Policy 7-02-00-00

Sex Discrimination - Sexual Harassment - Sexual Misconduct

I. General Policy

It is the intent of Nashville State Community College that the College shall fully comply with:

  • Title IX of the Educational Amendment of 1972, §485(f) of the HEA, as amended by §304 of the Violence Against Women Reauthorization Act of 2013, the regulations implementing these Acts found at 34CFR §668.41, §668.46, and Appendix A to Subpart D of Part 668; and
  • Sections 799A and 845 of the Public Health Service Act and Regulations issued pursuant thereto found at 45 CFR Parts 83 and 86.

The policies in this area are adopted to address such compliance. Reference: TBR Policy 6:01:00:00 Sex Discrimination, Sexual Harassment or Sexual Misconduct

II. Definitions

For the purposes of this policy area, the following definitions shall apply:

A. Sex Discrimination is treating someone less favorably because of that person’s sex, sexual orientation or gender identity/expression.

B. Sexual Harassment is conduct based on a person’s sex, sexual orientation or gender identity/expression that:

  1. Adversely affects a term or condition of an individual’s employment, education, participation in an institution’s activities or living environment;
  2. Has the purpose or effect of unreasonably interfering with an individual’s  employment or academic performance or creating an intimidating, hostile, offensive, or abusive environment of the individual; or
  3. Is used as a basis for or a factor in decisions that tangibly affect that individual’s employment, education, or participation in an institution’s activities or living environment.

C. Sexual Misconduct for purposes of this policy area includes dating violence, domestic violence, sexual assault, and stalking as defined in TBR Policy 6:02:00:00 Sex Discrimination and Sexual Harassment.

III. Applicable Policies and Procedures

Complaints of sex discrimination or sexual harassment by or against students, faculty, or staff shall be governed by TBR Policy 6:02:00:00 Sex Discrimination and Sexual Harassment and TBR Guideline P-080 Discrimination & Harassment - Complaint & Investigation Procedure.

Complaints of sexual misconduct shall be governed by TBR Policy 6:03:00:00 Sexual Misconduct.