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Policies and Procedures Manual

03:02:00 Nondiscrimination on the Basis of Sex in Education Programs and Activities

Revision Responsibility: Executive Director of Human Resources
Responsible Executive Officer: Executive Director of Human Resources

Purpose

It is the intent of the Tennessee Board of Regents that the institutions and area Tennessee Technology Centers under its jurisdiction shall fully comply with Title IX of the Education Amendments of 1972, Sections 799A and 845 of the Public Health Service Act, and Regulations issued pursuant thereto (45 C.F.R. Parts 83 and 86). The following policy and procedures are adopted by the board to assist the institutions in such compliance.

Policy

I. Introduction

It is the policy of the Tennessee Board of Regents that, pursuant to Title IX of the Education Amendments of 1972, Sections 799A and 845 of the Public Health Service Act, and Regulations adopted pursuant thereto, no institution or school shall discriminate on the basis of sex in the education programs or activities of the institution, including health-related training programs. Institutions and schools shall ensure that equal opportunity and nondiscrimination exists on the basis of sex for students in all education programs and activities. Including but not limited to, the following: (1) recruitment and admission; (2) academic, extracurricular, research, occupational training, health-related training, and other education programs; (3) rules on student life activities; (4) housing; (5) facilities; (6) access to course offerings; (7) counseling; (8) financial assistance; (9) employment assistance; (10) health and insurance benefits and services; (11) rules on marital or parental status; and (12) athletics. In addition, in conjunction with Board Policy No. 5:01:02:00, each institution shall ensure that no person, on the basis of sex, is excluded from participation, denied the benefits of, or subjected to discrimination in employment under any education program or activity. Non discrimination in employment on the basis of sex shall include, but not be limited to, the following areas: (1) employment criteria; (2) recruitment and hiring; (3) promotion, tenure, demotion, transfer, layoff, termination, nepotism policies, and rehiring; (4) compensation; (5) job assignments, classifications, and descriptions, lines of progression and seniority lists; (6) leave; (7) fringe benefits; and (8) all other terms, conditions, and privileges of employment.
 

II. Procedures

  1. Designation of Responsible Employee. Each institution shall designate at least one employee of the institution who will coordinate the efforts of the institution to comply with the Acts and the Regulations. The designated employee or employees should have sufficient time and ability to evaluate the compliance efforts of the institution, coordinate such efforts, and investigate complaints by employees or students arising under the Acts and the Regulations. The names of the designated employee or employees of each institution should be submitted to the chancellor.
     
  2. Grievance Procedures. Each institution shall submit to the chancellor proposed grievance procedures which will ensure prompt and equitable resolution of student and employee complaints arising under the Acts or the Regulations.
     
  3. Statement and Dissemination of Policy.
     
    1. Each institution shall designate a policy statement reaffirming the fact that it does not discriminate on the basis of sex in the educational programs or activities which it operates, and that it is required by Title IX of the Educational Amendments of 1972, Sections 799A and 845 of the Public Health Service Act, and 45 C.F.R. Parts 83 and 86 not to discriminate in employment or in admission to education programs or activities. The policy statement shall include the name and address of the employee or employees designated pursuant to item 1, to whom inquiries concerning the application of the above Acts or the Regulations adopted pursuant thereto, may be directed.
       
    2. Each institution shall adopt specific and continuing measures whereby applicants for admission and employment, students, employees, and sources of referral applicants for admission and employment will be notified of the policy adopted pursuant to section (a) of this item. The policy statement adopted pursuant to section (a) of this item shall be published in the following publications:
       
      1. local newspapers
         
      2. newspapers and magazines operated by the institution or by student or alumni groups and;
         
      3. memoranda or written communications to every student and employee of the institution or school.

        In addition, each institution shall include the policy statement in each announcement, bulletin, catalog, and application form which it makes available to any person herein described, or which is used in connection with the recruitment of students or employees.
         
    3. Self-evaluation. Each institution shall submit to the chancellor a written self-evaluation of its current policies and practices and the effects thereof concerning admission and treatment of students, and employment of academic and non-academic personnel working in connection with the institution’s education programs and activities. Each institution shall modify any policies and practices which do not meet the requirements of Title IX, the Public Health Service Act, or the Regulations issued pursuant thereto, shall take appropriate remedial steps to eliminate the effects of any discrimination which resulted from such policies and practices, and shall recommend to the chancellor amendment of any state legislation which inhibits compliance with Title IX, the Public Health Service Act, and the Regulations issued pursuant thereto.
       

III. Sexual Harassment

It is the policy of the Tennessee Board of Regents that pursuant to Title IX of the Education Amendments of 1972 and regulations adopted pursuant thereto, no institution or area Tennessee Technology Center shall condone sexual harassment of students, applicants for employment or employees and each institution and area school shall affirmatively address all allegations of sexual harassment. Compliance with this policy shall be effectuated through procedures established in accordance with Section C.2. of this policy and guidelines issued by the chancellor. 01/15; 05/16