Policy. Tennessee Technological University (TTU) will not tolerate sexual or racial harassment in the academic, residential, or work environment. TTU recognizes that all individuals have the right to study, reside, and work in an environment free from sexual or racial harassment. No individual shall retaliate or discriminate against another individual because of the latter’s filing of a sexual or racial harassment complaint. Any individual who is found to have filed an intentionally false and maliciously made complaint will be subject to appropriate disciplinary action.

These procedures may be utilized by any employee, applicant for employment, or student who believes he/she has been subjected to sexual or racial harassment. Former employees or students may file complaints concerning conduct which took place during the time of employment or enrollment provided the complaint is timely filed and the conduct has a reasonable connection to the institution.

TTU will take measures to periodically educate and train employees regarding conduct that could constitute a violation of this policy. All employees, including faculty members, are expected to participate in such education and training and to be knowledgeable of policies and guidelines concerning harassment.

All faculty members, students, and staff are subject to this policy. Any faculty member, student, or staff member found to have violated this policy by engaging in behavior constituting sexual or racial harassment will be subject to disciplinary action which may include dismissal, expulsion or termination, or other appropriate sanction.

All faculty members, students, and staff, particularly management and supervisory personnel, are responsible for taking reasonable and necessary action to prevent and discourage sexual or racial harassment and are required to promptly report conduct that could be in violation of Tennessee Board of Regents (TBR) and institutional policies and guidelines. Such reporting should occur when information concerning a complaint is received formally or informally.

All faculty and staff members are required to cooperate with investigations of alleged sexual or racial harassment. Failure to cooperate may result in disciplinary action being taken up to and including termination. Students are also required to cooperate with these investigations; failure to do so may result in disciplinary action up to and including expulsion.

The examples listed above are not exclusive, but simply represent types of conduct that may constitute sexual harassment.

Not every act that might be offensive to an individual or a group will be considered harassment. Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurs. Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum.

Please note that sexual assaults may be criminal acts, and as such, investigation and processing by the criminal justice system, local police, campus police, and crisis intervention centers may supersede or occur in addition to the process developed under this policy.

Consensual Relationships. Intimate relationships between supervisors and their subordinates or between faculty members and students are strongly discouraged due to the inherent inequality of power in such situations. These relationships could lead to undue favoritism or the perception of undue favoritism, abuse of power, compromised judgment, or impaired objectivity.

Engaging in a consensual relationship with a student over whom the faculty member has either grading, supervisory, or other evaluative authority (i.e., member of dissertation committee, thesis director, etc.) constitutes a conflict of interest. The faculty member must take steps to remove the conflict by assigning a different supervisor to the student, resigning from the student’s academic committees, or terminating the relationship at least while the student is in his/her class. Likewise, it is a conflict of interest for a supervisor to engage in a consensual relationship with a subordinate over whom he/she has evaluative or supervisory authority. The supervisor must take action to resolve the conflict of interest by, for example, assigning another individual to supervise and/or evaluate the subordinate.

To the extent possible, the investigation will be conducted in such a manner to protect the confidentiality of both parties. However, the Complainant, Respondent, and all individuals interviewed shall be informed that the institution has an obligation to address harassment and that, in order to conduct an effective investigation, complete confidentiality cannot be guaranteed. Information may need to be revealed to the Respondent and to potential witnesses. However, information about the complaint should be shared only with those who have a need to know about it.The Complainant and Respondent shall also be informed that a request to inspect documents made pursuant to the Public Records Act may result in certain documents being released.

A Complainant may be informed that if he/she wants to speak privately and in confidence about harassment, he/she may wish to consult with a social worker, counselor, therapist, or member of the clergy who is permitted, by law, to assure greater confidentiality.

Additionally, the Complainant may be given assurances that measures will be taken against the Respondent should there be retaliation against him/her. Retaliation is prohibited and should be reported to the Investigator immediately.

If informal resolution is unsuccessful, the Investigator shall draft a report summarizing the investigation which shall be sent to Legal Counsel for review. Each report shall outline the basis of the complaint, including the dates of the alleged occurrences, the response of the Respondent, the findings of the Investigator, whether there were any attempts made to resolve the complaint informally, a determination of whether there was a violation of the policy, and recommendations regarding disposition of the complaint.

After review and approval by Legal Counsel, the report shall be submitted to the President within twenty (20) working days following receipt of the complaint. No working papers, statements, etc., generated in the investigation should be attached to the report. In rare situations where more than 20 working days are needed to complete the investigation, for reasons such as difficulty in locating a necessary witness or complexity of the complaint, additional time may be taken, but only following notice to Legal Counsel and written notice to both the Complainant and the Respondent.

After completion of the investigation and any subsequent disciplinary proceedings, all documentation shall be forwarded to Legal Counsel. However, copies of the President's determination, the Investigator's report, the complaint (if it concerns an employee), and documentation of any disciplinary action taken against the Respondent should be placedin a file maintained on campus. This file shall be maintained in a location designated by the President. If such action was taken, copies of documentation establishing disciplinary action taken against the Respondent, whether an employee or student, shall also be maintained in the Respondent's personnel or student record, as appropriate.

Some documents involved in a TBR P-080 or TTU harassment policy matter may be subject to the Public Records Act and thus open to public inspection. Other documents may be protected under FERPA, the attorney/client privilege, or attorney work product and would not be releasable. If a Public Records request is received, Legal Counsel must be consulted prior to the release of any documents.

The Respondent is a student whom the President has determined should be suspended or expelled.

The election of which hearing process to utilize must be in writing, signed by the Respondent, expressly waiving the TUAPA option.

If the Respondent elects to proceed pursuant to the TUAPA, Legal Counsel should be notified immediately.

Discrimination or Other Types of Harassment.

The EEO/AA Officer will receive, review, and investigate complaints of harassment based on sex, race, color, religion, national origin, or other protected status. Other concerns may be addressed in the TTU Affirmative Action and Equal Employment Opportunity Policy, Grievance and Complaint Policy, Academic Freedom and Responsibility, Academic Tenure Policy, Academic Misconduct Policy, Grade Appeals Procedures, Student Conduct and Disciplinary Sanctions, or the TTU Student Handbook. TBR policies and guidelines which may be applicable include Policy 3:02:00:01, Student Conduct and Disciplinary Sanctions; Policy 5:01:02:00, Equal Employment Opportunity, Affirmative Action, Discrimination, and Nepotism; Guideline P-080, Harassment – Sexual or Racial; and Guideline P-110, Employee Grievance/Complaint.