Emergency medical assistance and campus safety/law enforcement assistance are available both on and off campus. Individuals are encouraged to contact law enforcement and seek medical treatment as soon as possible following an incident that may pose a threat to safety or physical well-being or following a potential criminal offense.

To contact law enforcement:

  • Âé¶¹ÊÓÆµ University Safety and Security: (731) 394-2922
  • Jackson Police Department: (731) 425-8400

To access on-campus medical treatment contact:

  • Âé¶¹ÊÓÆµ University Student Health Services: (731) 661-5284

F. Definitions

For the purposes of this Policy the following terms are defined as:

  1. "Prohibited Conduct"- refers to actions taken in violation of this Policy or Title IX.
  2. "Complainant"- refers to an individual who is alleged to be the victim of Prohibited Conduct, regardless of whether the individual makes a report or seeks disciplinary action.
  3. "Respondent"- refers to an individual who has been reported to be the perpetrator of Prohibited Conduct.
  4. "Witness"- refers to an individual who may have information relevant to a report of Prohibited Conduct. A witness may be a student, staff member, faculty member, or a third party unaffiliated with Âé¶¹ÊÓÆµ.
  5. "Reasonable Person" refers to a reasonable person under similar circumstances and with similar identities to the individual.
  6. "Substantial Emotional Distress" refers to significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling or interfere with one's normal daily activities and relationships.

G. Guiding Principles to Processing Title IX Reports or Complaints

Certain guiding principles apply to the processing of a Title IX report or complaint of Prohibited Conduct under this Policy at Âé¶¹ÊÓÆµ.

  1. Those members of the Âé¶¹ÊÓÆµ community who participate in the Title IX process will be free of any conflict of interest or bias. If a Complainant or Respondent believes the Title IX Coordinator, Investigator, Decision Maker, Advisor, or other member of the Âé¶¹ÊÓÆµ community has a conflict of interest or bias, the Complainant or Respondent should report such to the Title IX Coordinator or one of the Deputy Coordinators. As soon as the potential conflict or bias becomes known, the Title IX Coordinator will make a determination on the validity of the alleged conflict of interest or bias. If the Title IX Coordinator determines the allegations of a conflict of interest or bias are valid, the Coordinator will take steps necessary to resolve the situation. In the event the Title IX Coordinator is alleged to have a conflict of interest or bias, one of the Deputy Coordinators will investigate the alleged conflict of interest or bias and, if appropriate, remediate the situation.
  2. Âé¶¹ÊÓÆµ will provide equitable treatment to the Complainant and Respondent.
  3. Âé¶¹ÊÓÆµ will presume that the Respondent is not responsible for the alleged conduct until a determination is made at the conclusion of the grievance process.
  4. All members of the Âé¶¹ÊÓÆµ community who participate in the process as a Coordinator, Investigator, Decision Maker, Advisor, or other role as sanctioned by Âé¶¹ÊÓÆµ shall receive adequate and unbiased training.
  5. Âé¶¹ÊÓÆµ will process the report or complaint in a reasonably timely manner.
  6. Âé¶¹ÊÓÆµ will not determine a person's credibility based upon that person's status as a Complainant, Respondent, or Witness.
  7. Âé¶¹ÊÓÆµ's investigation of a report or complaint of alleged misconduct will be based on an objective evaluation of the relevant evidence.

H. Retaliation

Âé¶¹ÊÓÆµ prohibits retaliation. Neither Âé¶¹ÊÓÆµ nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this Policy or Title IX.

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or informal or formal complaint of sex discrimination, or sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or its regulations, constitutes retaliation.

If anyone feels that he or she has been retaliated against, the person may file a complaint alleging retaliation in accordance with the grievance procedures herein for sexual harassment.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding as provided for in this Policy does not constitute retaliation prohibited under this Policy. However, a determination regarding responsibility, alone, is insufficient to conclude that a party made a materially false statement in bad faith. For example, if a Complainant files a formal complaint alleging sexual harassment under Title IX and there is a determination at the conclusion of the process that sexual harassment did not occur, that determination alone is insufficient to conclude that the Complainant made a materially false statement in bad faith.

I. Consolidation of Complaints

Âé¶¹ÊÓÆµ may consolidate formal complaints as to the allegations of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

J. Confidentiality

To the extent permitted by law, the confidentiality of all parties involved in the resolution of alleged or suspected violations of this Policy will be observed, provided that it does not interfere with the College's ability to conduct an investigation and take any corrective action deemed appropriate by Âé¶¹ÊÓÆµ.

In some cases, an individual may disclose conduct that would violate this Policy to a non-confidential source but wish to maintain confidentiality or request that no investigation into a particular incident be conducted. Âé¶¹ÊÓÆµ must weigh such requests against the Âé¶¹ÊÓÆµ's obligation to provide a safe, non-discriminatory environment for all members of the Âé¶¹ÊÓÆµ community. Although rare, there are times when Âé¶¹ÊÓÆµ may not be able to honor an individual's request for confidentiality.

The Title IX Coordinator, or designee, is responsible for evaluating requests for confidentiality. When weighing an individual's request for confidentiality or that no investigation or sanction be pursued, the Title IX Coordinator will weigh the totality of the circumstances to determine whether there is a risk of the alleged perpetrator(s) committing additional acts of discrimination, harassment, or sexual misconduct. Examples of such circumstances include, but are not limited to, the following: other complaints about the same alleged perpetrator, a history of prior similar behavior from the alleged perpetrator, a report that the alleged perpetrator threatened further harm, a report that gives reason to believe that the alleged perpetrator may be likely to cause future harm, a report that the incident was committed by multiple perpetrators, or a report that the incident reveals a pattern or perpetration at a given location or by a particular group.

The presence of one or more of the circumstances described above could lead Âé¶¹ÊÓÆµ to investigate and, if appropriate, pursue sanctions pursuant to this Policy despite an individual's request for confidentiality and/or that no investigation be conducted. If Âé¶¹ÊÓÆµ determines that it cannot maintain an individual's confidentiality or uphold a request that the complaint not be investigated, Âé¶¹ÊÓÆµ will inform the individual prior to the start of the investigation and will, to the extent possible, limit the information shared during the grievance process set forth in the Policy.

K. Recordkeeping

Âé¶¹ÊÓÆµ will maintain all required records pursuant to the obligations and time periods prescribed by Title IX and its regulations.

L. Remedies-Based Solutions

Remedies-based solutions are non-adjudication approaches designed to address the behavior of concern without taking disciplinary action against a Respondent. Where the Title IX Coordinator concludes that remedies-based solutions may be effective at stopping the conduct, addressing its effects, and preventing recurrence without a formal investigation and determination of a College policy violation, Âé¶¹ÊÓÆµ will take immediate and corrective action through the imposition of individual and community remedies. Âé¶¹ÊÓÆµ will apply remedies-based solutions in a manner compliant with all applicable state and federal laws and regulations.

Examples of potential remedies may include, but are not limited to:

  1. interim measures,
  2. targeted and/or broad-based training and educational programming for relevant individuals or groups,
  3. communication with the Respondent by the Title IX Coordinator or a University administrator, or
  4. any other remedy that will achieve the goals of the Policy. For example, in some instances, notifying a party that certain actions or language are offensive and requesting that the actions or language stop will heighten awareness and accomplish the objectives of the Policy.

In some circumstances, mediation or joint conflict resolution may also be an appropriate method for remedies-based resolution.

Âé¶¹ÊÓÆµ will not compel a Complainant or Respondent to engage in mediation, to directly communicate with one another, or to participate in any particular form of remedies-based solution. Participation in remedies-based solutions is voluntary, and the parties can request to end their participation in remedies-based solutions at any time. However, the Title IX Coordinator may determine that additional remedies-based steps (e.g., community remedies involving targeted training) are appropriate without the participation of the parties.

M. Amnesty

Âé¶¹ÊÓÆµ encourages and expects Students to abide by Âé¶¹ÊÓÆµ's Policies. Âé¶¹ÊÓÆµ recognizes that students will make independent decisions about their own conduct. Âé¶¹ÊÓÆµ prioritizes the reporting of violations of this sexual harassment Policy and a Complainant, Respondent, or Witness making a report of sexual harassment or other conduct violating this Policy will not be charged with student conduct violations related to the student Policies, regardless of the outcome. Similarly, Âé¶¹ÊÓÆµ will not pursue disciplinary actions against a Complainant, Respondent, or Witness for disclosure of personal consumption of alcohol or other drugs (under age or illegal) when the disclosure is made in connection with a good faith report or investigation of Prohibited Conduct and the personal consumption did not place the health or safety of any other person at risk.

N. Good Samaritan Amnesty Policy

The welfare of students in the Âé¶¹ÊÓÆµ University community is of paramount importance. Âé¶¹ÊÓÆµ University promotes bystander intervention and encourages students to offer help and assistance to others in need. Students should not hesitate to offer assistance to others for fear that they may get in trouble themselves. Âé¶¹ÊÓÆµ University has instituted a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the University will focus on educational responses to those who offer their assistance to others in need, serve as witnesses to an incident, or make a good faith report of alleged misconduct. This policy does not protect students from the consequences associated with Tennessee law. Âé¶¹ÊÓÆµ University encourages members of the campus community who experience or witness any form of sexual misconduct to report the act to the University and/or law enforcement. Under no circumstances will a complainant or witness who makes a report of sexual assault or other prohibited conduct be charged with violating community values, regardless of the outcome. Âé¶¹ÊÓÆµ's desire is to assist the Complainant, to care for individuals in need and to seek justice. Should a student experience severe intoxication or a drug related reaction while attending an event hosted by a University organization, representatives or members of that organization are expected to promptly call for medical assistance. This act of responsibility will mitigate the judicial consequences against the organization resulting from student community value violations that may have occurred at the time of the incident.