Annual Security Report

The Jeanne Clery disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, requires that all Title IV (student financial aid) prepare, and distribute the Annual Security & Fire Report (fire report for institutions with campus housing). The report prepared for distribution as of October 1, 2023 consists of information required to be disbursed to students, parents and all other interested parties. The information is distributed to assist you and/or parents in making a choice for your education. The Academy of Allied Health Careers posts this information on its website as well as in this separate report.  The following are some of the required information that you will find in the report and on the Academy of Allied Health Careers website: where to find information on registered sex offenders, emergency responses, evacuation procedures and notification of campus community, timely warnings, code of conduct and the Women Against Violence Act (WAVA).

Should you require additional information or help regarding this report, please see your Admissions Advisor for direction. You may also obtain your personal hard copy of the report by asking your Admissions Advisor. It is the desire of The Academy of Allied Health Careers to provide you with all required information from all authorities. Additionally, The Academy of Allied Health Careers provides guidance, advising, tutoring, special scheduling and other personal assistance to ensure your tenure at the school is as pleasant and productive as possible.

Academy of Allied Health Careers website quick links:

Annual Security Report: https://aahctn.edu/financial-aid/regulatory-requirements/annual-security-report/

Compliance with the Violence Against Women Act (VAWA): https://aahctn.edu/financial-aid/regulatory-requirements/violence-against-women/

Sexual Misconduct, Harassment, and Assault:  https://aahctn.edu/financial-aid/regulatory-requirements/sexual-misconduct-harassment-and-assault/

Drug and Alcohol Abuse and Prevention:  https://aahctn.edu/financial-aid/regulatory-requirements/drug-and-alcohol-abuse-and-prevention/

The Clery Act Policies and Procedures

The Academy of Allied Health Careers (the Academy) is committed to disseminating relevant and pertinent information regarding reported criminal activities in a reasonable manner to its community and to interested parties. To that end, the Academy is implementing and maintaining policies and procedures in compliance with the University reporting requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) and the Higher Education Opportunity Act (“HEOA”), two pieces of federal legislation that provide guidance in disseminating certain types of information to campus communities and to the general public. Because the Clery Act and HEOA encompass several areas of campus responsibility, the Academy utilizes the Chattanooga Police Department (CPD) to issue information that pertains to the criminal reporting requirements of these two federal laws. 

The Clery Act requires that colleges and universities:

• Publish an annual report by October 1 that contains three (3) years of campus crime and fire safety statistics and certain campus security policy statements;
• Disclose crime statistics for the campus, public areas immediately adjacent to or running through the campus, and certain non-campus facilities and remote classrooms. The statistics must be gathered from campus police or security, local law enforcement, and other university officials who have “significant responsibility for student and campus activities”;
• Provide timely warning notices of those crimes that have occurred and pose an ongoing threat to students and employees;
• Implement emergency notification procedures if there is an immediate threat to the health or safety of students or employees on campus;
• Disclose in a public crime log “any crime that occurred on campus . . . or within the patrol jurisdiction of the campus and is reported to the school or security department”; and
• Maintain in a public fire log a record of any fire that occurred at the facility.

The Annual Disclosure of Crime Statistics

The Academy is responsible for preparing and distributing this Annual Security Report (“ASR”) to comply with the Clery Act. The responsibility for preparing the ASR is assigned to the Clery Act Compliance Coordinator. The ASR is published and made available to the public every year on or before October 1st. The ASR includes statistics for the previous three (3) years concerning reported crimes that occur within the Academy’s geography (i.e., on campus, adjacent to the campus, and public property). Statistics for Clery Act offenses that did not occur within the Academy’s Clery geography are not included in the crime statistics published in the ASR even if the students or employees were involved.  The Academy prepares the ASR, including the annual disclosure of crime, arrest, and referral statistics, with input from various sources, including: The Chattanooga Police Department (CPD) and the Eastgate Town Center Security Department. For statistical purposes, crime statistics reported to any of those sources are recorded in the calendar year in which the crime was reported.  The Academy will make the determination as to whether a reportable offense has occurred and shall annually report statistics for occurrences of Murder/Non-Negligent Manslaughter, Negligent Manslaughter, Rape, Forcible Fondling, Statutory Rape, Incest, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, and Arson; Domestic Violence, Dating Violence, and Stalking; Arrests for Liquor Law Violations, Drug Law Violations, and Weapons Law Violations; Disciplinary Referrals for Liquor Law Violations, Drug Law Violations, and Weapons Law Violations; and Hate Crimes.

Crime Logs

In compliance with the Tennessee College and University Security Information Act and the Clery Act, all crimes reported to the Academy are recorded on the Academy’s crime logs within two (2) business days of the report unless the disclosure is prohibited by law or would jeopardize the confidentiality of a victim. The Academy may also withhold information from the crime logs when there is clear and convincing evidence that the release of the information would jeopardize an ongoing criminal investigation or the safety of an individual; cause a suspect to flee or evade detection; or, result in the destruction of evidence.

Each crime log contains information for the most recent 90-day period and is made available to the public in hard copy format. Any portion of this crime log that is older than 90 days will be made available within three business days of any request for public inspection.

Relationship with Local, State and Federal Law Enforcement

Although no formal agreement exists between agencies, a close working relationship is maintained between the Academy, Eastgate Town Center Security, and the Chattanooga Police Department.   These agencies are called on for mutual assistance to effectuate arrests (Chattanooga Police Department only), execute search warrants and perform other law enforcement functions when it is necessary.  Members of the Academy and the Eastgate Town Center Security do NOT have the authority to arrest and individual.   Mutual aid is also governed by T.C/ A §58-8-101, Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004. In addition to this, the Academy, Eastgate Town Center Security, and the Chattanooga Police Department comply with the Robert 'Robbie' Nottingham Campus Crime Scene Investigation Act of 2004, T.C.A. §49-7-129, more commonly known as the Nottingham Act. The Nottingham Act outlines the investigative responsibilities of each agency in the event of a medically unattended death or a rape that occurs on the Academy campus.

Each year, in accordance with the Clery Act, the Academy communicates in writing with local law enforcement agencies to request their cooperation in informing the Academy about crimes and/or situations reported to them that may warrant the Academy issuing an emergency notification or a timely warning.

Campus Security Information

This information is required under Public Law 102-26.

The following data will provide you with security policies and statistics concerning the occurrence of criminal offenses on our campus.

Should you witness a crime in progress or are the victim of a crime, The Academy of Allied Health Careers requests that you follow this procedure:

1. During school hours, notify Administration Staff and the Chattanooga Police Department immediately at (423) 698-2525 or 911 for emergencies.
2. Please remember, preserving evidence for proof of a criminal offense is very important.

The purpose and authority of Eastgate Town Center security personnel is limited to securing the premises and protecting the facility. The enforcement authority of Eastgate Town Center security personnel is limited to the enforcement of campus rules and regulations. Incidents that go beyond the scope of Eastgate Town Center security personnel are referred to and investigated by the local law enforcement agency (CPD). All crimes that are reported will be posted within a day of reporting.

To ensure the accurate and prompt reporting of all crimes, authorized administrative personnel will take a full written statement from involved parties and witnesses at all reported emergency or criminal incidents. The written statements are included as part of a written report and such statements may be used by Eastgate Town Center security personnel (if applicable) and local/state law enforcement authorities for the purpose of criminal apprehension and/or crime prevention. Criminal incidents may also be reviewed by the institution’s administrative staff for the purpose of disciplinary action. Students are informed about campus security procedures on October 1st of each year and during orientation.

Reporting Crimes and Other Emergencies on Campus

Everyone should remember that personal safety begins with you. The following should always be considered:

1. When walking on campus, be aware of who and what is around you. Try not to walk alone and avoid streets and secluded pathways or alleyways.
2. Do not carry large amounts of cash.
3. Keep your motor vehicle in good condition. Always lock your car and remove all packages and any valuables. Try to park in well-lit areas.
4. Do not leave books or personal property unattended in the classroom, break areas, or resource room.

Sexual assault prevention programs are available at Family and Children’s Services of Chattanooga, Inc., Sexual Assault Crisis and Resource Center, 300 East 8th Street, Chattanooga, TN 37403 (423) 755-2700. Counseling for sex offense victims is also available at the facility.

If any disciplinary proceedings are held in cases of an alleged sex offense, both the accuser and the accused have the opportunity to have others present. Both the accuser and the accused will be informed of the Academy’s final determination of any institution disciplinary proceeding and any sanction imposed against the accused. The following sanctions may be imposed regarding rape, acquaintance rape, or other forcible or non-forcible sex offenses: termination and all information turned over to the proper authorities.

The Academy follows the Drug Free Schools and Communities Act of 1989 (Public Law 101-226). All students and employees should refer to the Drug and Alcohol Abuse section concerning the campus policies and individual responsibilities required under this Act.

The Campus Security Act requires universities to collect and report campus crime statistics. Any employee on campus who receives a report or is aware of certain crimes must immediately report the crime to the Chattanooga Police Department. Crimes to be reported are listed below. Threats of violence should also be reported to the Chattanooga Police Department.

Report Crimes to the Chattanooga Police Department at (423) 698-2525.

Reportable Crimes and Offences:

1. Criminal Homicide: Murder and manslaughter. Report any homicide.
2. Sex Offenses, Forcible or Non-forcible: A forcible sex offense is any sexual act directed against another person, forcibly and/or against that person's will; or any sexual act against a victim incapable of giving consent. Incapacitation due to drugs or alcohol renders a person incapable of giving consent. Minors are not legally capable of consenting. Non-forcible sex offenses are acts of "unlawful, non-forcible sexual intercourse," e.g., incest or statutory rape.
3. Robbery: The taking or attempting to take anything of value from the control, custody, or care of a person or persons by force or threat of force or violence or by putting the victim in fear.
4. Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This offense is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. An assault that results in hospitalization (or should have) is an aggravated assault.
5. Burglary: The unlawful entry (breaking and entering) into a building or other structure with the intent to commit a felony or theft.
6. Arson: Willful or malicious burning or an attempt to burn a dwelling house, public building, motor vehicle or aircraft, or personal property.
7. Arrests or persons referred for alcohol, drug, and illegal weapon violations.
8. Hate Crimes: Any of the crimes listed in this document in which the victim was intentionally selected because of the victim’s actual or perceived race, gender, religion, sexual orientation, ethnicity, national origin, gender identity, or disability must be reported as hate crimes. Te category of prejudice should be reported.
9. Stalking: Purposefully engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to fear for his or her safety or the safety of another person; feel seriously alarmed, disturbed or frightened; or suffer emotional distress.
10. Dating Violence: The term ‘‘dating violence’’ means violence committed by a person:
    1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
    2. where the existence of such a relationship shall be determined based on the following factors:
       1. The length of the relationship
       2. The type of relationship
       3. The frequency of interaction between the individuals involved in the relationship.
11. Domestic Violence: The term ‘‘domestic violence’’ includes felony or misdemeanor crimes of violence committed by a current or former spouse 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, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Tennessee (includes past or present marriage, domestic partnership, romantic, dating, or sexual relationship), by a former spouse or similarly situated person against a victim who is in a subsequent relationship with a former spouse or similarly situated person, or by any other person against a victim who is protected from that person’s acts under the domestic or family violence laws of Tennessee.
12. Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
13. Theft: Unlawful taking of another’s property.
14. Intimidation: Threats of bodily injury to another person.
15. Assault: Unlawful contact causing bodily injury.
16. Destruction/damage/vandalism of property.
    

The institution must provide a geographic breakdown of the crime statistics by four categories:

• On campus: 5600 Brainerd Road and nearby businesses;
• On campus and in a residence hall (Not Applicable);
• Non-campus building or property (Not Applicable);
• On public property that immediately borders and is accessible to the campus. This includes all public streets bordering the main campus. Public property consists of a public sidewalk that borders the campus, the public street along the sidewalk, and the public sidewalk on the other side of the street. Only those portions of the sidewalk, street, and sidewalk that are adjacent to campus are included.

If you suspect that a crime has been committed, report it immediately! If in doubt about whether to report something that has occurred, report it! Do not attempt to apprehend or pursue a suspected criminal.

Crime reports may be made as follows:

1. Crimes that occur on campus: Reports should be made to an Administration staff member or by calling (423) 499-4999.
2. Crimes that occur off campus: Reports should be made first to local police by calling 911.

Chattanooga Police Department 

3410 Amnicola Hwy. Chattanooga, TN 37406

Office hours are Monday through Friday 8:00 AM through 5:00 PM

Emergencies: 911 

To report a crime or request assistance: (423) 698-2525

Anonymous Reporting

In compliance with the Clery Act, the Academy allows voluntary anonymous reporting. The Academy encourages anyone who is the victim or witness to any crime to promptly and accurately report the incident to the Academy and/or to the Chattanooga Police Department. Because police reports are public records under state law, the Academy or the CPD cannot hold reports of crime in confidence. If you are the victim of a crime and do not want to pursue action within the Academy or the criminal justice system, you may still want to consider making an anonymous report. The purpose of an anonymous report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others. With such information, the Academy can keep accurate records of the number of incidents involving students; determine where there is a pattern of crime with regard to a particular location, method, or assailant; and alert the campus community, through emergency notifications or timely warnings, to potential danger. Reports filed in this manner are counted and disclosed in the annual crime statistics for the Academy.   Anonymous reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to Academy Administration.

Professional and Pastoral Counselors

In accordance with the Clery Act, professional and pastoral counselors are not considered CSAs and are exempt from the mandate to report incidents of criminal offenses while serving in that capacity at the time of disclosure. Knowledge of such incidents gained while not acting in a professional counseling capacity, however, must be reported. The term “professional counselor” means an Academy employee whose official responsibilities include providing mental health counseling to members of the Academy community and who is functioning within the scope of his/her license or certification. The Academy does NOT employ professional counselors on staff and does NOT employ any pastoral counselors. The professional and pastoral counselor exemption does not relieve counselors of the duty to exercise reasonable care to protect a foreseeable victim from danger posed by the person being counseled. When speaking to a victim or witness to a crime, counselors are encouraged to inform the individual that they have the option to report the incident, including the option to do so anonymously.

Monitoring Off-Campus Crime

Monitoring of crime off campus is done by the law enforcement agency of jurisdiction where the crime took place. Local law enforcement agencies have been requested to forward to the Academy copies of their reports regarding Clery-reportable criminal activity occurring on any non-campus properties owned, leased, controlled, or used by the Academy. The Academy relies on its working relationships with local law enforcement agencies to receive information about incidents involving students off campus. Upon notification and request from outside agencies, the Academy will assist them with investigating crime information concerning or involving a member of the Academy community, and it will supply information regarding the incident as needed or required to local, state, or federal law enforcement authorities.

Weapons on Campus

With respect to the possession of firearms and other weapons on the Academy’s property, it is important to differentiate between Tennessee criminal law and Academy policies.   

Tennessee Criminal Law

It is a criminal offense for a person to carry or possess a firearm or other weapon, whether openly or concealed, on any property owned, used, or operated by a school, college or university (T.C.A. §39- 17-1309). Tennessee law (T.C.A. §39-17-1313) contains a limited exception to that criminal offense for the holder of a valid handgun carry permit who: (1) transports and stores a firearm or firearm ammunition in the permit holder’s privately owned motor vehicle; (2) parks the vehicle in a location where it is permitted to be; (3) keeps the firearm or firearm ammunition from ordinary observation; and (4) if the permit holder is not in the vehicle, locks the firearm or firearm ammunition within the trunk, glove box, or interior of the person’s privately owned motor vehicle or a container securely affixed to such vehicle.

The Academy prohibits the possession of weapons on campus.   Despite laws which provide for permits allowing individuals to carry concealed handguns, it is the policy of the Academy to prohibit the possession of all weapons, including handguns, on property owned, operated or under the control of the Academy of Allied Health Careers.   The policy also prohibits the possession of or use of firearms, dangerous weapons of any kind, or replica/toy guns, e.g., BB guns, pellet guns, paintball guns, water guns, cap guns, toy knives or other items that simulate firearms or dangerous weapons. This includes the possession or use of any kind of ammunition.

Concealed Carry on Campus

Pursuant to TCA 39-17-1309(e)(11) and subject to the exceptions described in federal or state law, an Authorized Employee may carry a concealed handgun on the Academy’s property. Prior to carrying a concealed handgun on the Academy’s property, an Authorized Employee must provide notice in person of his/her intent to carry a concealed handgun on the Academy’s property to the Chief Operating Officer (COO) of the Academy of Allied Health Careers.    An Authorized Employee is not permitted to carry a handgun openly or in any manner in which the handgun is visible to ordinary observation.  An Authorized Employee must be a full-time employee who is not enrolled at the Academy as a student.

Emergency Notification and Timely Warnings

Federal law requires colleges to “immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, unless issuing a notification will compromise efforts to contain the emergency”.

The Academy of Allied Health Careers utilizes on site notifications via teachers and staff, notifications by email and text, our website (www.aahctn.edu), our Facebook page (Academy of Allied Health), our local television station (WRCB), and the REMIND101 app.

The Academy of Allied Health Careers is responsible for issuing timely warnings and emergency notification. The college will, without delay, decide whether to issue a timely campus safety/crime warning or emergency notification on a case-by-case basis considering the facts surrounding a crime, including factors such as the nature of the crime, the continuing danger to the campus community and the possible risk of compromising law enforcement efforts. Information for timely campus safety/crime warnings and emergency notifications may also come from other law enforcement agencies.

Depending on the particular circumstances of the incident, timely campus safety/crime warnings and emergency notifications may be distributed by any one or more of the following means:

1. E-mail and text.
2. Posting an alert on The Academy’s web page and/or other sites where information will be likely to reach the campus community.
3. Posting on the outside entry doors of classrooms, break areas, and/or posting on bulletin boards in academic and group meeting areas.

Anyone with information warranting a timely campus safety/crime warning or emergency notification should report the circumstances to the school, by calling 423-499-4999 or in person at 5600 Brainerd Road, Suite C-3, Chattanooga, TN 37411. Students may also call 911 for immediate police attention.

Emergency Preparedness and Procedures

Fire Drills

In an effort to better prepare for emergencies, the Academy will conduct a minimum of one (2) fire exit drills each year. One drill will be announced and notice given to all building staff and students.  The other drill will be unannounced without notice to either the building staff or students.  Documentation of these drills will be maintained by the Academy and will include a description of the test, the time and date, and whether the test was announced or unannounced. The purpose of these drills is to prepare building occupants for an organized evacuation in case of fire or other emergencies.

Active Shooter

If an active shooter is on the Academy campus, lock all classroom doors and completely close all blinds on classroom windows. Move away from any doors and windows to the most secure location within the classroom and then “shelter in place.” If a cell phone is available, call 911 or 423-698-2525 for an immediate police response. An active shooter on a university campus is a rare event, but faculty, staff and students need to be prepared. Being safe is a skill that can be learned, and there are resources to help. Chattanooga Police Department officers are available to provide training for responding to an active shooter incident. Additional active shooter on campus response materials and information may be available by contacting the Chattanooga Police Department.

Emergency Procedures

It is recommended that all employees and students review and become familiar with the emergency procedures annually, or whenever there are plan or facility changes. The Academy will publicize these emergency response procedures in conjunction with any test. Depending on the nature of an emergency, you may need to evacuate the building or shelter in place.

Evacuation Procedures 

When the fire alarms sound, or upon notification by Academy staff or emergency responders, occupants must evacuate the building.

❖ If time and conditions permit, take only your most important personal items, such as a purse, car keys, or glasses, and secure your workplace.

❖ Leave by the nearest marked exit and alert others to do the same.

❖ If you open a door, check the door for heat with the back of your hand before opening it. Do not open the door if it is hot.

❖ Walk, do not run. Do not push or crowd.

❖ Follow instructions from Academy staff or emergency responders and keep noise to minimum so you can hear emergency instructions.

❖ Assist people with disabilities in exiting the building. If this is not a safe location given the emergency, assist them to the nearest perimeter location. Assist people with disabilities to the closest interior evacuation location, if it is safe to do so.

❖ Watch for falling debris and glass inside and outside of the building. 

❖ Once outside, move quickly away from the building and proceed to the closest evacuation location. You should try to be at least 500 feet away from the affected building.

❖ Attempt to keep existing groups and classrooms of students together. This will assist in identifying if anyone was left behind or is missing from the group.

❖ Keep roadway, fire lanes, and fire hydrants clear for emergency vehicles and responders.

To prepare for an evacuation:

❖ Know your building or classroom’s floor plan. Know where the doors, windows, stairs and fire extinguishers are.

❖ Determine in advance the nearest exits from your work or classroom location and the route you will follow to reach that exit in an emergency. Know the locations of alternate exits from your area, or the areas you frequent on campus.

❖ If you are in an unfamiliar building, look for exit signs and stairwells upon entering.

❖ If you work in an interior office, know exactly how many doors you will pass long your evacuation route before you reach the nearest exit. In heavy smoke, exit signs may be invisible. Even in heavy smoke, you can count the number of doors as you pass, so you will know when you reach the exit door.

Sheltering in Place

When Academy staff or public safety officials provide directions to shelter in place, they want everyone to immediately do the following:

❖ Stay inside the building. If you are outside, go inside as quickly as possible.

❖ Select an interior room(s) above the ground floor with the fewest windows and vents. The room(s) should be large enough for everyone to sit comfortably and quietly. Use multiple rooms if necessary.

❖ Stop classes and/or other operations in the building.

❖ If there are visitors in the building, provide for their safety by asking them to stay.

❖ Quickly locate supplies you may need, such as material to cover vents and door cracks, food, water, a radio, etc.

❖ Ideally, choose a room(s) with hardwired telephones, as cellular networks may be unavailable. Use these phones to report any emergencies.

❖ Stay away from windows and doors; draw the curtains/shades or cover the windows. You should not be visible from the outside or from the corridor.

❖ In case of a chemical release:  1) If there is time, shut and lock all windows and doors. Locking them may provide a tighter seal against chemicals.   2) If possible, put a wet towel or a piece of clothing against the crack between the door and the floor to seal it.  3) If the room has local controls, turn off or block any heat, fans, air conditioning, or vents.

❖ Use a radio or the internet to check for additional information via local television or radio stations for emergency information and further details.

❖ Remain calm and await further instructions.

❖ DO NOT leave the room until directed to do so by a public safety official.

Fires or Fire Alarms

Academy staff in each building are responsible for instructing the occupants that the entire building is to be 100% evacuated in an emergency or when the fire alarm sounds. Academy policy and Fire Codes require that ALL persons immediately evacuate. If a fire or visible smoke is detected within a campus facility and/or building, the building fire alarm system should be immediately activated to alert other occupants, who should immediately evacuate the building. All fires, regardless of size (even if extinguished), smoke, or fire alarms on campus should immediately be reported to the Chattanooga Fire Department by dialing 911.  The caller should be prepared to state his/her location.

Medical Emergencies

All life-threatening medical emergencies should be reported directly to the Chattanooga Police Department or Chattanooga Fire Department by dialing 911.  In general, Academy personnel do not receive medical training nor have immediate access to approved emergency medical guidelines or materials.   To request an ambulance for a non-life-threatening emergency on campus dial 911. The caller should be prepared to state his/her location.

Bomb Threats

Bomb threats or suspicious objects/devices on campus should be reported by dialing 911. The caller should be prepared to state his/her location.

Tornadoes

Building occupants should be alerted to move to the safest place in the building and/or complex. A FIRE ALARM SHOULD NOT BE PULLED. Individuals should not leave the safety of the building, unless it is to seek shelter in a designated “safer place” in a nearby structure or building. If a tornado designated “safer place” is unavailable, individuals should seek shelter in the middle of the building. It is best to take cover next to heavy furniture or in an interior hallway against a strong, interior wall on the lowest level of the building. Individuals should not leave a relatively safe place or get into a vehicle and attempt to drive. The instructions of Academy staff or emergency response personnel should be followed, or individuals should remain inside the building until emergency response personnel give the “all clear” signal.

All Other Emergencies

All other emergencies on campus may also be reported by dialing 911.  The caller should be prepared to state his/her location.

Persons with Disabilities

Persons with disabilities should notify the instructor in each of their classes or their supervisor that they have a disability and may require assistance in case of an emergency. Instructors must notify emergency response personnel (i.e., police, fire & rescue, medical) of any persons with disabilities in their classes or area of responsibility in the event of an emergency.

Drug and Alcohol Abuse and Prevention

The use or possession of drugs is strictly prohibited at The Academy of Allied Health Careers. The Academy also promotes a Tobacco-Free campus and prohibits smoking on campus.

The Academy promotes a healthy, safe, and aesthetically pleasing work and educational environment. The Academy acknowledges that long-term health hazards may accrue to people who use tobacco products or who are subjected to second-hand smoke. As a result, The Academy is a tobacco-free campus and the use of tobacco will not be permitted except as specifically permitted under this policy.

This policy applies to all faculty, staff, students, contractors, and visitors of The Academy and is in effect twenty-four (24) hours a day, year round. This policy applies to all forms of tobacco products including, but not limited to, cigarettes, pipes, cigars, chewing tobacco, snuff, smokeless electronic cigarettes, and other similar devices.

This policy also outlines requirements under the Drug Free Workplace Act of 1988. In accordance with this Act, The Academy establishes that a drug-free workplace be maintained. The unlawful manufacture, distribution, dispensing, possession, or use of any controlled substance (including prescription drugs) is banned on campus. Controlled substances are defined in 21 USCA § 812, and include such things as opium, hallucinogens (like marijuana, mescaline, etc.), cocaine, amphetamines, heroin, and morphine. This policy does not prohibit the lawful use of prescribed drugs which are taken under the care of a healthcare professional.

Possession, Use and Sale of Illegal Drugs and Enforcement of Federal and State Drug Laws

The following information is presented in compliance with the Drug-Free Schools and Communities Act Amendment of 1989: The Academy prohibits the unlawful possession, use, or distribution of illicit drugs on the campus property or on institutionally owned, leased, or otherwise controlled property. Various federal and state statutes make it unlawful to manufacture, distribute, dispense, deliver or sell, or possess with intent to manufacture, distribute, dispense, deliver, or sell controlled substances. The penalty imposed depends upon many factors which include the type and amount of controlled substance involved, the number of prior offenses, if any, and whether any other crimes were committed in connection with the use of the controlled substance. Possible sanctions include incarceration up to and including life imprisonment and imposition of substantial monetary fines. The Academy will impose sanctions against individuals who are determined to have violated rules prohibiting the use, possession, or distribution of illegal drugs.  Sanctions for students using or possessing illegal drugs include disciplinary probation and, in appropriate cases, suspension from the Academy.  Referral for criminal prosecution may be made in appropriate cases. Individuals involved in the sale or distribution of illegal drugs will be suspended from the Academy and referred to the appropriate authorities for criminal prosecution.   All employees, including students, agree as a condition of employment to abide by this policy. Sanctions against employees for use or possession of illegal drugs in the workplace include termination of employment. Additionally, employees are required to notify the institution of any drug convictions resulting from a violation in the workplace no later than five (5) days after the conviction.

Possession, Use and Sale of Alcoholic Beverages and Enforcement of State Underage Drinking Laws

The following information is presented in compliance with the Drug-Free Schools and Communities Act Amendment of 1989:  Consumption of alcohol on the University’s campus is limited to approved events and areas designated by the Chief Operating Officer (COO).   Designated areas where consumption of alcoholic beverages may be permitted shall not be in classrooms, labs, faculty or administrative offices, or student gathering areas.  The use or possession of alcoholic beverages by students is prohibited on property owned or controlled by the Academy. However, students of legal drinking age may consume alcohol at events at which the consumption of alcohol has been approved. Tennessee statutes provide that it is unlawful for any person under the age of twenty-one (21) to buy, possess, transport (unless in the course of employment), or consume alcoholic beverages, wine, or beer, such offense being classified a Class A misdemeanor punishable by imprisonment for not more than 11 months, 29 days or a fine of not more than $2,500, or both. The receipt, possession, or transportation of alcoholic beverages without the required revenue stamp is also a misdemeanor punishable by imprisonment of not more than thirty (30) days or a fine of not more than $50, or both.   The Academy does not currently provide alcohol counseling, treatment, or rehabilitation programs for students. Referral to community treatment facilities may be made in appropriate cases.  The Academy will impose sanctions against individuals who are determined to have violated rules prohibiting the use, possession, or distribution of alcohol. Sanctions for students using or possessing alcohol include disciplinary probation and, in appropriate cases, suspension or expulsion from the Academy. Referral for criminal prosecution may be made in appropriate cases. All employees, including students, agree as a condition of employment to abide by this policy.  Sanctions against employees for use or possession of alcohol in the workplace include termination of employment.

Violence Against Women Act (VAWA)

Purpose

This document outlines the Academy of Allied Health Career’s support for and compliance with the Violence Against Women Act (VAWA). The Act was originally signed into law by President Bill Clinton in 1994 and has been reauthorized numerous times including the most recent in 2013 under President Barack Obama. VAWA provides a number of provisions to help prevent and address such offenses as stalking and domestic violence.

Policy Statement 

The Academy of Allied Health Careers prohibits all acts of violence by students, faculty, administrators, campus visitors or anyone on the Academy’s premises, or participating in any event sponsored by the Academy. In keeping with VAWA this includes prohibition against sexual assault, domestic violence, dating violence and stalking.

Definitions 

1. "Sexual Assault", known in Tennessee as Sexual Battery, occurs when someone compels a victim to engage in unlawful sexual contact against the victim’s will, and also includes circumstances when the victim is mentally incapable of giving consent to sex (such as being in a coma or having passed out from drug or alcohol use), and fraud (such as tricking a victim into believing that the defendant is the victim’s spouse)
2. “Domestic Violence” includes asserted violent misdemeanor and felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
3. “Dating Violence” means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.
4. “Stalking” means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress.

The Academy of Allied Health Careers has added the following additional information to the above listed definitions of: incidents of sexual assault, domestic violence, dating violence, and stalking. The information is shared during the orientation process. These educational prevention programs promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking. The Academy does not condone any of the named crimes or any other crime for that matter; the school prohibits the crimes and incidents on or off premises.

Violent and controlling behavior, "Relationship Violence", is by a person who is currently with or was with a victim. This may include any of the following acts: perceived, threatened or actual physical injury, emotional or psychological abuse, sexual assault, control by force intimidation or economic control and or social sequestration. Some characteristics an abusive partner may exhibit are:  emotional abuse, verbal abuse, sexual abuse or physical abuse. This may occur in traditional or same sex relationships.

A pattern of behavior that reduces or destroys a person’s self-worth and esteem is emotional abuse. Symptoms could include jealous behavior, ignoring feelings, belittling values, restricting social activities and or withholding love, approval or affection. Verbal abuse is intended to hurt or injure another person by name calling, insults, threats suicide, humiliation, intimidation and or exaggerated criticism. Sexual abuse could be forcible sexual activity without consent. This does not have to be penetration; it could be unwanted touching as an example. Physical abuse includes any behavior that causes or threatens bodily harm, such as hitting slapping, breaking things or threatening to do so.

To recognize a violent relationship, ask yourself does the person you are involved with exhibit a pattern of behavior of: jealousy, criticizing you, or your behavior, makes all the decisions, is he/she controlling, threatening, insulting, always wants to know where you are, or checks in frequently. These are all signs you are in a violent relationship which leads to trouble. Additionally, has your partner shoved, pushed, slapped, kicked, bit or intimidated you? Has he/she insisted you have sex when you did not want to? Threatened you or threatened suicide? Retained you when you wanted to leave? Be aware, be smart – seek help. If you are on campus, seek the help of any Administration or Faculty member. You may also seek immediate help via the local police department. Act now, abuse of any kind cannot be tolerated as it may lead to more serious concerns.

Stalking is a course of conduct whereby a person is in reasonable fear for his/her safety. It is a pattern of threats or harassment that is directed repeatedly toward a specific individual and is unwelcome, intrusive, or fearful. It may include physical appearances of the stalker and harassing behavior. Note that most victims know the stalker. Again, act now before stalking becomes criminal behavior. Seek help from The Academy or the local police.

Consent as it pertains to instances of sexual activity in our jurisdiction means: willing, able, and knowledgeable of an act that a partner wishes to engage in and comprehends the ramifications of the act and any consequences if any.

Procedures for Victims to Report Offenses and Preserve Evidence 

A victim of sexual assault, dating violence, domestic violence or stalking that occurs on the Academy’s premises must immediately report the incident to an Administration member. If there is an immediate threat to your safety, you should first contact the Chattanooga Police Department and then inform the appropriate Academy administrator. The victim has the right to contact law enforcement at any time. The victim must preserve any evidence related to the incident.

Explanation of Victim Rights 

The Victim has the following rights:

1. To report any acts of sexual assault, dating violence, domestic violence and stalking to law enforcement, or the appropriate school administrators;
2. To have actions taken by the Academy that ensure protection of the victim from both immediate and future offenses from the offender while on school premises;
3. To have the Academy comply with any judicial no-contact, restraining or protective orders that have been authenticated and presented to the school;
4. To have the victim’s confidentiality preserved as much as is reasonably possible;
5. To have a Review Board decide if the offender is prohibited from campus premises and if the offense is determined to have occurred either by a court of law;
6. To have a Review Board decide if the offender is prohibited from campus premises after the offense while an investigation is being conducted.

Investigation of Offenses

Offenses will be investigated by a Review Board consisting of the Academy’s COO, Director of Accreditation and Compliance, the Director of Admissions and other parties as warranted. Investigations will use the “preponderance of the evidence” to determine whether an offense has occurred.

The Review Board may elect to defer to investigation by law enforcement or some other governmental entity and rely on those findings in determining any sanctions against the offender.

Both the offender and the victim will be informed in writing of the investigative findings and any steps taken as a result of the investigation.

Both the victim and the offender have the right to have others present during any disciplinary proceeding or investigation, including an advisor of their choice.

Both the victim and offender will be informed of any appearance procedures.

Sanctions

Any student, faculty member, independent contractor, or administrator who is determined to have committed an act of sexual assault, dating violence, or domestic violence, stalking, rape, or acquaintance rape on the premises of the Academy will be dismissed from the school. This also includes acts committed while engaging in any school sponsored event whether on the Academy’s premises or not. An example could be offenses occurring in route to a field trip, or during a school sponsored social event away from campus.

Any individual who is determined to have committed such acts away from the premises of the Academy while not engaged in school activities will not be permitted onto the Academy’s premises until the Review Board has made a determination that the individual may return.

Confidentiality

Both the victim and the offender’s identities will be kept confidential as much as is reasonably possible. No personally identifiable information will be compromised. The Academy of Allied Health Careers will assume no responsibility or liability for failure to maintain confidentiality by third parties such as law enforcement, or others who conduct the investigation. All written documentation pertaining to the offense, including victim statements, witness statements, etc. will be kept confidential.

Training 

All new students, faculty and administrators will receive training on the following topics:

1. The Academy’s policy prohibiting violence against women;
2. Definition of rape, acquaintance rape, sexual assault, domestic violence, stalking and dating violence;
3. Safe and positive bystander intervention options;
4. Recognition the signs of abusive behavior and how to avoid potential attacks.

All students, faculty and administrators will receive the training brochure on VAWA and will receive updated information as warranted on a yearly basis.

Bystander Intervention 

"Bystander Intervention" is the willingness to help someone who is in danger of violence. The Academy encourages individuals to take action to help prevent violence against others. Bystander intervention can be as simple as offering to walk to the parking lot as a group at night, helping someone recognize the signs that they are in a relationship that could lead to violence, or encouraging someone to take a walk before engaging in a confrontation that could lead to violence.

Abusive Relationships and Domestic Violence

Relationship violence, sometimes called intimate partner violence, domestic violence or dating violence, is the use of abusive behavior in order to have power and control in the relationship. The violence can be physical, sexual, emotional, mental, verbal, spiritual, or any combination of these. Signs of an abusive relationship include being with someone who:

❖ wants to keep you away from your friends and family;

❖ makes all the decisions;

❖ gets angry over small things;

❖ wants to control how you dress;

❖ threatens to hurt you, your children, or him/herself when angry;

❖ criticizes and name-calls – insults and humiliates you in front of others;

❖ hits, shoves, throws objects, or uses other physically intimidating behavior; or

❖ forces sex or other use of physical force in sexual activity.

If you are in an abusive relationship, you may feel embarrassed, ashamed, afraid, or even guilty. These feelings and many other conflicting emotions are common in such relationships. Violence can happen in long-term or newly formed relationships. Relationship violence can occur regardless of socioeconomic status, ethnicity, color, creed, sexual orientation, or age.

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.

Immediate Actions Following a Sexual Assault

Preserving Evidence In the immediate aftermath of an act of sexual violence, the most important thing is for the victim to get to a safe place. When a feeling of safety has been achieved, the victim should seek medical attention regardless of his/her decision to report the crime to the police. It is very important so that the victim can be screened for sexually transmitted diseases/pregnancy/date rape drugs, obtain emergency contraception, and receive treatment for any physical injuries. A victim has the right to accept or decline any or all parts of a medical exam. However, critical evidence may be lost or missed if not collected or analyzed. Valuable physical evidence can be obtained from the victim and the victim’s clothing. Every effort should be made to save anything that might contain the offender’s DNA. Therefore, a victim should not:

❖ Bathe or shower;

❖ Wash his/her hands;

❖ Brush his/her teeth;

❖ Use the restroom;

❖ Change clothes;

❖ Comb hair;

❖ Clean up the area where the incident took place; or,

❖ Move anything the offender may have touched.

Even if the decision to report the crime has not yet been made, receiving a forensic medical exam and keeping the evidence safe from damage will improve the chances that the police can access and test the stored evidence at a later date should the victim decide to prosecute. Keeping relevant text messages, instant messages, social networking pages, and other communications, as well as pictures, logs or other copies of documents, if there are any, may also be useful to investigators. Students, faculty or staff who report being victims of dating violence, domestic violence, sexual assault or stalking are provided a copy of the Sexual Violence Victim Information document which includes information about reporting the incident, options to report confidentially, the investigative and disciplinary processes, and available resources for the victim.

Notification of Missing Students

Any individual, including those not affiliated with the Academy who receives a report that a student is missing, or has independent information that a student is missing, must immediately report the information to the Chattanooga Police Department.   In compliance with Section 488 of the Higher Education Act of 2008, each student will have the option to identify a contact person or persons, separate from their general emergency contact(s), whom the Academy shall notify within 24 hours of the determination by the Chattanooga Police Department that the student is missing. Students will be expected to provide this contact information on their Application for Enrollment and are responsible for ensuring that the information remains up-to-date and accurate.  Additionally, if it is determined that a missing student is under the age of eighteen and is not legally independent of their parents (i.e., emancipated), the Academy must contact the student's custodial parent or guardian within 24 hours of being deemed missing. In all cases, the Academy will notify the student's designated contact within 24 hours of when the student is determined to be missing. Once it is determined that the student is missing, the Academy will contact the Chattanooga Police Department or other appropriate law enforcement agencies as soon as possible and no later than 24 hours after the student is determined to be missing. If the missing student is determined to be under the age of twenty-one, the Chattanooga police Department will follow the reporting requirements set forth by Suzanne’s Law, 42 U.S.C. §5779. This requirement provides that, “In general, each Federal, State, and local law enforcement agency shall report each case of a missing child under the age of 21 reported to such agency to the National Crime Information Center of the Department of Justice.” A Tennessee Bureau of Investigation (TBI) missing child report will be completed as part of the reporting process. If the missing student is determined to be under the age of eighteen, and not emancipated, the Academy will contact the student's custodial parent or guardian within 24 hours of being deemed missing. In all cases, the Academy will notify the student's designated contact within 24 hours after the student is determined to be missing.

Tennessee Sex Offender Registry

In accordance with the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Clery Act and the Family Educational Rights and Privacy Act of 1974, the Academy is providing a link to the Tennessee Sex Offender Registry. The federal Campus Sex Crimes Prevention Act of 2000 and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002 require institutions of higher education to issue a statement advising the campus community where law enforcement information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice to each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student. Furthermore, offenders are required to notify their respective reporting agency (Sheriff’s Department, Police Department, or Probation and Parole) of any changes in employment or enrollment. In the State of Tennessee, convicted sex offenders must register with the Tennessee Sex Offender Registry maintained by the Tennessee Bureau of Investigation (TBI). T.C.A. § 40-39-206 requires persons who are required to register pursuant to the Tennessee Sexual Offender and Violent Offender Registration, Verification and Tracking Act of 2004 (T.C.A. § 40-39-201 et seq.) to disclose the name and address of any institution of higher education in Tennessee at which the offender is employed, carries on a vocation or is a student. TBI is responsible for maintaining the Tennessee Sex Offender Registry. Also available online via TBI is a link to the Dru Sjodin National Sex Offender Website (NSOPW). First established in 2005 as the National Sex Offender Public Registry (NSOPR), NSOPW was renamed by the Adam Walsh Child Protection and Safety Act of 2006 and is the only U.S. government website that links public state, territorial, and tribal sex offender registries from one national search site. In addition, NSOPW provides information about sexual abuse and how to protect oneself and loved ones from potential victimization. In accordance with T.C.A. §40-39-201, members of the public should not use information from the Tennessee Sex Offender Registry to inflict retribution or additional punishment on offenders. Though much of the information in the registry is of record, some of the information contained on the registry is obtained directly from offenders. Neither TBI nor the Academy guarantees the accuracy or completeness of the information in the registry. The information contained in an offender’s record does not imply that the offender will commit a specific type of crime in the future, nor does it imply that if a future crime is committed by an offender what the nature of that crime may be. Neither TBI nor the Academy makes any representation as to any offender’s likelihood of re-offending. If you believe that information concerning a specific offender is incorrect, please contact TBI at (888) 837-4170.

Should an applicant be accepted into the college that is registered as a sex offender, the college notifies the local law authorities and follows their procedure. This would include if the Academy is required to notify both students and parents of students as warranted. To obtain additional information regarding registered sex offenders, visit https://sor.tbi.tn.gov/home .

Crime Statistics

In compliance with Public Law 102-26, the following information on campus crimes is reported to you for your review. The following criminal offenses were reported to campus security (if applicable) authorities or local police agencies as having occurred:

The following criminal offenses manifesting evidence of prejudice based on race, religion sexual oriented or ethnicity as prescribed by the Hate Crimes Statistics Acts were reported as having occurred:

In addition to the above crimes, the following numbers of arrests were made during the same period for these specific violations:

During the period from 1/01/2022 through 12/31/2022, no crimes were reported to the local authorities and no arrests were made on the Academy's premises.

For additional information on any reported crimes, please contact The Academy COO or Director of Marketing and Business Development. 

The Academy’s campus phone number: (423) 499-4999 

Chattanooga Police Department: (423) 698-2525 or 911 

Definitions of Terms Used in This Report

Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Simple assaults are excluded.

Arrests and Disciplinary Referrals: In accordance with the Clery Act, the Academy is required to (1) disclose the number of arrests for liquor law, drug law, and weapon law violations, and (2) disclose the number of individuals referred to the Chattanooga Police Department for liquor law, drug law, and weapon law violations.

• Drug Law Violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (enzedrines, enzedrine).
• Liquor Law Violations: The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned activities (Public intoxication and driving under the influence are not included in this definition).
• Weapons Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned acts.

Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Burglary (Breaking or Entering): The unlawful entry of a structure to commit a felony or a theft. Attempted forcible entry is included. Clery Geography: Non-Campus: Any building or property owned or controlled by an institution that is being used in direct support of, or in relation to, the institution’s educational purposed, is frequented by students and is not within the same reasonably contiguous geographic area of the institution. On-Campus: Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes; and any building or property that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes.  Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is immediately adjacent to and accessible from the campus.  

Consent: The state of Tennessee does not have a definition of consent. The institution defines consent as 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.

Dating Violence (T.C.A. § 36-3-601(5)(C)): In the State of Tennessee, dating violence falls under the domestic violence statutes. This defines one aspect of domestic violence as violence against a person when the accuser and accused are dating, have dated, or have or had a sexual relationship. “Dating” and “dated” do not include fraternization between two (2) individuals solely in a business or non-romantic social context. Violence includes, but is not necessarily limited to:

• Inflicting, or attempting to inflict, physical injury on the accuser by other than accidental means;
• Placing the accuser in fear of physical harm;
• Physical restraint;
• Malicious damage to the personal property of the accuser, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by the accuser; or,
• Placing a victim in fear of physical harm to any animal owned, possessed, leased, kept, or held by the accuser.

Domestic Violence (T.C.A. § 36-3-601): Violence against a person when the accuser and accused:

• Are current or former spouses;
• Live or have lived together as a spouse or intimate partner;
• Are related by blood or adoption;
• Are related or were formally related by marriage;
• Are adult or minor children of a person in a relationship described above ; or,
• Are roommates, either on or off campus.

Violence includes, but is not necessarily limited to:

• Inflicting, or attempting to inflict, physical injury on the accuser by other than accidental means;
• Placing the accuser in fear of physical harm;
• Physical restraint;
• Malicious damage to the personal property of the accuser, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by the accuser; or,
• Placing the accuser in fear of physical harm to any animal owned, possessed, leased, kept, or held by the accuser.

Destruction/Damage/Vandalism of Property: To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

Forcible Fondling (T.C.A. §39-13-505(a)): The State of Tennessee does not define “fondling,” but the definition of sexual battery would be used in its place. Sexual battery is defined as unlawful sexual contact with a victim by the defendant or the defendant by the victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act;
• The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The sexual contact is accomplished by fraud.

The institutional definition for Clery reporting purposes describes forcible fondling as the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the other person, including instances where the other person is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

Hate Crime: A criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias (i.e., preformed negative opinion or attitude toward a group of persons based on their:

Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

Ethnicity: A preformed negative opinion or attitude toward a group of persons of the same ethnicity.

Gender: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived gender.

Gender Identity: A preformed negative opinion or attitude toward a group of persons because of their actual or perceived gender identity.

National Origin: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived country of birth.

Race: A preformed negative attitude toward a group of persons who possess common physical characteristics genetically transmitted by descent and heredity, which distinguish them as a distinct division of humankind.

Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being.

Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual attraction.

Incest (T.C.A. §39-15-302): The State of Tennessee defines incest as engaging in sexual penetration with a person, knowing that person to be, without regard to legitimacy:

1. The person’s natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or

2. The person’s brother or sister of the whole or half-blood or by adoption.

The institutional definition for Clery reporting purposes describes incest as non-forcible sexual intercourse between persons who are related to each other within the degree wherein marriage is prohibited by law.

Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Larceny-theft (Except Motor Vehicle Theft): The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Examples are thefts of bicycles or automobile accessories, shoplifting, pocket-picking, or the stealing of any property or article which is not taken by force and violence or by fraud. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. A motor vehicle is self–propelled and runs on the surface and not on rails. Specifically excluded from this category are motorboats, construction equipment, airplanes, and farming equipment.

Murder / Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.

Negligent Manslaughter: The killing of another person through gross negligence.

Rape (T.C.A. § 39-13-503): Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act;
• The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated; physically helpless, or a vulnerable adult, as defined in § 39-15-501, with an intellectual disability; or
• The sexual penetration is accomplished by fraud.

The institutional definition for Clery reporting purposes describes rape as 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, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity. This definition includes any gender of victim or perpetrator.

Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Sexual Assault: An offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. A forcible sex offense is any sexual act direct against another person, without the consent of the other person, including instances where the other person is incapable of giving consent. Forcible sex offenses include rape (excluding statutory rape), sodomy, sexual assault with an object, and fondling. Nonforcible sex offenses include incest and statutory rape. The State of Tennessee does not define sexual assault, but state definitions for the Clery crimes of rape, fondling, statutory rape and incest can be found in this glossary.

Sexual Assault with Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of that person including instances where that person is incapable of giving consent because their age or because of their temporary or permanent mental or physical incapacity. An object or instrument is anything used by the offender other than the offender’s genitalia (e.g., a finger or bottle).

Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

Stalking (T.C.A. §39-17-315): A willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the accuser to feel terrorized, frightened, intimidated, threatened, harassed, or molested. “Harassment” means conduct directed toward the accuser that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress, and that actually causes the accuser to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

Statutory Rape (T.C.A. § 39-13-506(b)): The State of Tennessee defines statutory rape as the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:

• The victim is at least thirteen but less than fifteen years of age and the defendant is at least four years but less than ten years older than the victim; or
• The victim is at least fifteen but less than eighteen and the defendant is more than five but less than ten years older than the victim.

The institutional definition for Clery reporting purposes describes statutory rape as non-forcible sexual intercourse with a person who is under the statutory age of consent.