Repeating a Course

The following regulations apply to repeating courses:

1. A course in which an undergraduate student has an A or B may not be repeated.
2. If a course in which the student has a C, D, or F is repeated, only the most recent grade earned (excluding I, W, or WF) will be used in calculating the grade point average, except that all grades earned in the third and subsequent attempts will be used in calculating the grade point average. Note: All courses attempted (excluding W, WF) count in gross hours attempted.

Campus Safety and Security

Department of Public Safety The Department of Public Safety is responsible for campus security. The public safety office is located at the main entrance of the campus on University Parkway. The department is open 365 days per year and utilizes public safety officers to patrol campus by automobile and on foot 24 hours per day. A 24-hour dispatch service is also maintained.

Criminal actions, police emergencies, fire emergencies, and requests for ambulance service can be reported by telephoning 439-4480 or 911; by using the direct emergency telephones placed across campus; or in person by stopping by the public safety office. Police non-emergencies can be reported by telephoning 439-6900.

Enforcement Authority Public safety officers are commissioned pursuant to Tennessee Code Annotated, 49-7-118, and the Tennessee Board of Regents (TBR) Policy No. 5:01:07:00. Commissioned public safety officers have all of the police powers necessary to enforce all state laws as well as rules and regulations of the TBR. They are also certified firemen and are first responders to any on-campus fire emergencies. Public safety officers may exercise their authority on all property or facilities owned, leased, or operated by the TBR and the university including any public roads or rights of way which are contiguous to or within the perimeter of such facilities or property.

The Johnson City Police Department furnishes the Department of Public Safety information concerning all offenses which occur off campus at fraternity and sorority houses. The Department of Public Safety coordinates with the Johnson City Fire Department concerning all campus fires.

Crime Reporting The Department of Public Safety provides a crime prevention program entitled "Be Alert, Be Aware." Through this program students, staff, and faculty are encouraged to report any criminal or suspicious activity, and are made aware of the need for everyone to be responsible for their own security and the security of others. When a person files a complaint or applies for assistance, all pertinent information is obtained and is officially documented in an incident report. All incident reports are maintained on file in the public safety office. Reports are acted upon in a judicious manner consistent with departmental procedure. When criminal incidents occur that require multijurisdictional investigation, all applicable agencies are notified. Public safety officers have a close working relationship with the Johnson City Police Department, the Washington County Sheriff's Department, federal agencies, and the First Judicial District Drug Task Force. The Federal Bureau of Investigation and the Tennessee Bureau of Investigation receive monthly statistics from the Department of Public Safety concerning crimes on campus.

Access to Campus The campus and facilities of ETSU are governed by the Tennessee Board of Regents (TBR), and are restricted to students, faculty, staff guests, and invitees of the university, except when part or all of the campus, its buildings or facilities, are open to the general public for a designated time and purpose.

All persons on campus are subject to all rules and regulations of the university and the TBR which are applicable to the conduct of students on campus, and to all applicable federal and state laws and regulations. In addition, all persons who operate motor vehicles on campus agree by such operation to be subject to university and TBR rules, regulations, policies and procedures on traffic and parking.

All persons on campus must provide adequate identification upon request to appropriate officials and security personnel of the university. Personnel and students of the university who refuse to provide such identification may be subject to disciplinary action, and other persons who refuse to provide such identification will be requested to leave the campus, and if they refuse, may be subject to lawful removal and prosecution.

Security and the Maintenance of Campus Facilities The Department of Public Safety conducts a survey of outdoor lighting several times a year. In the months of July and December buildings on the main campus and university buildings located on Veterans Administration property are surveyed for hazardous conditions. Monthly fire extinguisher inspections are performed in all buildings owned or leased by the university. In addition, public safety officers routinely report all hazardous, unsafe and potentially unsafe conditions found to exist on campus.

Residence Hall Access – Students residing in the residence halls are required to follow the Student Housing Rules, Residence Hall Conduct and Disciplinary Sanctions (Residence Hall Student Handbook).

All residence halls with the exception of Davis Apartments, which have outside doors, are secured 24 hours per day. Access is gained through main entrance doors equipped with a card reader which uses the student’s ID card to unlock the door.

The Department of Public Safety and the Office of Housing and Residence Life operate night patrol from approximately 11 p.m. until 5 a.m. each night in the vicinity of the residence hall and residence hall parking lots. These individuals are not police officers but are equipped with two-way radios and have a uniform. Duties include checking for propped doors, checking locked doors, watching for any unusual event, and checking parking lots around the residence halls.

For additional information concerning safety on campus, contact the Department of Public Safety, 423-439-6900, the Office of Student Affairs, 423-439-4210, or the office of Human Resources, 423-439-4457

Security Information Report

East Tennessee State University makes available to prospective students and employees the ETSU Security Information Report. This annual report includes campus crime statistics for the three most recent calendar years and various campus policies concerning law enforcement, the reporting of criminal activity, and crime prevention programs. The ETSU Security Information Report is available upon request from East Tennessee State University, Department of Public Safety, Box 70646, ETSU, Johnson City, TN 37614-1702. The report can be accessed on the Internet at: http://www.etsu.edu/dps/security_report.asp

Sex Offender Registration

The federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002 require that whenever a sex offender becomes employed, enrolls as a student, or volunteers at an institution of higher education in the state of Tennessee, he or she must complete or update the Tennessee Bureau of Investigation (TBI) sexual offender registration/monitoring form and deliver it to TBI headquarters in Nashville. As defined in section 40-39-102 of the Tennessee Code, a "sexual offender" means a person who is, or has been, convicted in the state of committing a sexual offense or who is, or has been, convicted in another state or another country, or who is or has been convicted in a federal or military court, of committing an act which would have constituted a sexual offense if it had been committed in this state. A "sexual offense" means the commission of acts including, but not limited to, aggravated and statutory rape, sexual battery, sexual exploitation of a minor, aggravated prostitution, and kidnapping.

Both acts designate certain information concerning a registered sexual offender as public information and therefore amend and supersede the Family Educational Rights and Privacy Act (FERPA) and other federal and state laws that previously prohibited the disclosure of such personal information. Since the laws require the publication of information pertaining to sexual offenders employed, enrolled, or volunteering at an educational institution, said publication does not constitute grounds for a grievance or complaint under institutional or Tennessee Board of Regents policies or procedures.

Policy on Sexual Assault

East Tennessee State University is dedicated to maintaining an environment which is safe and supportive of its students and employees where relationships are built on honesty, integrity, and trust. Accordingly, ETSU prohibits sexual assault and rape as defined by state law. Actions which result in charges of sexual assault or rape under this policy will be subject to university disciplinary action. They also may subject a student to criminal and/or civil liability under state law.

In an effort to prevent as well as to deal with the aftermath of sexual violence, ETSU has developed a program called Campus Advocates Against Sexual Violence (CAASV). This program, which is housed in the Counseling Center, serves several functions on campus. The first and primary function of CAASV is to serve as an advocate for survivors of sexual violence. As an advocate, a CAASV staff member, with the student's permission, can accompany the assaulted student to the hospital, police station, or courtroom, in addition to providing individual counseling, victim's compensation information, and anonymous reporting opportunities. All services are free and confidential.

Another function of CAASV is to provide prevention and educational information to the campus community about issues involving sexual assault, dating violence, personal safety, and communication skills. Presentations are offered to various student groups, including but not limited to residence halls, classrooms, Greek organizations, and athletic teams. The focus of these presentations is to raise awareness about sexual violence within the community as well as to challenge existing cultural expectations of the sexes.

What To Do If You Have Been Sexual Assaulted

1. Get to a safe place immediately. After experiencing a traumatizing event such as rape, it is important to find a place where you feel comfortable and safe from harm. This location could be a friend's room, the police station, or the local hospital.
2. Call the police as soon as possible. If you are on campus and call 911, Public Safety will respond to your call. If you are off campus and call 911, the local police will respond to your call. By calling the police, you are reporting the crime that was committed against you as well as seeking the protection of the police.
3. Call someone who can be with you. If you do not want to call a friend or a family member to accompany you to the hospital or police station, an advocate from Campus Advocates Against Sexual Violence (439-4841) or an advocate from the Sexual Assault Response Center (928-4710) can respond. (If after 4:30 p.m. or on the weekend, an advocate from CAASV may be contacted through the Public Safety Office (439-4480).
4. Preserve all physical evidence. If possible do not bathe, shower, douche, eat, drink, smoke, urinate, brush your teeth, or change your clothes. Do not disturb anything in the area where the assault occurred. You may destroy evidence. If you have changed your clothes, take the clothes you were wearing at the time of the rape to the hospital in a paper bag. (Plastic may destroy evidence.)
5. Seek medical attention. You may have sustained injuries from the attack or contracted a sexually transmitted disease; therefore, the sooner you seek medical attention the better. The Student Health Clinic can provide medical care during the hours of 8:00 a.m. until 4:00 p.m., Monday through Friday. During non-business hours or for the purpose of evidence collection, the local hospital emergency room is preferred. Emergency room personnel can treat you not only for injuries and sexually transmitted diseases, but also can administer a Physical Evidence Recovery Kit (PERK), which gathers the physical evidence in the event that you decide to pursue an investigation.
6. Seek follow-up counseling. Whether or not you report the assault or prosecute, a trained counselor can help you deal with the emotional trauma of an assault. You may call Campus Advocates Against Sexual Violence at 439-4841 and ask to speak to an advocate. Campus Advocates Against Sexual Violence's services are strictly confidential.

Dealing With The Aftermath: Survivor Assistance

University personnel will assist any student who is the victim of a sex offense in notifying law enforcement, in obtaining medical assistance, and in pursuing counseling. If a student requests a change in her/his academic or on-campus living situation, then the university will accommodate the student's request if those changes are reasonably available.

University Disciplinary Procedures

There are several options available to a student who was assaulted by another student. In addition to bringing charges against the perpetrator in criminal or civil court, the survivor also may seek recourse through the university disciplinary process.

Sexual battery or rape, in addition to being a violation of state law, also is violation of ETSU Student Disciplinary Rules. If a survivor initiates campus disciplinary action, both the accuser and the accused will be informed of the following:

1. The accuser and the accused are entitled to the same opportunities to have others present during a hearing.
2. Both the accuser and the accused will be informed of the outcome of any institutional disciplinary hearing brought alleging a sex offense.

In order to bring charges of sexual battery or rape against another student, a student must initiate the judicial process by contacting the Associate Vice President and Dean of Students or his designee at 439-6129. (For more information about the university disciplinary process, please refer to the section entitled, Policies and Regulations in the student handbook, the Spectrum).

If the accused student is found guilty of the alleged sex offense, suspension or expulsion from the university may occur.

The Accuser's Rights

During the course of the disciplinary proceeding, accusers have the following rights:

1. To meet with the appropriate judicial officer to discuss the disciplinary process.
2. To submit a written account of the alleged incident.
3. To be advised of the date, time, and location of the disciplinary hearing, and to request rescheduling of the hearing for a good cause.
4. To be accompanied by an advisor of the accuser's choosing during the hearing process, although the advisor will not be permitted to speak for the accuser during the hearing.
5. To testify as a witness during the hearing.
6. To decline to testify, with the knowledge that such action could result in dismissal of the university's charges for lack of evidence.
7. To submit a written impact statement to the hearing panel for consideration during the sanctioning phase of the disciplinary process.

Policy On Sexual, Racial, and Other Harassment (Abridged)

General Statement

Sexual harassment and racial harassment have been held to constitute a form of discrimination prohibited by Title VII of the Civil Rights Act of 1964, as amended and Title IX of the Educational Amendments of 1972. Other types of harassment are prohibited by applicable law. An institution or school may be held liable pursuant to Title VII and/or lose federal funds pursuant to Title IX for failure to properly investigate and remedy claims of sexual or racial harassment.

Generally, sexual harassment may be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one of the following criteria is met:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of the individual's employment or of the individual's status in a program, course or activity.
2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions, a criterion for evaluation, or a basis for academic or other decisions affecting such individual.
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience or creating an intimidating, hostile or offensive work or educational environment.

Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurred.

What to Do If You Think You are Being Sexually Harassed

The following are some strategies that an individual, whether student, faculty or staff, might use when confronted with a sexual harassment problem:

1. In circumstances where you think you will not be jeopardizing your personal safety, your job, or your academic status, communicate clearly to the offender that the behavior is not humorous or welcome and should cease immediately.
2. Keep a record of what happened and when it took place. Should there be any witnesses, ask for their names to include in your documentation of the incident.
3. If the harassment continues, or if you choose not to confront the offender directly, you may report the situation to the Affirmative Action Officer, Mary V. Jordan, Office of the President, room 206 Burgin Dossett Hall (Ext. 4211). You may also report the situation to any of the persons listed below who will assist you in preparing charges to be reported to the Affirmative Action Officer.

Associate Vice President and Dean of Students (Ext. 94210)

Associate Vice President for Research and Dean of the Graduate School (Ext. 94221)

Assistant to the President (Ext. 94211)

Assistant to the Vice President for Academic Affairs (94219)

Vice Provost and Chief Student Affairs Officer (Ext. 96129)

Associate Dean of Student Affairs, College of Medicine (Ext. 96269)

Assistant Dean of Student Affairs, College of Medicine (Ext. 96702)

Associate Athletic Director (Ext. 94343)

Custodial Foreman, Physical Plant (Ext. 94445)

Generally, racial harassment is defined as any person's conduct which unreasonably interferes with an employee's or student's status or performance by creating an intimidating, hostile, or offensive working or educational environment. Harassment on the basis of race, color, or national origin, includes offensive or demeaning treatment of an individual, where such treatment is based typically on prejudiced stereotypes of a group to which that individual may belong. It includes, but is not limited to, objectionable epithets, threatened or actual physical harm or abuse, or other intimidating or insulting conduct directed against the individual because of his/her race, color, or national origin. Title VII requires employers to take prompt action to prevent bigots from expressing their opinions in a way which abuses or offends their coworkers.

Generally, harassment on the basis of religion, handicap, or other protected status includes any conduct which has the purpose or has the reasonably foreseeable effect of interfering with an individual's academic efforts, employment, or participation in institutionally sponsored activities. Such harassment also includes any activity which creates an intimidating, hostile or demeaning environment.

Investigation Procedures

The university has adopted procedures which are intended to protect the rights of the aggrieved party as well as the party against whom an allegation of harassment is lodged, as required by state and federal laws. Each charge must be properly investigated and, when warranted, appropriate disciplinary action taken against the individual charged.

In situations that require immediate action, because of safety or other concerns, the institution can take any disciplinary action which is appropriate.

Any student, applicant for employment or employee who believes he or she has been subjected to harassment at an institution or school shall present the charge to the Affirmative Action Officer, Mary V. Jordan, Office of the President, room 206 Burgin Dossett Hall (Ext. 4211). Where the charge of harassment is by one student against another student, the Office of Student Affairs will investigate and resolve the complaint in accordance with student disciplinary procedures.

The Affirmative Action Officer will make every attempt to get the aggrieved party to provide the charge in writing. The charge shall include the circumstances giving rise to the allegations and the dates of the alleged occurrences. The charge shall be signed by the aggrieved individual. However, where the aggrieved individual refuses to sign a written charge, the Affirmative Action Officer will still investigate the allegations, and take appropriate action. Based on the findings of this investigation, the Affirmative Action Officer may take appropriate action which may or may not include additional steps outlined in the policy. (For a complete copy of the university's Policy On Sexual Harassment, contact the Office of Human Resources, room 311 Burgin Dossett Hall.)

Protocol for Responding to Hate Crimes and Bias-Related Incidents

I. Statement of Policy:

East Tennessee State University seeks to provide students, staff and faculty members with a safe and secure learning environment, free of crime and/or violations motivated by discrimination, sexual and other bias-related harassment. ETSU’s Institutional Policy Statement (0240-3-2-.01) specifically addresses student behavioral expectations: University students are citizens of the state, local, and national governments, and of the academic community, and are, therefore, expected to conduct themselves as law-abiding members of each community at all times. Violation of university policy may subject the student to disciplinary action by the institution whether or not such conduct is simultaneously violative of state, local, or national laws.

II. Definition of Terms:

A. Hate Crime

Hate crime, as defined by the U.S. Department of Justice, is one which in whole or part is motivated by the offender’s bias toward the targeted person’s status. Hate crimes are intended to hurt and intimidate individuals, because they are perceived to be different with respect to their race, color, religion, national origin, sexual orientation, gender or disability. These acts of hatred can leave lasting emotional impressions upon their targets as well as upon the entire university community. Hate crimes are by definition Bias-Related Incidents.

B. Bias-Related Incidents

Bias-related incidents are those that constitute an expression of hostility against the person or property of another because of the targeted person’s race, religion, sexual orientation, ethnicity, national origin, gender, age or disability and yet are not criminal acts. ETSU’s Policy On Sexual, Racial, and Other Harassment defines bias-related incidents “as any person’s conduct which unreasonably interferes with an employee’s or student’s status or performance by creating an intimidating, hostile, or offensive working or educational environment.”

III. University Response:

To report a hate crime or other criminal activity on the ETSU campus:

The Department of Public Safety is open 365 days a year and utilizes Public Safety officers to patrol the campus 24 hours per day. A 24-hour emergency dispatch service is also maintained. Criminal actions, police emergencies, fire emergencies, and requests for ambulance service should be reported by telephoning 911, using the direct emergency telephones placed across campus, or by stopping by the Public Safety Office. Police non-emergencies should be reported by telephoning
439-4480. When a person seeks assistance or files a complaint, all pertinent information is obtained and is documented in an Incident Report. Incident Reports are maintained on file in the Public Safety Office. Reports are acted on consistent with departmental procedure:

To report a bias-related incident on the ETSU campus:

If the alleged incident involves a faculty or staff member or an individual not associated with the university, contact the Special Assistant to the President for Equity and Diversity/Affirmative Action Director at 439-4211, Room 206 Burgin Dossett Hall. If the alleged incident involves behavior by one student against another student contact the Associate Vice President and Dean of Students at 439-6129 or stop by the Student Affairs Office on the third level of the Culp University Center.

Persons who are subsequently charged with violation of university policy or student rules will be subject to disciplinary action.

Steps to follow when you have knowledge of a bias-related incident:

1. Immediately document what happened. Complete a written statement and include as much detail as possible. Document where and when the incident occurred including information about the perpetrator(s). Write down the names of witnesses if applicable. Sign and date the document and provide it to the Affirmative Action Director or the Associate Vice President and Dean of Students and the responding Public Safety officer. Note: The targeted person(s) will be asked what role she/he would like to play in responding to the incident. A targeted person may feel uncomfortable about cooperating with an investigation due to fear of retaliation by the perpetrator(s). In all instances, the targeted person will be assured that her/his personal safety and security are important.

2. Retain any physical evidence of the incident, e.g., messages written on doors, physical objects, etc. and provide to the responding Public Safety officer. Request that the Public Safety officer take photographs/photocopies of any evidence.

3. All bias-related incident reports are confidential. Any personal information obtained during the investigation or disposition of the matter will be subject to disclosure only to the extent required by law.

Contact Additional Resources as Appropriate

Call one or more of the following resources as necessary to gain information assistance or support.

Associate Vice President and Dean of Students 439-6129

Counseling Center 439-4841

Affirmative Action Officer 439-4211

Office of Multicultural Affairs 439-6633

Housing and Residence Life 439-4446

Employee Assistance Program 439-5890