Sexual Misconduct, Harassment, and Assault

Sexual misconduct and harassment are forms of sexual discrimination prohibited by state and federal law and The Academy of Allied Health Careers.  The Academy is committed to eliminating any and all acts of sexual misconduct, discrimination, and harassment. An environment free from such acts is necessary to a healthy learning atmosphere because such misconduct, discrimination, and harassment undermine human dignity and the positive connection among all people at The Academy. Any allegation of sexual misconduct, discrimination, or harassment will be reviewed according to this policy.  The Academy will take appropriate steps, as needed, to prevent the recurrence of sexual misconduct, discrimination, or harassment and to remedy any discriminatory effects.

Scope

This policy is adopted specifically to address the offenses defined herein, and the procedures set forth in this policy may be utilized by:

1. Any employee or student, including applicants for employment or admission as a student, who has been a victim of sexual misconduct, discrimination, and/or harassment, regardless of sexual orientation or gender identity/expression;
2. Any former employee or student who has been a victim of sexual misconduct, discrimination, and/or harassment, if the conduct took place during the time of employment or enrollment at The Academy and the conduct has a reasonable connection to the institution;
3. Any employee or student who has knowledge of an act of sexual misconduct, discrimination, and/or harassment against another employee or student in order to report such conduct; and,
4. All third parties with whom The Academy has an educational or business relationship who have been a victim of sexual misconduct, discrimination, and/or harassment when the conduct has a reasonable connection to the institution.

This policy applies to all Academy programs and activities, including, but not limited to, sexual misconduct, discrimination, and harassment in instruction, grading, and employment. This policy applies to alleged violations that occur on Academy owned, leased, or otherwise controlled property, while participating in international or distance learning programs, and off campus, when the conduct impairs, interferes with, or obstructs any Academy activity or the mission, processes, and functions of the school. This policy also applies to any off-campus behavior that affects a substantial Academy interest. A substantial Academy interest is defined to include:

1. Any situation where a student’s conduct may present a danger or threat to the health or safety of others;
2. Any situation that significantly impinges upon the rights, property, or achievements of others;
3. Any situation that is detrimental to the educational mission and/or interests of The Academy.

In addition, the law prohibits retaliation against an individual for opposing any practices forbidden under this policy, for bringing a complaint of sexual misconduct, discrimination, or harassment, for assisting someone with such a complaint, for attempting to stop such conduct, or for participating in any manner in an investigation or resolution of a complaint of sexual misconduct, discrimination, or harassment. It is central to the values of The Academy that any individual who believes they may have been the target of unlawful sexual misconduct, discrimination, or harassment feel free to report their concerns for appropriate investigation and response, without fear of retaliation or retribution. Claims of retaliation for engaging in conduct protected by this policy, or other state or federal law pertaining to misconduct, discrimination, or harassment on the basis of sex will be investigated by Academy administration.

This policy shall not be construed or applied to restrict academic freedom, nor shall it be construed to restrict constitutionally protected expression, even though such expression may be offensive, unpleasant, or even hateful.

Definitions

1. Accuser/Accused and Complainant/Respondent. In most cases, the victim of conduct prohibited by this policy will be referred to as the “accuser” and/or the “complainant” during the process set forth herein. The “accused” will typically be referred to as the “respondent” during this process.
   
   
2. Consent. An informed decision, freely given, made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. 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, or is under duress, threat, coercion, or force. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time.
   
   
3. Dating Violence. Violence committed by a person:
   1. who is, or has been, in a social relationship of a romantic or intimate nature with the Complainant; and
   2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
      1. The length of the relationship.
      2. The type of relationship.
      3. The frequency of interaction between the persons involved in the relationship.
         
         
4. Domestic Violence. Violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under the laws of the State of Tennessee, or by any other person against an adult or youth Complainant who is protected from that person's acts under the domestic or family violence laws of the State of Tennessee.
   
   
5. Retaliation. Action taken against any person because that person has opposed any practices forbidden under this policy, or other state or federal law pertaining to misconduct, discrimination, or harassment on the basis of sex, or because that person has filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under such policy or law. This includes action taken against a bystander who intervened to stop, or attempted to stop, actual or perceived sexual misconduct, discrimination, or harassment. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s complaint or participation. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.
   
   
6. Sexual Assault. An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
   1. Forcible Sex Offenses. Any sexual act directed against the Complainant, without the consent of the Complainant including instances where the Complainant is incapable of giving consent. Forcible sex offenses include:
      1. Rape (excluding statutory rape). The carnal knowledge of the Complainant, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
      2. Sodomy. Oral or anal sexual intercourse with the Complainant, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
      3. Sexual Assault with an Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of the Complainant, without the consent of the Complainant including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. An “object” or “instrument” as defined in this section is anything used by the offender other than the offender’s genitalia (e.g., a finger or bottle).
      4. Fondling. The touching of the private body parts of the Complainant for the purpose of sexual gratification, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
   2. Nonforcible Sex Offenses. Nonforcible sex offenses include:
      1. Incest. Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
      2. Statutory Rape. Nonforcible sexual intercourse with a person who is under the statutory age of consent.
         
         
7. Sexual Discrimination. Treating individuals less favorably because of their sex (including pregnancy or sexual orientation/gender identity/expression) or having a policy or practice that has a disproportionately adverse impact on protected class members.
   
   
8. Sexual Exploitation. Engaging in any action that takes nonconsensual or abusive sexual advantage of another person or persons. This activity may be to harm the exploited person, or for the actor’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited; such advantage may include financial gain, sexual arousal/gratification, or other benefit. Examples of such behavior include, but are not limited to: invasion of sexual privacy; recording or broadcasting sexual activity, including redistribution of pictures, video, or audio; engaging in voyeurism; facilitating or allowing voyeurism without the consent of all parties; knowingly exposing another to a sexually transmitted disease; inducing another person or persons to commit an inappropriate sexual act, or; inducing incapacitation in another person with the intent to engage in sexual conduct, regardless of whether prohibited sexual conduct actually occurs.
   
   
9. Sexual Harassment (student-on-student): Pursuant to T.C.A. § 49-7-2406, for purposes of allegations of sexual harassment where both the accused and the accuser are students, sexual harassment is defined as unwelcome conduct directed toward a person on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively bars the accuser’s access to an educational opportunity or benefit.
   
   
10. Sexual Harassment. In all other instances involving allegations of sexual harassment not addressed in H., above, sexual harassment is defined to include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, including sexual assault, where a tangible employment or educational action is conditioned upon submission to or rejection of unwelcome sexual advances, or where conduct is so severe, pervasive, or objectively offensive that the individual is effectively denied equal access to The Academy’s resources and opportunities. Sexual harassment, including sexual assault, can involve persons of the same or opposite sex.
    
    Harassment does not have to include intent to harm, be directed at a specific person or group of people, or involve repeated incidents. Sex-based harassment includes sexual harassment, which is further defined below, and non-sexual harassment based on stereotypical notions of what is female/feminine versus male/masculine or a failure to conform to those gender stereotypes.
    
    
    1. Consistent with the law, this policy prohibits two (2) types of sexual harassment:
       1. Tangible Employment or Educational Action. This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment, or participation in a school activity is conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a school program or activity. Generally, perpetrators will be agents or employees with some authority from The Academy.
          
          
       2. Hostile Environment. A hostile environment based on sex exists when harassment is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to effectively deny or limit a person’s ability to participate in or benefit from The Academy’s programs, services, opportunities, or activities; or harassment that creates a hostile environment (hostile environment harassment) violates this policy. A hostile environment can be created by anyone involved in an Academy program or activity (i.e., administrators, faculty members, students, and even campus guests). Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a single serious incident, such as a sexual assault, even if isolated, can be sufficient.
          
          In determining whether harassment has created a hostile environment, consideration will be given not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered:
          1. The degree to which the conduct affected one or more students’ education or individuals’ employment;
          2. The nature, scope, frequency, duration, and location of the incident or incidents;
          3. The identity, number, and relationships of persons involved; and
          4. The nature of higher education.
             
             
    2. Examples of conduct that might rise to the level of sexual harassment include, but are not limited to, the following:
       1. Refusing to hire, promote, or grant or deny certain privileges because of acceptance or rejection of sexual advances;
       2. Promising a work-related benefit or a grade, or other educational or employment benefit, in return for sexual favors;
       3. Suggestive or inappropriate communications, email, notes, letters, or other written materials displaying objects or pictures, which are sexual in nature, that would create hostile or offensive work, living, or educational environments;
       4. Sexual innuendoes, comments, and remarks about a person’s clothing, body, or activities;
       5. Suggestive or insulting sounds;
       6. Whistling in a suggestive manner;
       7. Humor and jokes about sex that denigrate others on the basis of their sex (including pregnancy or sexual orientation/gender identity/expression);
       8. Sexual propositions, invitations, or pressure for sexual activity;
       9. Use in the classroom of sexual jokes, stories, remarks, or images that are in no way or only marginally relevant to the subject matter of the class;
       10. Implied or overt sexual threats;
       11. Suggestive or obscene gestures;
       12. Patting, pinching, and other inappropriate touching;
       13. Unnecessary touching or brushing against the body;
       14. Attempted or actual kissing or fondling;
       15. Suggestive or inappropriate acts, such as comments, innuendoes, or physical contact based on one’s actual or perceived sexual orientation and/or gender identity/expression;
       16. Graphic or written statements (including the use of cell phones and the internet), or other conduct that may be physically threatening, harmful, or humiliating in a manner related to sex.
           
           
11. Sexual Misconduct. For the purposes of this policy, sexual misconduct is defined as dating violence, domestic violence, stalking, sexual exploitation, and sexual assault.
    
    
12. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
    1. Fear for their safety or the safety of others; or
    2. Suffer substantial emotional distress.

Any person may report conduct in violation of this policy (whether or not the person reporting is the person alleged to be the victim of conduct) in person, by telephone, or by email.  Such a report may be made at any time (including during non-business hours) by using the telephone number or email address listed online.