Title IX

Title IX of the Education Amendments of 1972 (20 U.S.C. §. 1681) was the first comprehensive law to prohibit sex discrimination against students and employees of educational institutions. It is one of several federal and state anti-discrimination laws that define and ensure equality in education. Sexual harassment and sexual misconduct (including sexual assault, stalking, domestic violence, and dating violence) are forms of sex discrimination and prohibited by Title IX. Tennessee Colleges of Applied Technology are committed to the elimination of any and all sex discrimination, sexual harassment, and sexual misconduct on their campuses and in their education programs and activities.

It is the intent of the Tennessee Board of Regents and Chattanooga State Community College to fully comply with Title IX of the Education Amendments 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 34 CFR §.160.1 , §668.41, §668.46, and Appendix A to Subpart D of Part 668.  

Campus SaVE Act

 

What Should I Do?

How does ChattState/TBR define “sexual harassment” and “sexual misconduct”?

TBR defines “Title IX Sexual Harassment” as conduct on the basis of sex that satisfies either of the following:

  1. An employee of an institution conditioning provision of an aid, benefit, or service of an institution on an individual’s participation in unwelcome sexual conduct (quid pro quo).
  2. Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity (“Reasonable person” means a reasonable person under similar circumstances as and with similar identities to the Complainant.)

The term “sexual misconduct” includes dating violence, domestic violence, sexual assault, and stalking. According to TBR, “sexual assault” is an umbrella term that includes rape, fondling, incest, and statutory rape.

If I am sexually assaulted, what should I do?

You should get to a safe place as soon as possible, and call someone that you trust.  You can also call the local 24/7 Domestic Violence and Sexual Assault Crisis Hotline from Partnership for Families, Children, & Adults:  (423) 755-2700

If you have been raped, go to the hospital to receive treatment to guard against sexually transmitted infections and/or pregnancy.  Do not clean up before going to the hospital, i.e. showering, brushing teeth, changing clothes, etc, because medical staff may need to collect samples for forensic evidence.

For more detailed information: read the policy

What are my options for reporting sexual harassment or sexual misconduct?

All reports of sexual discrimination, harassment, or misconduct should be directed to the campus’ Title IX Coordinator, Mr. Brian Evans. He or his designee will discuss with you:

1) your right to file a formal complaint, and 2) the availability of supportive measures. If you want the College to conduct an investigation and take corrective or disciplinary action in accordance with policy, a written and signed formal complaint is required.

You may report confidentially to Ms. Belinda Smith, a campus counselor in the Student Support Center – IMC-124F, (423) 697-3228, belinda.smith@chattanoogastate.edu

If you report confidentially to Ms. Smith, the Title IX Coordinator will not receive notification about your experience unless you authorize disclosure.  If you are unsure whether you want the College to investigate, you can make a confidential report and still choose to file a formal complaint later.

In emergency situations that threaten your or someone else’s physical safety, call 911 or Campus Police (423) 697-4467.  Campus Police can explain the process of filing criminal charge(s) for occurrences of sexual assault or stalking.

I am a faculty/staff member, and someone in our campus community has reported to me that they have been sexually assaulted or harassed. What should I do?

Per Chattanooga State’s Title IX Policy 12:01:00(D) (General Prohibition Against Discrimination, Harassment and Sexual Misconduct), all students and employees are expected to report instances of sexual discrimination, harassment, misconduct to the campus’ Title IX Coordinator.  [contact info shown in left-hand navigation panel or elsewhere on the page?

If the victim of sexual abuse is age 17 or younger, you are legally mandated to report the allegation to the campus’ Title IX Coordinator since it involves a minor, and you must also make a referral to Tennessee’s Department of Children’s Services – Child Protective Services (CPS) by phone 1-877-54-ABUSE (1-877-542-2873) or online https://apps.tn.gov/carat/

As a student or employee, how should I respond to someone who has told me they’ve experienced sexual harassment or sexual violence?

Listen with compassion, and take their narrative seriously. Familiarize yourself with the reporting options outlined above so you can inform the individual of their choices about how to proceed. Assure the individual that their situation will be handled by campus professionals with sensitivity, discretion, and timeliness. Be sure to let them know about on-campus counseling services available in the Student Support Center (IMC-124; 423-697-4483). If the individual is in serious distress, offer to contact a specific person or resource for them immediately.