A. The Title IX Coordinator accounts for overseeing all Title IX incidents reported into the University as well as utilization of this policy, including not limited by, determining and addressing any systemic misconduct that is gender-based discrimination, and/or harassment. The Title IX Coordinator’s obligations consist of, but they are not restricted to, the immediate following:
1. Research or oversight of investigations of allegations associated with Title IX;
2. Coordination and oversight of academic programs including mandatory training for brand new students and workers and awareness promotions for present pupils and employees;
3. Coordination with University Police on things pertaining to allegations of intimate misconduct;
4. Coordination and oversight of training for anybody tangled up in answering, investigating, or adjudicating misconduct that is sexual discrimination, and/or harassment;
5. Coordination and oversight of training for workers pertaining to their duty when they’re alert to intimate misconduct, discrimination, and/or harassment;
6. Coordination and oversight of yearly training for detectives, choice manufacturers, hearing officers and hearing committee people in the problems associated with intimate misconduct, discrimination, and/or harassment as well as on simple tips to conduct a study and hearing process that protects the security of complainants and encourages accountability; and
7. Attending appropriate training yearly on subjects pertaining to giving an answer to or investigating allegations of intimate misconduct, discrimination, and harassment.
B. The Title IX Coordinator may designate deputies and detectives (designees) to aid in undertaking some of the obligations pertaining to implementing this policy.
VII. Investigation Needs and Procedures
A. MTSU will conduct a sufficient, reliable and unbiased research on time, supplying the respondent and complainant equitable rights throughout the investigative procedure.
B. All complaints of intimate misconduct, discrimination, and/or harassment will be presented towards the Title IX Coordinator or Deputy Title IX Coordinator for research and disposition that is appropriate. The Title IX Coordinator must continually be informed by a Deputy Title IX Coordinator regarding the receipt of a problem.
C. Complaints involving misconduct that is sexual discrimination, and/or harassment should be examined by the Title IX Coordinator, a Deputy Title IX Coordinator, or a professional, adequately trained person appointed by the Title IX Coordinator (detective). The Investigator shall get training that either (1) satisfies certain requirements of Title IX associated with Education Amendments of 1972 (20 U.S.C. § 1981), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. § 1092(f)), together with federal laws applying those statutes, as amended, or (2) training developed and conducted by the Tennessee police force Innovation Center for detectives of sexual misconduct allegations.
D. Work for the University Counsel (OUC) shall constantly prior be consulted to and through the research. The research will likely be beneath the way associated with OUC, and all notes that are investigatory other papers developed or collected through the investigatory procedure shall be lawyer work item.
E. The detective shall additionally inform the President and just about every other coordinator that is appropriatei.e., Title VI or ADA/Section 504) that a study will be initiated.
F. Because of the voluntary penned consent of both events, informal quality might be tried in instances alleging violations for this policy. Just before any tried casual quality, both events shall get complete disclosure associated with the allegations and their choices for a formal quality.
G. Through the length of the research, MTSU will try to gather evidence that is sufficient achieve a good and unbiased dedication as to whether intimate discrimination, harassment, or misconduct took place and, if that’s the case, whether an aggressive environment was produced that must definitely be redressed.
H. Starting a study
1. Missing cause that is good within seven (7) company times of the detective’s receipt of a written report of intimate misconduct, discrimination, and/or harassment, the detective shall inform the complainant and ask for a conference. The detective should offer written notice towards the complainant of his/her legal rights pertaining to this procedure prior to the meeting with adequate time and energy to get ready for meaningful involvement.
2. The detective shall make an effort to get a written declaration through the complainant that features information associated with the circumstances rise that is giving the grievance, the dates associated with so-called occurrences, and names of witnesses, if any. The complainant is motivated to perform a complaint kind and submit an in depth written report of this alleged incident. If the complainant chooses never to supply a written grievance, the detective will nevertheless investigate into the level feasible and just take action that is appropriate.
3. Both before and through the pendency of this investigations, the detective shall check with the complainant and respondent and think about what, if any, interim measures might be necessary. See Section XIII. Below to learn more associated with measures that are interim.
4. Complaints made anonymously or by way of a 3rd party will be examined towards the degree feasible. Anonymous reports could be made online at http: //mtsu.edu/sexual-violence/reporting-form. Php.
5. After assessment using the OUC, in the event that detective determines that the grievance contains an allegation of sexual misconduct, discrimination, and/or harassment, the detective shall proceed with the procedures established in this policy to analyze and adjudicate the issue.
6. Just one individual will probably be recognized as the main detective for a grievance. The investigator that is primary designate investigatory duties with other precisely trained people, as appropriate.
7. Investigations will probably be carried out by officials that do not need a conflict of interest or bias for or from the complainant or respondent.
8. In the event that complainant or respondent thinks the assigned investigator has a conflict of great interest, that party must submit a written description regarding the reason behind that belief into the Assistant Vice President for Human Resource Services (HRS). The reason needs to be submitted within three (3) company times, missing cause that is good of that time period if the celebration knew or needs to have understood the reality that could bring about the so-called conflict of great interest. The Assistant Vice President for HRS will figure out in the event that facts warrant the visit of yet another detective and certainly will answer the celebration written down within three (3) company times, missing good cause. Your choice regarding the Assistant Vice President for HRS will probably be last.
9. As soon as the allegation of discrimination or harassment is up against the Assistant to your President for Institutional Equity and Compliance (IE&C), the Assistant Dean of Office of scholar Conduct, or the Title VI, Title IX, or ADA/Section 504 Coordinator, the President will determine somebody who happens to be been trained in investigating such complaints to research the complaint and carry the responsibilities out assigned pursuant to this policy. Once the allegation of discrimination or harassment is from the President, the Assistant towards the President for IE&C shall alert the Board of Trustees, which shall engage an entity in addition to the University to conduct a study and submit its findings towards the Board of Trustees.