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Sex Discrimination and Sexual Harassment Policy : 8:03:00:00

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I. PURPOSE

It is the intent of Motlow State Community College that the institution shall fully comply with Title IX of the Education Amendments of 1972, Sections 799A and 845 of the Public Health Service Act and Regulations issued pursuant thereto (45 C.F.R. Parts 83 and 86), and Title VII of the Civil Rights Act of 1964 as amended. The following policy and procedures are adopted by the College to facilitate such compliance. The following person has been designated as the Title IX Coordinator and to handle inquires regarding non-discrimination policies: Barbara Scales [email protected], 5002 Motlow College Blvd. Smyrna, TN 37167, 615-220-7976.

II. GENERAL POLICY: SEXUAL DISCRIMINATION / HARASSMENT / MISCONDUCT

  1. Sex Discrimination
    1. It is the policy of Motlow State Community College that, pursuant to Title IX of the Education Amendments of 1972, Sections 799A and 845 of the Public Health Service Act, and Regulations adopted pursuant thereto, and Title VII of the Civil Rights Act of 1964 as amended, no institution shall discriminate on the basis of sex in the education programs or activities of the institution, including health-related training programs or in the terms and benefits affecting employment.
    2. The College shall ensure that equal opportunity and non-discrimination exist on the basis of sex for all persons on the Motlow campus including students in all education programs and activities, including but not limited to, the following:
      1. Recruitment and admission;
      2. Academic, extracurricular, research, occupational training, health- related training and other education programs;
      3. Rules on student life activities;
      4. Facilities;
      5. Access to course offerings;
      6. Counseling;
      7. Financial assistance;
      8. Employment assistance;
      9. Health and insurance benefits and services;
      10. Rules on marital or parental status; and
      11. Athletics.
    3. In addition, in conjunction with TBR Policy No. 5:01:02:00 Equal Employment Opportunity and Affirmative Action, the College shall ensure that no person, on the basis of sex, is excluded from participation in, denied the benefits of, or subjected to discrimination in employment under any education program or activity.
    4. Nondiscrimination in employment on the basis of sex shall include, but not be limited to, the following areas:
      1. Employment criteria;
      2. Recruitment and hiring;
      3. Promotion, tenure, demotion, transfer, layoff, termination, nepotism policies, and re-hiring;
      4. Compensation;
      5. Job assignments, classifications, and descriptions, lines of progression and seniority lists;
      6. Leave;
      7. Fringe benefits; and
      8. All other terms, conditions, and privileges of employment.
  2. Sexual Harassment
    1. It is the policy of Motlow State Community College that pursuant to Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 as amended, and regulations adopted pursuant thereto and Motlow State Community College policy 8:02:00:00 Sexual Misconduct, that the institution shall not condone sexual harassment of students, applicants for employment or employees and/or other persons on the Motlow State Community College campus(es) and shall affirmatively address all allegations of sexual harassment.
    2. Compliance with this policy shall be effectuated through procedures established in accordance with Section III. B. of this policy and Motlow State Community College policy 8:04:00:00 Discrimination & Harassment - Complaint & Investigation Procedure : P-080

III. PROCEDURES

  1. Designation of Title IX/EEO Coordinator
    1. Motlow State Community College designates Barbara Scales, Executive Director of Diversity, Equity, and Inclusion as the Title IX/EEO Coordinator for the College.
      1. The Title IX/EEO Coordinator will be responsible for evaluation of the compliance efforts of the institution, coordinate such efforts, and investigate complaints by employees or students arising under the Acts and the Regulations.
    2. To report complaints or violations of Title IX, Title VII and/or related College policies, all persons including students and employees should contact the Title IX/EEO Coordinator at:

      Barbara Scales
      Executive Director of Diversity, Equity, and Inclusion & Affirmative Action Officer
      5002 Motlow College Blvd
      Smyrna, TN 37167
      (615) 220-7976
      [email protected]
  2. Complaint Procedures
    1. Motlow State Community College will utilize the procedure set forth in College policy 8:04:00:00 Discrimination & Harassment - Complaint & Investigation Procedure : P-080 to address all complaints arising under the Acts or the Regulations.
  3. Statement and Dissemination of Policy
    1. The applicable policies are distributed annually and can be found at:
      1. 8:01:00:00 General Prohibition against Sex Discrimination, Sexual Harassment, and Sexual Misconduct
      2. 8:02:00:00 Sexual Misconduct
      3. 8:04:00:00 Discrimination & Harassment - Complaint & Investigation Procedure : P- 080Discrimination
    2. In addition, Motlow State Community College provides these policies to all employees, students at initial hire, admission, and orientation. In addition, the College will provide information regarding these policies to any other person including prospective students upon request.
    3. The policy statement adopted pursuant to section I. of this item shall be published in the following publications:
      1. The College website
      2. Memoranda or written communications to every student and employee of the institution.
      3. Student and employee handbooks and/or catalogs.
      4. In addition, each institution shall include the policy statement in each announcement, bulletin, catalog, and application form which it makes available to any person herein described, or which is used in connection with the recruitment of students or employees.
      5. Local Newspapers
      6. Newspapers and magazines published by MSCC

IV. RECORDKEEPING

  1. The Title IX Coordinator shall retain for a period of seven years the following documents:
    1. For each sexual harassment investigation, whether pursuant to TBR Board Policy No. 6.03.00.00, Sexual Misconduct; TBR Guideline P-080; or otherwise:
      1. the investigation file. which includes any record an institution creates to investigate an allegation, regardless of later dismissal or other resolution, as well as all information required by applicable policy and guidelines;
      2. any determination regarding responsibility;
      3. any audio or audiovisual recording or transcript
      4. any disciplinary action;
      5. any remedies provided to restore or preserve equal access to an education program or activity;
      6. any appeal and result; and
      7. any informal resolution and result.
    2. All materials used to train Title IX Coordinators, investigators, decision-makers. and any person who facilitates an informal resolution process about their obligations under the Sexual Misconduct Policy, which shall be available on the institution's website.
    3. For each report, whether formal or informal, of sexual misconduct as defined by the Sexual Misconduct Policy, where no investigation was conducted, documentation of:
      1. Records of any actions taken in response, including any interim or supportive measures;
      2. Documentation of the basis for the institution's conclusion that its response was not deliberately indifferent;
      3. Any measures taken to restore or preserve equal access to an institutional education program or activity; and
      4. If MSCC does not provide a complainant with supportive measures, documentation as to why MSCC's response was not clearly unreasonable in light of known circumstances {e.g., the complainant did not wish to receive supportive measures or refused to discuss them with the Title IX Coordinator).

V. SELF-EVALUATION

  1. Motlow State Community College shall submit to the Chancellor of the Tennessee Board of Regents written self-evaluation of its current policies and practices and the effects thereof concerning admission and treatment of students, and employment of academic and non-academic personnel working in connection with the institution's education programs and activities as directed.
  2. From time to time, Motlow State Community College shall modify its policies and practices to comply with the requirements of Title IX, Title VII, the Public Health Service Act, or the Regulations issued pursuant thereto, and will take appropriate remedial steps to eliminate the effects of any discrimination and shall recommend to the Chancellor amendment of any state legislation which inhibits compliance with Title IX, Title VII, the Public Health Service Act, and the Regulations issued pursuant there to.

SOURCES

CORRESPONDING POLICIES

TBR Policy 5:01:02:00; Sex Discrimination, Sexual Harassment or Sexual Misconduct : 6.01.00.00, Sex Discrimination and Sexual Harassment : 6.02.00.00, Sexual Misconduct : 6.03.00.00, TBR Guideline P-080

MSCC Policies: Equal Employment Opportunity and Affirmative Action Policy : 1:08:10:01, General Prohibition Against Sex Discrimination : Sexual Harassment : or Sexual Misconduct : 8:01:00:00, Sexual Misconduct : 8:02:00:00, Discrimination & Harassment - Complaint & Investigation Procedure : P-080 : 8:04:00:00

HISTORY

Leadership Council Replaced by Institutional Oversight Committee (IOC) in 2020

Effective Date/Approved:  September 7, 2021

Revised: October 1, 2014; editorial update July 14, 2016; editorial changes November 15, 2019; August 12, 2020; editorial changes August 5, 2021

President Cabinet: affirms editorial changes September 7, 2021

RESPONSIBLE PARTY

Title IX Coordinator

 

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