Title IX

• Prohibited Conduct includes (1) Sexual Harassment, including Sexual Assault (Rape,  Fondling, Incest, Statutory Rape), Dating Violence, Domestic Violence, and Stalking; (2) Sexual Exploitation; and (3) Retaliation.
• To report Prohibited Conduct to the University, please contact the Title IX Coordinator.

Sarah Catherine Richardson

Director of Student Life 
Student Life House 
420 W. Madison Street 
Pulaski, TN 38478 
931-424-4073 
scrich@utsouthern.edu

• To view the University of Tennessee Southern’s Title IX Policy for 2022-23, effective August 12, 2022, please click here.
• See below for some helpful definitions from the Title IX Policy:

• Prohibited Conduct – Sexual Harassment (including Sexual Assault, Domestic Violence, Dating Violence, and Stalking), Sexual Exploitation, and Retaliation
• Sexual Harassment – conduct on the basis of sex that satisfies one or more of the following: (1)An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; (2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or (3) Sexual Assault, Dating Violence, Domestic Violence, and/or Stalking.

• Sexual Assault – an umbrella term for any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual Assault includes Rape, Fondling, Incest, and Statutory Rape.
• Rape – the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
• Fondling – the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
• Incest – sexual intercourse between persons who are related to each other within degrees wherein marriage is prohibited by law.
• Statutory Rape – sexual intercourse with a person who is under the statutory age of consent.
• Dating Violence – violence committed by a person (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i)The length of the relationship, (ii) The type of relationship, (iii)The frequency of interaction between the persons involved in the relationship.

• Domestic Violence – felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime occurs, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime occurs.
• Stalking – engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

• Sexual Exploitation – taking sexual advantage of another person, without that person’s active agreement. An active agreement is words and/or conduct that communicate a person’s willingness to participate in an act. A person cannot actively agree to an act if: (1) the person is Incapacitated, if either the person claiming to have obtained the other person’s active agreement knows that the other person is Incapacitated or a Reasonable Person would know that the other person is Incapacitated; or (2) the person is Forced to act or participate in an activity.
• Retaliation – to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.
• Consent – an active agreement to participate in a sexual act. An active agreement is words and/or conduct that communicate a person’s willingness to participate in a sexual act. (See below for more.)

To submit a report regarding sexual discrimination, harassment, or misconduct, please click here.

The Office of Title IX at the University of Tennessee Southern seeks to provide a working, learning, and living environment free of sexual harassment, and to do so with transparency. Please review the Title IX Annual Report below for information on reported incidents of Prohibited Conduct, as well staffing, training, and education efforts.

Click here to download the 2022 Title IX Annual Report.

Click here to download the 2021 Title IX Annual Report.

The University defines consent as the positive, unambiguous, and voluntary agreement to engage in specific sexual activity throughout a sexual encounter.

Consent must be an informed decision, freely given made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. A clear “yes,” verbal or otherwise, is necessary.

When “no” to a form of sexual activity is communicated by word or action, that sexual activity must cease immediately, but Consent cannot be inferred merely from the absence of a “no.” 

Consent to some sexual acts does not constitute Consent to others, nor does past Consent to a given act constitute present or future Consent. Consent must be ongoing throughout a sexual encounter and can be revoked by any participant at any time. 

Consent cannot be given by an individual who is asleep, unconscious, or mentally or physically Incapacitated, either through the effect of drugs or alcohol or for any other reason. Engaging in sexual activity with a person whom you know—or reasonably should know —to be Incapacitated constitutes Sexual Harassment. Effective Consent is deemed withdrawn at any point during sexual activity when an individual knows or reasonably should know that the other person has become or is Incapacitated.

All parties should be reminded that faculty and staff members are prohibited from engaging in a consensual relationship (romantic or sexual) with a College student.

To view additional guidance offered by the University in regards to Consent, click here.

While any person can serve as an Advisor to a Complainant or Respondent in the Title IX process, UT Southern has trained Advisors who are familiar with our procedures and policy. Contact our office for assistance in finding an Advisor, or for guidance and procedures regarding Advisors.

Safe Place

Immediately go to a safe place. This may be a friend’s room, UT Southern Campus Security, the Pulaski police department, the hospital, or another place where you feel safe and are safe from harm.

Call Someone

Call someone to be with you. Call a friend, a family member, or someone else you can trust to be with you. You can call UT Southern Campus Security at 931-309-7502. You may also call the National Sexual Assault Hotline (https://www.rainn.org/) at 1-800-656-HOPE (4673), or the National Domestic Violence Hotline (https://www.thehotline.org/help/) at 1-800-799-SAFE (7233).

Preserve Physical Evidence

In cases of assault or rape, preserve physical evidence when possible. Do not shower, bathe, douche, or otherwise clean yourself. If possible, do not urinate. Do not eat, drink liquids, smoke, or brush your teeth if oral contact took place. If you must change your clothes, save all clothing you were wearing at the time of the assault. If you have changed your clothes, place the clothing in a paper bag (plastic may destroy important evidence). Do not disturb anything in the area where the assault occurred.

Get Medical Attention

 Physical safety and medical attention are of primary importance. You could be physically injured, become pregnant, or have been exposed to a sexually transmitted disease. Medical attention is available at Southern Tennessee Regional Health System in Pulaski (1265 East College Street, Pulaski, TN 38478 – 931-363-7531). If done promptly, a medical examination can obtain important evidence should you decide to prosecute.

Write down as much as you can remember about the assailant and the assault.

See ‘Resources’ below for more information.

Seek Emotional Support

Whether or not you report the assault or prosecute, a trained counselor can help you with the emotional trauma of an assault. Confidential emergency and follow-up counseling are available through UT Southern Counseling Services (931-424-7338) and through national hotlines such as the National Sexual Assault Hotline (1-800-656-HOPE), or the National Domestic Violence Hotline (1-800-799-SAFE).

See ‘Resources’ below for more information.

Help is available for persons who experience Prohibited Conduct.

• Free, confidential counseling: Contact Desiree Stone at 844-986-6946 (text).
• Free, confidential counseling and support services: Contact Center of Hope at 931-381-8580 (call).
• Additional resources are available here.

The University always encourages persons who have experienced, or have questions about, Prohibited Conduct to reach out to the Title IX Coordinator. We can answer questions, implement Supportive Measures, connect you to resources, and help you figure out the next right step.

The University of Tennessee Southern is committed to supporting an environment in which students, staff, and faculty can fully participate in our campus community, while free from Prohibited Conduct, including retaliation. The Office of Title IX uses the guiding principles below of the Association of American Universities to address sexual misconduct in all forms, including sexual and gender-based harassment and related retaliation:

1. Foster a climate and culture where Prohibited Conduct is unacceptable, and implement policies and practices aimed to support a harassment-free learning, living and working environment for all members of the campus community; 
2. Educate our campus community about, and elevate the importance of, institutional values, policies, and expectations of individual behavior, including how to report sexual misconduct and how to support fellow community members who have experienced Prohibited Conduct;
3. Provide support and remove barriers for all of those who report, making certain to have resources directed toward those in groups who most often experience Prohibited Conduct;
4. Address reports of Prohibited Conduct in a manner that is consistent with UT Southern’s respectful, ethical, appropriately thorough, and timely process;
5. Hold accountable, in a fair and equitable manner, those students, faculty, staff, and administrators at all levels who are found responsible for such violations;
6. To the extent possible, complete all investigations into Prohibited Conduct, notwithstanding the departure of the respondent from the institution.

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Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 are
federal anti-discrimination laws.

Both Title VII and Title IX prohibit sex-based discrimination. Together, these laws prohibit:
▪ Treating similarly-situated people differently based on sex (gender);
▪ Providing different aids, benefits, or services based on sex (gender);
▪ Making rules that treat individuals differently based on parental or pregnancy status;
▪ Failing to adequately respond to sexual harassment (including quid pro quo and hostile
environment sexual harassment).

While both Title VII and Title IX prohibit sex-based discrimination, there are differences in their scope and applicability. There is no expectation for campus community members to develop expertise in whether their concerns fall under Title VII or Title IX. The Title IX Coordinator is available to receive discrimination complaints and to ensure that allegations are reviewed under the appropriate policy.

This guide may help differentiate between Title VII and Title IX.

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Title IX specifically prohibits discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Additionally, Title IX regulation protects students in all of the academic, educational, extracurricular, athletic, and other programs or activities of schools. This includes prohibiting discrimination against pregnant and parenting students.

The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
An employer may not terminate, deny assignments to, or deny promotions to an employee because of her pregnancy, childbirth, or related medical conditions. A pregnant employee must be permitted to do her job for as long as she is capable of performing the job.

Click here to review UT Southern’s Pregnancy Resources for employees and for students. Click here to review the U.S. Department of Education’s October 2022 Resource Sheet for Pregnancy & Related Conditions. Contact us regarding pregnancy accommodations:

• Human Resources: jhlubb@uitsouthern.edu | 931.424.7379
• Title IX: scrich@utsouthern.edu | 931.424.4073
• Academic Accommodations: jbcheat@utsouthern.edu | 931.363.9823

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To complete an anonymous educational program for Sexual Violence Prevention, please click here.

To receive credit for completion of the program, complete the Electronic Verification of Completion at the end of the program’s feedback pages.

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 The NCAA website states, “Title IX requires the equal treatment of female and male student-athletes in the provisions of:

• equipment and supplies
• scheduling of games and practice times
• travel and daily allowance/per diem
• access to tutoring 
• coaching
• locker rooms, practice and competitive facilities
• medical and training facilities and services
• housing and dining facilities and services
• publicity and promotions
• support services
• recruitment of student-athletes.”

While Title IX is mostly discussed in terms of athletics, it actually applies to all aspects of education. This video from Amy Trask of “We Need to Talk” should help explain the scope.

-Shanna McCarriston, Title IX 50th Anniversary, CBS Sports. March 4, 2022.

Title IX Personnel Trainings

As per the U.S. Department of Education Title IX Final Rule (2020) and the University of Tennessee Southern Title IX Policy (Sections III.P.1.h; VII.G; IX.A.3.b), all personnel involved in Title IX procedures at UT Southern have been properly trained. Following is a combination of actual materials and lists of proprietary training materials. Proprietary training materials which the University does not have the right to publish will be indicated with ^P and are detailed below.

2022

UT System-Wide Training

UT Southern’s Title IX Team members completed University of Tennessee System-Wide Training in 2022, which was facilitated, following a competitive bid process, by Grand River Solutions on August 8-9, 2022. Team members included the Title IX Coordinator, Decision Makers (including appellate decision makers), investigators, personnel who offer support throughout the Title IX process, and supervisors of the aforementioned. Materials are available here. Team members also completed institutional mandatory reporter trainings via K@TE; materials are available upon request from the Title IX Coordinator.

Additional Trainings for Title IX Coordinator

• TN Sexual Assault Center Annual Statewide Training
  • June 14-16, 2022
• 2022 National Discussion on Sexual Assault and Sexual Harassment at America’s Colleges, Universities and Service Academies
  • April 6, 2022
• NASPA Strategies Conference: Sexual Violence Prevention & Response
  (Boston, MA)
  • January 13-15, 2022

2021

UT System-Wide Training

UT Southern’s Title IX Team members completed University of Tennessee System-Wide Training in 2021, which, due to the consistency of Title IX Regulations, was originally facilitated by Grand River in 2020. Team members included the Title IX Coordinator, Decision Makers (including appellate decision makers), investigators, personnel who offer support throughout the Title IX process, and supervisors of the aforementioned. Materials are available at the following links: Day 1 Training Materials | Day 2 Training Materials

Training addressed the following required elements of the 2020 Title IX Regulations:

1. The definitions of Prohibited Conduct included in the University’s Policy;
2. The scope of the University’s education program or activity;
3. How to conduct the grievance process outlined in the Policy and Appendices (including investigations, hearings, appeals, and informal resolution processes);
4. How to serve impartially (including avoiding conflicts of interest, personal biases, and prejudgment of the facts of a matter); and
5. How to evaluate relevance for evidence, relevance questions in the hearing, and drafting investigative reports that fairly summarize the evidence.

The team also participated in the UT System-Wide Title IX Training & Table Top Exercise on August 10, 2021, and completed institutional mandatory reporter trainings via K@TE. These materials are available upon request from the Title IX Coordinator.

Additional Trainings for Title IX Coordinator

• NASPA Title IX Certificate Program: Informal Resolution^P
  • Completed October 25, 2021
• NACCOP VAWA Adjudicator Training^P
  • Completed October 18, 2021
• NASPA Title IX Certificate Program: Title IX Coordinator^P
  • Completed October 13, 2021
• ICS 2020 Review
  • Completed January 28, 2021

Previous Trainings

Title IX Coordinator

• Institutional Compliance Solutions (ICS) Certified Investigator Training
  Completed June 24, 2020 
• Institutional Compliance Solutions (ICS) Certified Adjudicator/Decision Maker Training, Level 1 and Level 2
  Completed June 18, 2020
• NACUA Title IX Coordinator Training^P 
  Completed October 31, 2019

Investigators

Daniel McMasters

• Institutional Compliance Solutions (ICS) Certified Adjudicator/Decision Maker Training, Level 1
  Completed June 12, 2020

• NACUA Title IX Coordinator Training^P                                       
  Completed October 31, 2019

Josie Brown

• Institutional Compliance Solutions (ICS) Certified Investigator Training
  Completed June 24, 2020
• NACCOP Clery & CSA Instructors Course^P                                           
  Completed March 9, 2020
• TN Public Safety Network Critical Incident Training in Sex Crimes
  Completed May 10, 2018 
• Southern Police Institute Sex Crimes Investigation Training^P               
  Completed May 19, 2017                 
• TN Criminal Investigator Training^P                                                            
  Completed August 5, 2016
• TN Law Enforcement Training Academy^P                                               
  Completed August 2014

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