A. The Title IX Coordinator is in charge of overseeing all Title IX incidents reported to your University as well as for utilization of this policy, including not limited by, pinpointing and handling any systemic misconduct that is gender-based discrimination, and/or harassment. The Title IX Coordinator’s duties include, but 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 pupils and workers and understanding promotions for present students and workers;
3. Coordination with University Police on issues associated with allegations of intimate misconduct;
4. Coordination and oversight of training for anybody involved with giving an answer to, investigating, or adjudicating misconduct that is sexual discrimination, and/or harassment;
5. Coordination and oversight of training for workers linked to their responsibility when they’re conscious of intimate misconduct, discrimination, and/or harassment;
6. Coordination and oversight of yearly training for detectives, choice manufacturers, hearing officers and hearing committee people from the problems associated with intimate misconduct, discrimination, and/or harassment as well as on how exactly to conduct a study and hearing procedure that protects the security of complainants and encourages accountability; and
7. Going to training that is appropriate on subjects linked 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 help in undertaking any of the obligations associated with applying this policy.
VII. Investigation Demands and Procedures
A. MTSU will conduct a satisfactory, dependable and unbiased investigation in a timely manner, supplying the respondent and complainant equitable liberties through the investigative procedure.
B. All complaints of intimate misconduct, discrimination, and/or harassment will be presented into the Title IX Coordinator or Deputy Title IX Coordinator for research and disposition that is appropriate. The Title IX Coordinator must be informed by always a Deputy Title IX Coordinator associated with the receipt of a grievance.
C. Complaints involving intimate misconduct, discrimination, and/or harassment will soon be examined by the Title IX Coordinator, a Deputy Title IX Coordinator, or an experienced, adequately trained person appointed by the Title IX Coordinator (detective). The Investigator shall get training that either (1) satisfies certain requirements of Title IX of this Education Amendments of 1972 (20 U.S.C. § 1981), the Jeanne Clery Disclosure of Campus protection Policy and Campus Crime Statistics Act (20 U.S.C. § 1092(f)), additionally the federal laws applying those statutes, as amended, or (2) training developed and carried out because of the Tennessee police force Innovation Center for detectives of intimate misconduct allegations.
D. Any office associated with University Counsel (OUC) shall constantly prior be consulted to and through the research. The research is likely to be underneath the way for the OUC, and all sorts of investigatory notes and other papers developed or collected throughout the investigatory procedure shall be lawyer work item.
E. The detective shall also alert 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. Utilizing the voluntary penned consent of both events, casual resolution might be tried in situations alleging violations for this policy. Just before any tried casual quality, both parties shall get complete disclosure associated with the allegations and their choices for a formal quality.
G. Throughout the length of the investigation, MTSU will seek to gather evidence that is sufficient achieve a good and unbiased dedication as to whether intimate discrimination, harassment, or misconduct happened and, in that case, whether a hostile environment happens to be produced that must be redressed.
H. Starting a study
1. Missing good cause, within seven (7) company times of the investigator’s receipt of a study of intimate misconduct, discrimination, and/or harassment, the detective shall alert the complainant and ask for a conference. The detective should offer written notice to your complainant of his/her liberties pertaining to this method prior to the meeting with adequate time for you to get ready for significant involvement.
2. The detective shall make an effort to obtain a written declaration through the complainant which includes information pertaining to the circumstances rise that is giving the complaint, the times of this so-called occurrences, and names of witnesses, if any. The complainant should always be motivated to accomplish a complaint form and submit an in depth written report associated with incident that is alleged. Once the complainant chooses never to offer a written grievance, the investigator will still investigate to your degree feasible and just take action that is appropriate.
3. Both before and throughout the pendency for the investigations, the detective shall talk to the complainant and respondent and considercarefully what, if any, interim measures could be necessary. See Section XIII. Below to learn more linked to interim measures.
4. Complaints made anonymously or by a 3rd party will be examined to your level feasible. Anonymous reports are made online at http: //mtsu.edu/sexual-violence/reporting-form. Php.
5. The investigator shall follow the procedures set forth in this policy to investigate and adjudicate the complaint after consultation with the OUC, if the investigator determines that the complaint contains an allegation of sexual misconduct, discrimination, and/or harassment.
6. Just one individual will be defined as the investigator that is primary an issue. 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 bias or interest for or resistant to 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 associated with the cause for that belief towards the Assistant Vice President for Human Resource Services (HRS). The reason should be submitted within three (3) company times, missing cause that is good of that time period once the celebration knew or need 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 for the Assistant Vice President for HRS will be last.
9. Once the allegation of discrimination or harassment is contrary to the Assistant towards the President for Institutional Equity and Compliance (IE&C), the Assistant Dean of workplace of scholar Conduct, or perhaps the Title VI, Title IX, or ADA/Section 504 Coordinator, the President will determine somebody who happens to be competed in investigating such complaints to analyze the problem and carry out of the duties assigned pursuant to this policy. As soon as the allegation of discrimination or harassment is resistant to the elected President, the Assistant to your 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.