Tennessee Wesleyan University is an Equal Opportunity Employer committed to creating and maintaining a learning and working environment that is free from unlawful discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act, Clery Act, and the Violence Against Women Act (VAWA). Sexual Harassment and Retaliation under this Policy will not be tolerated by TWU and is grounds for disciplinary action, up to and including, permanent dismissal from TWU and/or termination of employment.

TWU takes all reported sexual misconduct and harassment seriously. TWU will promptly discipline any individuals within its control who are found responsible for violating this Policy. Additionally, reported sexual misconduct and harassment that does not meet the definitions and jurisdiction of this Policy will be referred for review to the Vice President for Student Life if allegedly committed by a student or the Director of Human Resources if allegedly committed by an employee under the respective Code of Conduct in compliance with VAWA and Clery Act as listed in the Student Handbook and the TWU Employee Handbook.

This Policy applies to students and employees as follows:

To Students: Where the Respondent is a student at TWU at the time of the alleged conduct, the alleged conduct includes Sexual Harassment under this Policy, the alleged conduct occurs in TWU’s Education Program and Activity, the alleged conduct occurs against a person in the United States, and the Complainant is participating in or attempting to participate in TWU’s Education Program or Activity.

To Employees: Where the Respondent is an employee at TWU at the time of the alleged conduct, where the alleged conduct includes Sexual Harassment under this Policy, the alleged conduct occurs in TWU’s Education Program and Activity, the alleged conduct occurs against a person in the United States, and the Complainant is participating in or attempting to participate in TWU’s Education Program or Activity.

TWU will use University electronic mail (email) for purposes of communication and notification under this policy.

Freedom of speech and principles of academic freedom are central to the mission of institutions of higher education. Constitutionally protected expression cannot be considered Sexual Harassment under this Policy.

This Policy will be made available to all TWU administrators, faculty, staff, and students on the Campus Safety page and in TWU student handbook and any employee handbook of operating procedures.

Neither TWU nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or 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 under this Policy.

a. Alleged violations of Retaliation will be referred to the Chief Title IX Officer to be investigated and resolved under the respective Code of Conduct.

b. The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this Policy.

c. Charging an individual with a Code of Conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy does not constitute Retaliation prohibited under Policy. However, a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

Reporting Sexual Harassment is encouraged at TWU. Thus, it is imperative that Complainants and witnesses share information without fear of potential consequences for minor policy violations including, but not limited to, underage consumption of alcohol or the use of illicit drugs. TWU offers parties and witnesses amnesty from such minor violations but may include educational opportunities for individuals in lieu of a finding of responsibility or punitive sanctions.