Envision a Violence Free ETSU
Access the ETSU Sexual Misconduct Policy in its entirety in the Undergraduate/Graduate Catalogs at ETSU CATALOGS.
Statement on Amnesty
The university encourages reporting and seeks to make the procedures for reporting transparent and straightforward. The university will generally not seek to hold any student reporting sexual misconduct accountable for associated non sexual misconduct violations of the Student Disciplinary Rules in which the reporting party may have been involved at or near the time of the event, provided that any such violations did not and do not place the health and safety of any person at risk. This means that students reporting sexual misconduct will generally not face disciplinary action due to associated non sexual misconduct violations (e.g. underage drinking). However, if a reporter is to be held accountable for his/her own misconduct, such violations will be reviewed in conduct proceedings separate from the sexual misconduct proceedings.
ETSU encourages the prompt reporting of sexual misconduct and its prompt resolution through university procedures.
We encourage the submission of your complaint in writing and the following Discrimination/Harassment Complaint form may be used: http://www.etsu.edu/humanres/documents/PPPs/discriminationharassmentcomplaintform.pdf
Where the charge of harassment is by one student against another student, the Office of the Dean of Students/Student Affairs, D.P. Culp University Center, will designate a trained investigator(s) to resolve the complaint in accordance with appropriate student procedures.
Students may choose to utilize the following online reporting feature to submit a written complaint: https://etsu-advocate.symplicity.com/public_report/index.php/pid953801?
Other charges not relating to complaints against students should be directed to the Senior Special Assistant to the President for Equity and Diversity, 206 Burgin E. Dossett Hall, who will designate a trained investigator(s) to resolve the complaint and make recommendations to the president regarding their resolution, following the procedures set forth in this document.
Students, residents, and employees of the College of Medicine may contact the Assistant Dean, Women in Medicine, 003 VA Building 2. The Assistant Dean, Women in Medicine, will designate a trained investigator(s) to resolve the complaint in consultation with the Senior Special Assistant to the President for Equity and Diversity.
All reports of sexual misconduct will be handled in confidence to the extent allowed by law. The information reported will be shared only with those university employees who will assist in the investigation and/or resolution of the complaint.
Despite ETSU's strong interest in having complainants of sexual misconduct come forward, the university realizes that not every student is prepared to report. If you are a complainant of sexual misconduct but are not ready to inform the university, you are encouraged to contact the ETSU Counseling Center. The Counseling Center is bound by separate laws of confidentiality and will not inform other members of the university of your contact under most circumstances, unless there is an imminent safety concern, or as otherwise required by law. At your request, the counselor will report the incident for inclusion in the annual safety report without relaying any identifying information. In this way, the campus can accurately report the number of sexual assaults which have occurred, while protecting your right to privacy.
ETSU takes sexual violence and misconduct very seriously. An anonymous online form is available for reporting purpose. This form is used to understand the campus climate at ETSU, to gather information regarding incidences of sexual and dating violence of our students on or around the campus, and to help ETSU staff plan a response to violence in our community. If you know of a violation or wish to report a personal experience, you may fill out and submit the online form (Bucs Report It/Silent Witness Form) via Public Safety at: http://www.etsu.edu/dps/bucsreportit.aspx
PLEASE NOTE: Completing this form does NOT constitute a police report nor a student conduct report. You will NOT be contacted by the university unless you indicate a desire to be contacted and provide your name and contact information.
The following procedures are intended to protect the rights of the aggrieved party (hereinafter, 'the Complainant') as well as the party against whom the harassment complaint is lodged (hereinafter, 'the Respondent'), as required by state and federal laws. Each complaint will be properly and promptly investigated and, when warranted, appropriate disciplinary action taken against the Respondent.
The ETSU Office of University Counsel (hereinafter, Legal Counsel) shall always be consulted prior to investigation. Legal Counsel will be kept informed during the investigation. In situations that require immediate action because of safety or other concerns, the university may take any administrative action which is appropriate; e.g., administrative leave with pay pending the outcome of the investigation. Students may be placed on interim suspension under the appropriate circumstances pending the outcome of the investigation. Legal Counsel must be contacted before any immediate action is taken.
Complaints must be brought within 365 days of the last incident of harassment. Complaints brought after that period will not be pursued absent extraordinary circumstances. The determination of whether the complaint was timely or whether extraordinary circumstances exist to extend the complaint period must be made in conjunction with Legal Counsel.
Every attempt will be made to obtain a written complaint from the Complainant. The complaint shall include the circumstances giving rise to the complaint, the dates of the alleged occurrences, and names of witnesses, if any. The complaint shall be signed by the Complainant. However, when the Complainant refuses to provide or sign a written complaint, the matter will still be investigated to the extent possible, and appropriate action taken. Complaints made anonymously or by a third party must also be investigated to the extent possible.
If the complaint does not rise to the level of harassment, the complaint may be dismissed without further investigation after consultation with Legal Counsel. The Complainant should be informed of other available processes such as the employee grievance/complaint process or a student non-academic complaint process.
Legal Counsel shall be notified of the complaint, whether written or verbal, as soon as possible after it is brought to the attention of the Investigator, and the investigation shall be conducted under the direction of Legal Counsel. All investigatory notes and documents shall be attorney work products. The Investigator shall notify the President that an investigation is being initiated.
When the Respondent is a student, the Office of the Dean of Students/Student Affairs or Associate Dean, Women in Medicine for medical students, will designate a trained investigator(s) to resolve the complaint in compliance with the procedures outlined in this policy. If a finding of a violation is made, any resulting disciplinary action will be undertaken in compliance with the university's student disciplinary procedures.
When a student is involved as the Complainant, the Respondent, or an individual interviewed, all documentation referring to that student shall be subject to the provisions and protections of the Family Educational Records and Privacy Act (FERPA and Tennessee Code Annotated Section 10-7-504(a)(4), which require that certain student disciplinary records are subject to disclosure pursuant to a public records request.
The Investigator(s) shall notify the Respondent in writing within five (5) working days of receipt of the complaint. The Respondent shall respond in writing to the complaint within five (5) working days following the date of receipt of the Investigator's notification.
If either the Complainant or the Respondent is a student, the Investigator should communicate the prohibition against disclosure of personally identifiable information with regard to the student, based on FERPA.
It is against University policy to discriminate against any member of the University community on the basis of sex or race. Harassment based on sex or race is a form of discrimination.
These procedures may be utilized by any employee, applicant for employment, or student who believes he or she has been subjected to sexual or racial harassment. Former employees or students may file complaints concerning conduct which took place during the time of employment or enrollment, provided the complaint is filed in a timely manner, and the conduct has a reasonable connection to the University.
All faculty members, students and staff are subject to this policy. Any faculty member, student or staff found to have violated this policy by engaging in behavior constituting sexual or racial harassment will be subject to disciplinary action which may include dismissal, expulsion, or termination, or other appropriate sanction.
All faculty and staff members are required to cooperate with investigations of alleged sexual or racial harassment. Failure to cooperate may result in disciplinary action being taken up to and including termination. Students are also required to cooperate with these investigations; failure to do so may result in disciplinary action up to and including expulsion.
An individual reporting sexual misconduct will not face conduct repercussions for associated non sexual misconduct violations (See Statement on Amnesty) and is entitled to protection from retaliation for a report that is made in good faith, even if it is determined that the information was wrong or cannot be proven.
A good-faith complaint that results in a finding of not responsible is not a false or fabricated accusation of sexual misconduct. The university takes the validity of information very seriously. A fabricated accusation of sexual misconduct is an especially serious violation of the Student Disciplinary Rules.