Section 0240-05-06-.02 - DEFINITIONS(1) Actual knowledge: notice of sexual harassment or allegations of sexual harassment to an APSU Title IX Coordinator or any APSU official who has authority to institute corrective measures on behalf of APSU. This definition is not met when the only APSU official with actual knowledge is also the respondent.(2) Complainant: an individual who is alleged to be the victim of conduct that could constitute sexual harassment. Complainant does not mean the Title IX Coordinator when the Title IX Coordinator signs a formal complaint or is not otherwise an alleged victim of sexual harassment. References in this rule to the singular "complainant" include the plural, as applicable.(3) Deliberately indifferent: a response that is clearly unreasonable in light of the known circumstances.(4) Education program or activity: locations, events, or circumstances over which APSU exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by APSU.(5) Formal complaint: a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting APSU investigate the allegation of sexual harassment. As used in this definition, the phrase "document filed by a complainant" means a document or electronic submission that contains the complainant's physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint. Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party.(6) Hearing officer: the person who is the decision-maker with respect to the determination of responsibility after a live hearing. Hearing officer may also mean a committee that is the decision-maker with respect to the determination of responsibility after a live hearing. A hearing officer cannot be the same person(s) as the Title IX Coordinator or the investigator(s).(7) Party: either complainant or respondent. References in this rule to the plural "parties" includes complainant and respondent.(8) Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. References in this rule to the singular "respondent" include the plural, as applicable.(9) Sexual harassment: conduct on the basis of sex that satisfies one (1) or more of the following:(a) An APSU employee conditioning the provision of an aid, benefit, or service of APSU on an individual's participation in unwelcome sexual conduct;(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to APSU's education program or activity; or(c) Sexual assault as defined by federal law, "dating violence" as defined by federal law, "domestic violence" as defined by federal or state law, or "stalking" as defined by federal law.(10) Supportive measures: non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to APSU's education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or APSU's educational environment, or deter sexual harassment. Supportive measures may include but are not limited to counseling, adjustments for assignments or tests, extensions of deadlines or other course-related adjustments, academic support services such as tutoring, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, providing or assisting in providing medical services, arranging a course re-take or withdraw from a class without penalty including ensuring that any changes do not adversely affect the student's academic record, and other similar measures.(11) Title IX Coordinator: the person designated and authorized by APSU to coordinate its efforts to comply with its Title IX responsibilities.Tenn. Comp. R. & Regs. 0240-05-06-.02
Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective 10/19/2021.Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a).
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