Section 0240-05-06-.05 - RESPONSE TO COMPLAINTS OF SEXUAL HARASSMENT(1) If APSU has actual knowledge of sexual harassment in an education program or activity committed against a person while in the United States, APSU will respond promptly in a manner that is not deliberately indifferent and follow its grievance process.(2) APSU will treat complainants and respondents equitably by offering supportive measures to a complainant, and in cases where a formal complaint is filed, will follow its grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.(3) The Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant's wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.(4) The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.(5) APSU may remove a respondent from an education program or activity on an emergency basis only after undertaking an individualized safety and risk analysis, determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and providing the respondent with notice and an opportunity to challenge the decision immediately following the removal.(6) APSU may place a non-student employee respondent on administrative leave during the pendency of a grievance process.Tenn. Comp. R. & Regs. 0240-05-06-.05
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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