Policy 2:02:10:01

Subject: Sex Discrimination and Sexual Harassment

A. Introduction

It is the intent of the Tennessee Board of Regents that the institutions and  Tennessee Technology Centers under its jurisdiction shall fully comply with Title IX of the Education Amendments of 1972, Sections 799A and 845 of the Public Health Service Act and Regulations issued pursuant thereto (45 C.F.R. Parts 83 and 86). The following policy and procedures are adopted by the Board to assist the institutions and technology centers in such compliance.

B. Policy

1.  Sex Discrimination

It is the policy of the Tennessee Board of Regents that, pursuant to Title IX of the Education Amendments of 1972, Sections 799A and 845 of the Public Health Service Act, and Regulations adopted pursuant thereto, no institution or technology center shall discriminate on the basis of sex in the education programs or activities of the institution or technology center, including health-related training programs. Institutions and  technology centers shall ensure that equal opportunity and nondiscrimination exist on the basis of sex for students in all education programs and activities, including but not limited to, the following: (1) recruitment and admission; (2) academic, extracurricular, research, occupational training, health-related training, and other education programs; (3) rules on student life activities; (4) housing; (5) facilities; (6) access to course offerings; (7) counseling; (8) financial assistance; (9) employment assistance; (10) health and insurance benefits and services; (11) rules on marital or parental status; and (12) athletics. In addition, in conjunction with Board Policy No. 5:01:02:00, each institution and  technology  center shall ensure that no person, on the basis of sex, is excluded from participation in, denied the benefits of, or subjected to discrimination in employment under any education program or activity. Nondiscrimination in employment on the basis of sex shall include, but not be limited to, the following areas: (1) employment criteria; (2) recruitment and hiring; (3) promotion, tenure, demotion, transfer, layoff, termination, nepotism policies, and rehiring; (4) compensation; (5) job assignments, classifications, and descriptions, lines of progression and seniority lists; (6) leave; (7) fringe benefits; and (8) all other terms, conditions, and privileges of employment.

2. Sexual Harassment

It is the policy of the Tennessee Board of Regents that pursuant to Title IX of the Education Amendments of 1972 and regulations adopted pursuant thereto, no institution or technology center shall condone sexual harassment of students, applicants for employment or employees and each institution and technology center shall affirmatively address all allegations of sexual harassment. Compliance with this policy shall be effectuated through procedures established in accordance with Section C.2 of this policy and Guideline P-080.

C. Procedures

1. Designation of Responsible Employee. Each institution and technology center shall designate at least one employee who will coordinate the efforts of the institution or technology center to comply with the Acts and the Regulations. The designated employee or employees should have sufficient time and ability to evaluate the compliance efforts of the institution technology center, coordinate such efforts, and investigate complaints by employees or students arising under the Acts and the Regulations. The names of the designated employee or employees of each institution and technology center should be submitted to the Chancellor.

2.  Complaint Procedures.  Students and employees shall utilize the complaint and investigation procedure set forth in TBR Guideline P-080 Discrimination and Harassment – Complaint and Investigation Procedure (or the institution’s corresponding policy) when filing complaints arising under the Acts or the Regulations.  

3. Statement and Dissemination of Policy. (a) Each institution and technology center shall designate a policy statement reaffirming the fact that it does not discriminate on the basis of sex in the educational programs or activities which it operates and that it is required by Title IX of the Educational Amendments of 1972, Sections 799A and 845 of the Public Health Service Act, and 45 C.F.R. Parts 83 and 86 not to discriminate in employment in or admission to education programs or activities. The policy statement shall include the name and address of the employee or employees designated pursuant to Item 1, to whom inquiries concerning the application of the above Acts or the Regulations adopted pursuant thereto may be directed and (b) each institution and  technology center shall adopt specific and continuing measures whereby applicants for admission and employment, students, employees, and sources of referral of applicants for admission and employment will be notified of the policy adopted pursuant to section (a) of this item. The policy statement adopted pursuant to section (a) of this item shall be published in the following publications: (1) local newspapers; (2) newspapers and magazines operated by the institution or  technology center or by student or alumni groups; and (3) memoranda or written communications to every student and employee of the institution or technology center.

In addition, each institution and technology center shall include the policy statement in each announcement, bulletin, catalog, and application form which it makes available to any person herein described, or which is used in connection with the recruitment of students or employees.

4. Self-Evaluation. Each institution and  technology center shall submit to the Chancellor a written self-evaluation of its current policies and practices and the effects thereof concerning admission and treatment of students, and employment of academic and non-academic personnel working in connection with the institution's or  technology center’s education programs and activities. Each institution and  technology center shall modify any policies and practices which do not meet the requirements of Title IX, the Public Health Service Act, or the Regulations issued pursuant thereto, shall take appropriate remedial steps to eliminate the effects of any discrimination which resulted from such policies and practices, and shall recommend to the Chancellor amendment of any state legislation which inhibits compliance with Title IX, the Public Health Service Act, and the Regulations issued pursuant thereto.

Source: TBR Meetings, October 17, 1975; September 30, 1983; December 14, 1984; March 28, 2008; June 19, 2009 to take effect on July 1, 2009.