Sex Discrimination and Sexual Harassment

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TBR Policy Reference: 6.02.00.00

Approved by: President's Cabinet

Original Date Effective: 2020-08-31

Last Modified: 2023-06-12

Purpose

It is the intent of Jackson State Community College (College) to 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). The following policy and procedures are adopted to assist the College in such compliance.

Policy/Guideline

  1. Sex Discrimination
    1. It is the policy of the 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, it shall not discriminate based on sex in the education programs or activities of the College, including health-related training programs.
    2. The College shall ensure that equal opportunity and nondiscrimination exist based on sex for 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. Housing;
      5. Facilities;
      6. Access to course offerings;
      7. Counseling;
      8. Financial assistance;
      9. Employment assistance;
      10. Health and insurance benefits and services;
      11. Rules on marital or parental status; and
      12. Athletics.
  2. In addition, in conjunction with the Equal Employment Opportunity and Affirmative Action Policy, the College ensures that no person, based on sex, is excluded from participation in, denied the benefits of, or subjected to discrimination in employment under any education program or activity.
  3. Nondiscrimination in employment based on 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 rehiring;
      4. Compensation;
      5. Job assignments, classifications, descriptions, lines of progression, and seniority lists;
      6. Leave;
      7. Fringe benefits; and
      8. All other terms, conditions, and privileges of employment.

Sexual Harassment

  1. It is the policy of the College that pursuant to Title IX of the Education Amendments of 1972 and regulations adopted pursuant thereto, it shall not condone sexual harassment of students, applicants for employment, or employees, and the College 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 TBR Guideline P-080.
  3. Procedures
    1. Designation of Title IX Coordinator.
      1. The College designates at least one employee to be the Title IX Coordinator and to coordinate the efforts of the College to comply with the Acts and the Regulations.
      2. The Title IX Coordinator has sufficient time and ability to evaluate the compliance efforts of the College and investigate complaints by employees or students arising under the Acts and the Regulations.
      3. The name of the Title IX Coordinator of the College has been submitted to the Chancellor or designee.
    2. Complaint Procedures.
      1. The College's policy directs reports and complaints of sexual discrimination, including sexual harassment, to the Title IX Coordinator, by mail, telephone, or electronic mail, using the contact information listed for the Title IX Coordinator. Contact information, including name, mailing address, email address, and telephone number, is be posted prominently on the College's website.
    3. Statement and Dissemination of Policy.
      1. The College designates a policy statement reaffirming the fact that it does not discriminate based on sex in the educational programs or activities in which it operates and that it is required by Title IX of the Educational Amendments of 1972, Sections 799 A and 845 of the Public Health Service Act, and 45 C.F.R. Parts 83 and 86 not to discriminate in employment or admission to education programs or activities.
      2. The policy statement includes the name, mailing address, email address, and telephone number of the Title IX Coordinator.
      3. The College adopts specific and continuing measures whereby applicants for admission and employment, students, employees, and sources of referral of applicants for admission and employment will be notified of the policy adopted pursuant to subsection 1. of this item.
      4. In addition, the College includes 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.
    4.  Recordingkeeping.
      1. The Title IX Coordinator retains for a period of seven years the following documents:
        1. For each sexual harassment investigation, whether pursuant to the Sexual Misconduct policy, the Discrimination & Harassment- Complaint & Investigation Procedure, or otherwise:
          1. the investigation file, which includes any record the College 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 facilitating an informal resolution process about their obligations under the Sexual Misconduct Policy, which shall be available on the College'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 College's conclusion that its response was not deliberately indifferent;
          3. any measures taken to restore or preserve equal access to a College education program or activity; and
          4. if the College does not provide a complainant with supportive measures, documentation as to why the College'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).
    5. Self-Evaluation.
      1. The College modifies any policies and practices which do not meet the requirements of Title IX, the Public Health Service Act, or the Regulations issued pursuant thereto, and shall take appropriate remedial steps to eliminate the effects of any discrimination which resulted from such policies and practices, and shall recommend to the President amendment of any state legislation which inhibits compliance with Title IX, the Public Health Service Act, and the Regulations issued pursuant thereto.
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Sources

T.C.A. § 49-8-203; All State and Federal Statutes, Acts, Codes, Rules and Regulations referenced in this policy.