27  Misconduct, Discrimination, and Harassment Based on Sex Including Pregnancy, Sexual Orientation, and Gender Identity/Expression

Approved by President
Effective Date: September 15, 2020
Responsible Division: President
Responsible Offices:  Institutional Equity and Compliance
Responsible Officer:  Assistant to the President for Institutional Equity and Compliance

I. Purpose 

Sexual misconduct and harassment are forms of sexual discrimination prohibited by state and federal law and MTSU. MTSU 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, working, and living atmosphere because such misconduct, discrimination, and harassment undermine human dignity and the positive connection among all people at this University. Any allegation of sexual misconduct, discrimination, or harassment not covered by Policy 29 Title IX Compliance, will be reviewed according to this policy. MTSU will take appropriate steps, as needed, to prevent the recurrence of sexual misconduct, discrimination, or harassment and to remedy any discriminatory effects.

II. Scope

A.  Except as stated in Section II. C. below, 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 MTSU, 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 MTSU 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.

B.  Except as stated in Section II. C. below, this policy applies to all University programs and activities, including, but not limited to, sexual misconduct, discrimination, and harassment in athletics, instruction, grading, University housing, and University employment. This policy applies to alleged violations that occur on University 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 University activity or the mission, processes, and functions of the University. This policy also applies to any off-campus behavior that affects a substantial University interest. A substantial University 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 other