Students are responsible for their own conduct, and violations of established rules and regulations may subject them to disciplinary measures or dismissal. Tennessee College of Applied Technology complies with the Tennessee Board of Regents Policy 3:02:00:01 Subject: General Regulations on Student Conduct and Disciplinary Sanctions and the Tennessee College of Applied Technology Student Discipline Policy.

policies.tbr.edu/policies/general-policy-student-conduct-disciplinary-sanctions

Tennessee College of Applied Technology operates under the premise of academic integrity. The policy prohibits plagiarism and other forms of academic cheating. It is the instructors’ responsibility to create an environment in which academic integrity is expected. It is the students’ obligation to conduct themselves in a manner consistent with expectations for academic integrity. The full policy statement on Academic Integrity is set out in the TBR Student Conduct and Disciplinary Sanctions Policy and TCAT Student Discipline Policy.

https://policies.tbr.edu/policies/general-policy-student-conduct-disciplinary-sanctions 

All students acknowledge the Acceptable Use Policy for Information Technology each time they log on to a school computer. Compliance with this policy is necessary to ensure the security and performance of Tennessee College of Applied Technology computer resources and a proper learning environment. Strict adherence to this policy will prevent costly damage, need for equipment/system repairs, system downtime, and/or loss of computer privileges. The Tennessee College of Applied Technology’s Acceptable Use Policy.

IMPORTANT NOTE: Any person who violates this policy will be subject to appropriate disciplinary action.

https://policies.tbr.edu/policies/it-acceptable-uses-formerly-g-054

Materials published by the Tennessee College of Applied Technology are protected by the Digital Millennium Copyright Act. The DMCA also requires that the institution inform all computer and network users that downloading of copyrighted material is prohibited. In addition, Tennessee Code Annotated §49-7-1(c) specifies that the institution ensure that no copyrighted digital music or videos be downloaded using institutional resources. Any attempts to do so will result in appropriate disciplinary sanctions. Violations of the policy will result in corrective action by the appropriate institution office. Students who violate this policy will be referred to the Student Services Coordinator for appropriate action. Employees who violate this policy may be subject to disciplinary measures imposed by their supervisor in conjunction with the institution's administration. Violations of local, state, or federal laws regarding unlawful access or use may be referred to the appropriate law enforcement officials for investigation and/or prosecution.

Copyright General Information

Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code) to creators of "original works of authorship" including literary, dramatic, musical, artistic, and other published and unpublished works, when "fixed in a tangible form of expression." Protections last for the term of the author's life plus 50 years after death. It is illegal for anyone to violate any of the rights provided to the owner of a copyright. The Copyright Act (1976) contains provisions permitting the award of monetary damages against individuals who infringe on copyrighted material. In civil cases, the law allows the assessment of actual damages or statutory damages. For each infringement, statutory damages range from $250 to $10,000. Sections 107-118 of the Copyright Act also establish exempt uses of copyrighted materials and thus relief from liability. One major limitation is the doctrine of "fair-use" which is given statutory basis in Section 107 of the Act.

The U.S.A. Patriot Act authorizes law enforcement agencies, acting pursuant to a valid court order, to compel personnel to disclose otherwise confidential information about their student educational records, electronic communication including e-mail; their computer access of the internet and other network databases; and/or records of their telephone usage.

Faculty, students, and visitors are expected to comply with all campus parking and speed regulations as well as all state laws, county and municipal ordinances governing traffic/parking in their locality. State and local law enforcement authorities will enforce those provisions on the Tennessee College of Applied Technology campuses. Violators may also be subject to disciplinary action in accordance with the Tennessee College of Applied TechnologyStudent Disciplinary Policy governing student conduct and disciplinary sanctions. This policy is promulgated pursuant to, and in compliance with, TBR Policy 3:02:00:01(V) Traffic and Parking.

https://policies.tbr.edu/policies/general-policy-student-conduct-disciplinary-sanctions

Authority: Tenn. Code Ann. § 40-8-203

The fine for disabled/handicapped parking violations is established by State law and will increase, as needed, to remain in compliance with State law. This rule supersedes all rules or notices regarding fines for disabled/handicapped parking violations at any TBR Institution. The fine for disabled/ handicapped parking violation is $200.00 or as prescribed by state law.

The College is not responsible for the security of, loss, or damage to, any vehicle or its contents while on campus. Students are requested to report any incidents, unusual occurrences, or concerns regarding their vehicles on Tennessee College of Applied Technology property to the Tennessee College of Applied Technology administration.

All students and employees are required to report any criminal offenses or activities that occur on the main campus, extension campus, or instructional service centers. Tennessee College of Applied Technology employee report them to Tennessee College of Applied Technology administration immediately for appropriate action. Tennessee College of Applied Technology students report them to their instructor, Student Services personnel or any Tennessee College of Applied Technology administrator.

The College maintains statistical data regarding certain crimes committed on College-controlled property. The annual Campus Security Report contains offenses reported for the previous year. The Annual Security Report can be found online. Students may request a paper copy of the Report at the Student Services Office. Students may also request to view the campus crime log. Questions or concerns regarding campus security matters may be directed to the Tennessee College of Applied Technology administration.

The Tennessee Bureau of Investigation maintains information and statistics on crimes reported on all educational campuses in Tennessee. That report can be found at https://www.tn.gov/tbi.html. Printed copies are available in Student Services. The specific crime(s) for TCAT Harriman and the number of incidences that were reported for the 2020 reporting year are as follows:

Pursuant to T.C.A. §Title 40-39-201, the Tennessee College of Applied Technology furnishes its students with a link to the state of Tennessee's sex offender registry: https://sor.tbi.tn.gov/SOMainpg.aspx. The information contained in the registry has been provided to registering agencies and the Tennessee Bureau of Investigation by the offender and is based upon information provided by the offender. Offenders may have moved without notification. This information may be used to determine whether an individual registered at this site is employed or enrolled as a student at the Tennessee College of Applied Technology only and should not be used in any manner to injure, harass, or commit a criminal act against any person named in the registry. Any such action could subject you to discipline by the Tennessee College of Applied Technology and/or criminal prosecution.

In accordance with the Drug-Free Workplace Act of 1988 (Public Law 100-960) and the Drug-Free Schools and Communities Act of 1989, the Tennessee College of Applied Technology prohibits the unlawful use, manufacture, possession, distribution, or dispensing of "controlled substances", as defined in the Controlled Substance Act, 21 U.S.C. 812, and alcohol on school property. All employees and students are subject to this Act. Any violation of this policy will result in appropriate disciplinary action.

In addition to any program-specific policy, in compliance with the requirements of the Drug-Free Campus & Workplace Act and to maintain a safe environment conducive to both work and learning, the Tennessee College of Applied Technology specifically prohibits the unlawful use, manufacture, possession, distribution or dispensing of alcohol or illegal drugs, the misuse of legally prescribed or "over the counter" drugs or being under the influence of alcohol or drugs in its facilities and programs. Pursuant to this policy, and where "reasonable suspicion" exists that a student or employee is "under the influence" of alcohol or a controlled substance while on campus or engaged in any Tennessee College of Applied Technology related activity, the Tennessee College of Applied Technology may require that individual to submit to a test to determine the presence of alcohol or controlled substances.

For the purposes of this policy, "reasonable suspicion" means suspicion based on specific and articulable facts, taken together with rational inferences from those facts that give rise to the conclusion that an individual is under the influence of alcohol or a controlled substance(s). "Under the influence" means that an individual's judgment or motor coordination is impaired due to the presence or use of alcohol or a controlled substance(s), including prescription medication(s).

When it has been determined that a reasonable suspicion exists that an individual is under the influence of alcohol and/or a controlled substance, he/she may be required to submit to a test to determine whether the individual is actually under the influence. An individual who refuses to undergo testing when reasonable suspicion has been determined to exist, will be found to have violated this policy and will be subject to appropriate disciplinary action. Additionally, any person who tests positive for being under the influence of alcohol or a controlled substance(s) in violation of this policy will be subject to appropriate disciplinary action. The cost of reasonable suspicion drug testing is the responsibility of the individual being tested.

Pursuant to, and in supplement of, the laws of the State of Tennessee (Public Chapter 410, "Non-Smoking Act) and TBR Policy No. 1:07:00:10, the following smoking policy applies to all persons at Tennessee College of Applied Technology Harriman:

Smoking will not be permitted in any administrative or faculty office, shop, classroom, school vehicle, or laboratory at any time. All smoking must be done in designated outside areas that are located at least 25 feet away from any entranceway or window(s). All buildings and the main breezeway between the shop areas are smoke-free environments. The use of electronic or e-cigarettes and smokeless tobacco will be treated the same as traditional tobacco products for purposes of this policy.

Smoking and the use of smokeless tobacco is also prohibited in the following designated locations:

                 1. As listed above.

Persons violating this policy will be subject to disciplinary action up to and including the termination of employment or enrollment at the Tennessee College of Applied Technology Harriman. Visitors violating the policy will be asked to stop their violation. If a visitor refuses to comply with the policy after being instructed to stop will be escorted off the premises.

The instructor of each program may permit smoke breaks as deemed appropriate, but shall not interfere with the daily schedule, College policy and/or shall not be permitted in an area that is prohibited by this policy or that will present a safety hazard. Receptacles will be provided for this purpose and all persons are expected to properly dispose of their cigarette butts.

The Tennessee College of Applied Technology Harriman's Drug and Alcohol Abuse Prevention Program addresses three major concerns:

1. The maintenance of an environment in which students can learn and be safe,
2. Help for students whose development or performance is threatened by abuse of drugs or alcohol, and
3. The enforcement of policies and laws regarding possession or use of drugs or alcohol on campus.

What Is Addiction?

When a drug user cannot stop taking a drug even if s/he wants to, it is called addiction. The urge is too strong to control, even if you know the substance is causing harm.

Addiction is a chronic, often relapsing, brain disease that causes compulsive drug seeking and use, despite harmful consequences to the addicted individual and to those around him or her. Although the initial decision to use drugs or alcohol is voluntary for most people, the brain changes that occur over time challenge an addicted person's self-control and hamper his or her ability to resist intense impulses to use drugs or alcohol.

Addiction can become more important than the need to eat or sleep. The urge to get and use the drug can fill every moment of a person's life. The addiction replaces all the things the person used to enjoy. A person who is addicted might do almost anything-lying, stealing, or hurting people-to keep taking the drug. This could get the person arrested.

Addiction is a disease, just as diabetes and cancer are diseases. Addiction is not simply a weakness. People from all backgrounds, rich or poor, can get an addiction. Addiction can happen at any age, but it usually starts when a person is young.

Statement of Health Risks

Abusing drugs or alcohol interferes with the body's normal functioning. Because drugs directly affect many parts of the brain, abuse can lead to problems with learning, sleeping and emotional health. Abuse can also lead to permanent damage of vital organs such as the brain, heart and liver and be manifested by heart attack, stroke, blood clots, lung damage, liver damage, cancer, and sudden death.

Individuals who suffer from addiction often have one or more accompanying medical issues, including lung and cardiovascular disease, stroke, cancer, and mental disorders. Imaging scans, chest X-rays, and blood tests show the damaging effects of substance abuse throughout the body. For example, tests show that tobacco smoke causes cancer of the mouth, throat, larynx, blood, lungs, stomach, pancreas, kidney, bladder, and cervix. In addition, some drugs of abuse, such as inhalants, are toxic to nerve cells and may damage or destroy them either in the brain or the peripheral nervous system.

Even small doses of drugs and alcohol can significantly impair judgment and coordination. This is especially true in a person's ability to safely drive a vehicle or operate other machinery. Moderate doses may increase incidents of aggressive acts like spouse or child abuse. High doses can cause respiratory depression and death.

Fetal alcohol syndrome is a common problem of babies and infants born to mothers who drink alcohol during pregnancy. These infants can have mental retardation and irreversible physical abnormalities. Children born to alcoholic parents are at a greater risk of becoming alcoholics.

Sources: U.S. Department of Health and Human Services, National Institute of Drug Abuse; Tennessee Code Annotated.

Prevention Assistance

Drug and alcohol addiction are preventable diseases. Effective education and outreach programs can lead to reduced instances of abuse. Abuse can be prevented if one never uses drugs.

It is the policy of the College to prohibit the illegal use, abuse, manufacture, possession, sale, or distribution of alcoholic beverages or any controlled substance, including any stimulant, depressant, narcotic, hallucinogenic drug or substance, or marijuana on College-owned, controlled, or leased property. Such use, solicitation, sale, or distribution is prohibited during any school-related activity, including off-campus trips. All students are subject to applicable federal, state, and local laws related to this matter. In addition, any violation of this policy will result in disciplinary actions as set forth in the Student Conduct Policy and Disciplinary Sanctions section of this Handbook. Students are also subject to arrest and prosecution by civil authorities for violation on campus.

College personnel will seek to identify abuse problems and provide immediate intervention and assistance. The College will assist any individual whose mental or physical health is threatened by the use or abuse of alcohol or drugs. The College counselor can refer individuals to community resource centers for abuse counseling and rehabilitation.

Following is a list of area resources:

• Ridgeview Behavioral Health Services
  • main number (865) 481-6170
  • crisis number (865) 481-6175.
• Roane County Anti-Drug Coalition (865) 224-0205.
• National Institute on Drug Abuse Hotline 1-800-662-4357.

Further information is available in the Student Services Coordinator's office.

Sanctions - Unlawful Possession or Distribution

The Tennessee College of Applied Technology and all Tennessee Board of Regents institutions have prohibitions against the possession and/or use of drugs and alcohol on property controlled by the Tennessee College of Applied Technology or while participating in a Tennessee College of Applied Technology sponsored program. (Please see disciplinary policies and procedures concerning student conduct listing in the Tennessee Board of Regents Policies (TBR) and Guidelines for Tennessee College of Applied Technology section of this handbook).

Various federal, state, and local statutes make it unlawful to manufacture, distribute, solicit, dispense, deliver, sell, or possess with intent to manufacture, distribute, solicit, 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, whether death or serious bodily injury results from the use of such substance, and whether any other crimes were committed in connection with the use of such substance. Possible maximum penalties for a violation of federal/state laws prohibiting the use/distribution of drugs/alcohol include imprisonment, up to a term of life imprisonment, and fines in excess of $1 million. In addition, employees/students found to be in violations of federal or state laws regarding the use/distribution of drugs/alcohol may be subject to disciplinary action up to, and including, termination of employment or enrollment at the Tennessee College of Applied Technology.

Student activity programs are designed to provide information and resources, which will assist students in career and life planning. The Student Services Department is always receptive to student suggestions and requests regarding any activities that students want to organize such as job fairs, health fairs, financial aid workshops, and professional development. All students are encouraged to participate in these planned activities.

National Technical Honor Society

National Technical Honor Society (NTHS) is the acknowledged leader in the recognition of outstanding student achievement in career & technical education. Thousands of schools and Colleges are affiliated with the Society. Member schools agree that NTHS encourages higher scholastic achievement, cultivates a desire for personal excellence, and helps top students find success in today's highly competitive workplace.

Mission: To honor student achievement and leadership, promote educational excellence, and enhance career opportunities for the NTHS membership.

Vision: To be the leader in providing recognition for excellence in career and technical education and creating significant occupational opportunities for America's top workforce education students.

SkillsUSA

SkillsUSA is an applied method of competition and instruction for preparing America's high-performance workers in public career and technical programs. It provides quality education experiences for students in leadership, teamwork, citizenship, and character development. It builds and reinforces self-confidence, work attitudes and communications skills. It emphasizes total quality at work-high ethical standards, superior work skills, life-long education, and pride in the dignity of work. SkillsUSA also promotes understanding of the free-enterprise system and involvement in community service.

Mission: SkillsUSA's mission is to help its members become world-class workers, leaders, and responsible American citizens.

Student Government Association

The Student Government Association (SGA) allows active student participation in the affairs of the College and serves as the student leadership of the Tennessee College of Applied Technology. The purpose of the SGA is to promote and maintain active communication between the students, faculty, and administration, and to provide a means for members of the student body to express themselves effectively in the development and maintenance of the College programs which affect them.

Student Veterans Association

The Student Veterans Association (SVA) allows active student participation in the network of support to veterans. The purpose of the SVA is to:

• Provide a network of support to military veterans, their families, and civilian supporters.
• Educate the community about the experiences of military veterans.
• Work with the College administration to meet the needs of student veterans and prospective student veterans.
• Cultivate student veterans' concerns through scheduled meetings, advocacy, social and recreational activities.
• Foster esprit de corps among student veterans and promote an understanding of student veteran issues.

Student Services

Educational. The staff assists applicants in selecting an area of training based upon his/her abilities, interest, and goals.

Personal Counseling. The staff will provide individual counseling services to students who are experiencing personal, academic, attitude, or financial problems. The staff may recommend outside agencies specially trained to assist students in specific personal problems. All matters will be treated individually and on a confidential basis.

Job Placement. Tennessee College of Applied Technology is dedicated to our graduates finding employment upon completion of training. The department maintains very close contact with industry and the state employment security office and can place a large percentage of students in employment upon completion of training. The placement of graduates is a primary concern of each instructor and College personnel. Also, the student must fully participate in the job-seeking process. Transcripts are available to the student or to agencies upon request. A transcript request form can be completed in the Student Services Department. Placement rates are continually evaluated and reported to our accrediting agency and the Tennessee Board of Regents. Placement rates are evaluated and utilized to monitor the effectiveness and continuation of all programs.

Follow-Up. An effort is made to keep in touch with graduates after entering employment to determine their success and to make the training more relevant to the needs of new students and industries. All graduates are requested to keep the school informed as to their employment and any changes in employment. Surveys and student follow-up studies are made to determine if changes need to be made in meeting these needs. Employers, College personnel, and others are involved in follow-up efforts to assess and/or improve program curriculums and serving the needs of each student. It is very important for students, faculty, and staff to recognize the importance of all responses to follow-up surveys as a means of evaluating, improving, and funding the program offerings at the Tennessee College of Applied Technology. Graduates are normally considered for "entry-level" employment in their respective occupations. A certificate of completion may be awarded to any preparatory student who reaches a payroll job proficiency level and to any supplemental student who completes objectives for upgrading necessary skills and knowledge. A diploma may be awarded to each preparatory student who demonstrates satisfactory proficiency in a complete course of study.

Limited English Proficiency. The Tennessee College of Applied Technology follows TBR policy in admission and delivery of services to those students with Limited English Proficiency (LEP). The Tennessee College of Applied Technology makes use of a language identification card to determine the language of LEP individuals who present themselves at a campus location seeking information. The institution is a subscriber to the state of Tennessee-contracted Linguistica International for outside interpreter service.

For a complete list of offerings at that the Tennessee College of Applied Technology please contact the Student Service Coordinator.

This institution does not have a formal alumni organization. However, all graduates are considered Tennessee College of Applied Technology alumni and are encouraged to provide any feedback to the College as deemed appropriate and respond to follow-up forms as received. The College also encourages its alumni to provide community support to the College and visit the College periodically.

Career guidance is the primary service offered to students by the Student Services Office to assist each applicant who desires or expresses an interest in pursuing a course of study in this College. Student Services personnel will assist the applicant in choosing a training program through an evaluation of the applicant's work experience, interests, test scores, and previous education.

Student Services personnel are responsible for guidance to those currently enrolled students who may decide to change their original career choice. In addition, the student may make personal problems or conflicts known to a member of the Student Services Office who will endeavor to help the student with alternatives to successfully solve or adjust to the problem. If appropriate or necessary, the student will be referred to an agency that has been established to meet specific needs of the individual. By providing career assessment, academic, and personal counseling, the Student Services Office functions for the benefit of helping applicants, students, and graduates to develop their employment potential and reach their intended career goals. Students need not have an appointment or schedule a specific time in advance, but in some cases, it is advisable. Instructors will cooperate with the students in allowing and encouraging the use of the Student Services Department.

Telephones in the College offices are for College business only. Except for emergency situations, students will not be called from class to receive incoming calls. The College is not staffed to handle calls or take messages from family, friends, etc. Students must advise friends and family of this procedure. Students are not permitted to use office or classroom phones except for emergencies. Cell phone and other electronic devices should be silenced during training hours.

Students leaving the College are requested to complete an exit interview form. This questionnaire will provide useful information to the College regarding the quality of programs, instructional equipment, our services, and student employment information. Before leaving the College, the student should obtain an exit interview form (hard copy or electronic) from the Student Services Office or the instructor. 

A breakroom area with vending machines is provided on the main campus for use by students for scheduled breaks and lunches.

Inclement weather, especially winter ice and snow, occasionally make it difficult for students to attend school. The faculty and staff of the Tennessee College of Applied Technology Harriman are concerned with the safety of each student during inclement weather. The Tennessee College of Applied Technology Harriman will take one of four steps during inclement conditions:

1. Remain open as normal.
2. Close completely with the day(s) being made up within the same term at the direction of administration and approved by TBR.
3. Operate on a modified school schedule since so often many roads are usually clear by mid-morning.
4. Classes will be dismissed at any time during the training day or evening if weather conditions deem it necessary.

In the event of snow, ice, or other severe weather conditions, students should use their own judgment in deciding whether to travel to school. It will be the responsibility of the student to provide documentation for unusual and extenuating circumstances.

When weather conditions are severe, information regarding College closing will be provided for announcement to the following at the earliest possible:

• Student Notification System 
• www.tcatharriman.edu
• Local TV stations

​Do not confuse announcements regarding the Tennessee College of Applied Technology Harriman with Community Colleges, Universities, or Public Schools. A cancellation of day classes does not mean that night classes will also be canceled, or vice versa. Any instructional time, which is lost due to College closures, may be made-up at the end of the term in which the closure occurs. Generally, the break period between Fall term and Spring term will be used to make up any missed days.

The Tennessee College of Applied Technology is required to comply with the Tennessee Occupational Safety Health Act, P.L. 91-596 of 1970, Standards, which require all persons to understand the safety and health requirements of their specific area of training/employment as well as any other current safety directives as dictated by local health and state agencies. Each student will receive instruction in safety upon enrolling and is required to comply with all safety requirements of the Tennessee College of Applied Technology. No student will be permitted to use any machine or training equipment without permission from the instructor. Safety glasses are required to be worn in certain shops. In some training areas, safety glasses, protective clothing and footwear are required. At all times and in all training areas, students are required to wear proper attire as defined in this policy and by program Instructors. Anyone wishing to report a safety hazard may contact their instructor, the President, or any other member of Tennessee College of Applied Technology staff.

The Tennessee College of Applied Technology complies with the Hazardous Communication Standard by making available in each classroom Safety Data Sheets which provide information about hazardous chemicals known to be on campus. Safety Data Sheets also explain the risks, precautions, and potential solutions for exposure(s) to hazardous materials in both normal and emergency situations. Safety instructions will be given during every course, and each student must pass tests to determine comprehension of these instructions. Safety glasses and goggles must be worn in all shops. Violation of safety policies or instructions may result in disciplinary action up to and including suspension or expulsion from the College.

Everyone at the Tennessee College of Applied Technology is responsible for fire prevention. Careful compliance with safety regulations is required to prevent fires. Emergency drills (i.e., fire, tornado, etc.) are conducted periodically to keep all College personnel and students alert and responsive in case of emergency and to provide frequent testing and proper use of all emergency equipment. The safety of students and employees are vital to administration. All students should familiarize themselves with the plans, locate emergency exits, tornado shelters, and must actively participate in any drills.

Students are to comply with all directives from College officials and emergency services personnel in the event of an emergency. Once a report of an emergency has been received, the Tennessee College of Applied Technology makes use of an emergency notification system that alerts students and staff through email, phone calls and texts. To ensure receipt of such alerts, students must notify Student Services of any changes and update their contact lists. Periodically, the Tennessee College of Applied Technology - sends a test message through its emergency notification system. With all safety related messages, students and employees are encouraged to take responsibility for their own security and the security of others.

The Tennessee College of Applied Technology complies with the federal Clery Act concerning campus security, prevention programs and reporting. All students and employees are required to report any criminal offenses or activities which occur on campus to the school administration immediately for appropriate action. The school maintains statistical data regarding certain crimes committed on school-controlled property. This data may be obtained from Student Services upon request and accessed on the Tennessee College of Applied Technology website.

The Tennessee College of Applied Technology reserves the right to tow any vehicle that is improperly parked or abandoned. Any fees associated with towing will be the responsibility of the owner/driver of the vehicle.

Pursuant to T.C.A. §§39-17-1309 and 39-1751 and TBR Policy No. 7:01:00:00, possession of firearms on Tennessee College of Applied Technology property is prohibited and may subject an individual to arrest/prosecution and/or disciplinary action, subject to the following exceptions:

1. Adult full-time employees who possess a valid handgun carry permit may possess a firearm on institutional property, if;

a. The individual has registered with the law enforcement agency with jurisdiction over the campus, which is the employee’s regularly designated worksite,

b. The firearm is concealed on their person or within their immediate control, and

c. The individual does not disclose the fact that they are carrying a firearm to any person.

2. Adult full-time employees who possess a valid handgun carry permit may store a firearm and/or ammunition in their motor vehicle if the handgun ammunition is securely stored out of ordinary vision and is not handled by the adult or any other person, other than for purposes of complying with this policy, while the vehicle is on institution property.

3. Students may never carry or possess a firearm on Tennessee College of Applied Technology property unless permitted by a specific statutory exception.

4. Adult visitors to the Tennessee College of Applied Technology may possess a firearm on campus if it is securely stored and out of ordinary sight inside a motor vehicle.

5. The Tennessee College of Applied Technology will not take any adverse disciplinary action against any person for possession/carrying a handgun on institution property if they remain in compliance with T.C.A. §39-17-1309(e)(9), T.C.A. §39-17-1313, TBR policy, and Tennessee College of Applied Technology policy.

6. Violations of these laws and policies will result in the appropriate legal and disciplinary action. Please TBR policy 7:01:00:00, linked above, for more detail regarding the applicable laws and policy requirements regarding the possession of firearms on campus.

https://policies.tbr.edu/policies/firearms-and-other-weapons

TCAT Harriman complies with TBR Policy No. 6.03.00.00 regarding Sexual Misconduct. All other forms of sex discrimination including sexual harassment are also strictly prohibited. Allegations that are not within the scope of this policy are subject to the procedures described in TBR Policies 6.01.00.00 & 6.02.00.00 and TBR Guideline P- 080 located at https://policies.tbr.edu/policies/sexual-discriminationharassmentmisconduct.

1. Prohibition of Sexual Misconduct and General Information

   1. ​ Sexual Misconduct is a form of sex discrimination prohibited by Title IX. TCAT Harriman is committed to eliminating any and all acts of Sexual Misconduct. As set forth in this policy, Sexual Misconduct includes Title IX Sexual Harassment, Dating Violence, Domestic Violence, Stalking, and Sexual Assault. TCAT Harriman strictly prohibits these offenses. For purposes of institutional policies, a reference to the institution includes the TBR System Office for any complaints, investigations, adjudications, and other proceedings that involve the TBR System Office. 
      1. Because Sexual Misconduct is a subset of the broader category of sexual harassment, not all sexual harassment allegations will be handled according to this policy. Allegations of sexual harassment that do not fall within the more limited definition of Sexual Misconduct or otherwise do not meet the criteria for filing a Formal Complaint will be handled in accordance with TBR Guideline P-080 and institutional policy.
   2. With respect to allegations of Sexual Misconduct against faculty and staff in which a student is not the Complainant, additional laws and policies apply, most notably Title VII and anti-discrimination policies. In such situations and absent unusual circumstances, the Complainant may file a Formal Complaint pursuant to this policy or proceed pursuant to TBR Guideline P-080 and the appropriate institutional policy.
   3. With respect to allegations of Sexual Misconduct in which a student is either a Complainant or Respondent and meets the criteria for filing a Formal Complaint, absent unusual circumstances, pursuing a Formal Complaint pursuant to this policy will be the appropriate method of addressing the allegations.
   4. Upon receiving and assessing a report of Sexual Misconduct and/or sexual harassment, the Title IX Coordinator will decide whether the criteria for proceeding under this policy are met and whether another policy may apply. If there is a possibility of proceeding pursuant to TBR Guideline P-080 and another institutional policy, the Title IX Coordinator will explain the options.
   5. In addition to conduct by students, faculty, and staff, this policy applies to conduct by third parties. An example of a third party is a vendor with whom the institution contracts to provide services.
   6. This policy applies to all students and employees, regardless of sexual orientation or gender identity. Title IX Coordinator Complaints of Sexual Misconduct (or any sexual harassment or sex discrimination) should be made to:

      ---

      TCAT Harriman Title IX Coordinator
      Sandy Aston-Wash. Student Services Coordinator
      1745 Harriman Highway, Harriman, TN 37748
      Sastonwash@tcatharriman.edu
      (865)882-6703​

      ---

      
      A Deputy Title IX Coordinator has the same authority under this policy as the Title IX Coordinator.

2. Lack of Bias and Equitable Treatment

   1. Neither the Title IX Coordinator, any investigator, any decision-maker, any person designated to facilitate an informal resolution process, nor anyone deciding an appeal will have a conflict of interest or bias for or against complainants or respondents generally, or against an individual Complainant or Respondent.
   2. The Title IX Coordinator is responsible for appointing investigators, decision-makers, and appellate reviewers, and may appoint someone from another institution or someone not employed by a TBR institution in order to avoid potential bias or for other reasons. In the event of potential bias of the Title IX Coordinator, or if the Title IX Coordinator believes that another person should serve in that role for other reasons, the Title IX Coordinator should report the matter to TBR Central Office.
   3. TCAT Harriman will provide a prompt, fair, and impartial investigation, adjudication, and, if applicable, disciplinary process. TCAT Harriman will treat Complainants and Respondents equitably, which includes an objective evaluation of all relevant evidence, including both evidence that tends to prove or disprove the allegations.
   4. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
   5. The investigation will proceed with a presumption that the Respondent is not responsible for the alleged conduct unless and until a Determination of responsibility for a violation of this policy is made at the conclusion of the decision-making process. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests with the institution. The parties do not carry the burden of proof. It is the institution’s responsibility to establish Sexual Misconduct by a preponderance of the evidence.
   6. The institution shall provide simultaneous written notification to the Parties of (1) any initial, interim, or final decision by an official authorized to resolve disciplinary matters, (2) any available appeal procedures for that decision, (3) any change to that decision, and (4) when that decision becomes final. The Parties will receive timely and equal access to information.

3. How to Report Sexual Misconduct

   1. TCAT Harriman takes seriously all complaints of sexual discrimination, sexual harassment, and Sexual Misconduct. This section explains the various reporting, complaint, and confidential disclosure options available to enable individuals to make informed choices about where to turn should they experience sexual discrimination, sexual harassment, or Sexual Misconduct.
      1. Sexual Misconduct should be reported to the Title IX Coordinator. Such a report can be made at any time, including during non-business hours, by using the telephone number or electronic mail address, or office mail address. The contact information for TCAT Harriman’s Title IX Coordinator is:

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         TCAT Harriman Title IX Coordinator
         Sandy Aston-Wash. Student Services Coordinator
         1745 Harriman Highway, Harriman, TN 37748
         Sastonwash@tcatharriman.edu
         (865)882-6703​

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      2. TCAT Harriman recommends that reports and complaints of all Sexual Misconduct be made to the Title IX Coordinator so that the institution can respond appropriately. Although reports and complaints of Sexual Misconduct may be made at any time, reports should be made as soon as possible so that the institution is best able to address the allegation.
      3. TCAT Harriman encourages anyone who witnesses, experiences, or has information about possible Sexual Misconduct to take reasonable actions to prevent or stop such actions. This may include speaking up while the behavior is taking place or immediately afterwards, reporting the behavior (in accordance with the reporting options outlined in this policy), directly intervening when it is safe and reasonable to do so, contacting law enforcement, or other means. A person who has been subjected to any type of Sexual Misconduct need not confront the other Party. The appropriate process to address the conduct is through this or other applicable policy.

4. Supportive and Interim Measures

   1. After receiving a report of potential Sexual Misconduct, whether or not the report is a Formal Complaint, the Title IX Coordinator will contact the Complainant to discuss the availability of Interim/Supportive Measures, inform the Complainant of their availability, and consider the Complainant’s wishes with respect to potential Interim/Supportive Measures. The Title IX Coordinator will also explain the process for filing a Formal Complaint.
   2. The Title IX Coordinator, in conjunction with the appropriate department, may implement interim, supportive, or protective measures while assessing, investigating, and resolving the report. These Interim/Supportive Measures are non-disciplinary, non-punitive, individualized services and are offered without fee or charge to the Complainant or Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. These measures are designed to restore or preserve equal access to the institution’s programs or activities without unreasonably burdening the other Party and may include measures designed to protect the safety of all Parties or the institution’s educational environment or deter Sexual Misconduct.
   3. These measures may include, but are not limited to: mutual no-contact directives; access to counseling services and assistance in setting up an initial appointment; changing schedules, assignments, or job/study locations to lessen or minimize contact; extensions of deadlines and course-related adjustments; limiting or barring an individual's or organization's access to certain institutional facilities or activities; providing an escort to ensure safe movement on campus; providing academic support services, such as tutoring; arranging for a Party to re-take a course or withdraw from a class without penalty; administrative leave; leave of absence; institution-imposed leave or physical separation from individuals or locations.
   4. TCAT Harriman will attempt to maintain the confidentiality of such Interim/Supportive Measures, to the extent that it can do so without impairing its ability to effectuate the Interim/Supportive Measures or to investigate and adjudicate the complaint.

5. Formal Complaint

   1. Any person alleging to be a victim of Sexual Misconduct that took place within an education program or activity of TCAT Harriman in the United States may file a Formal Complaint under this policy.
   2. A Complainant who wants TCAT Harriman to conduct an investigation and take action in accordance with this policy must file a Formal Complaint alleging Sexual Misconduct.
   3. A Complainant must submit a written Formal Complaint in person, by mail, or via electronic mail to the Title IX Coordinator. The document must contain the Complainant’s physical signature or a “digital signature.” (A digital signature is information transmitted electronically that enables the Title IX Coordinator to determine that the Complainant is the person submitting the complaint, including, but not limited to, an email from their TCAT Harriman institutional account or a typed version of the Complainant’s name. A digital signature need not reproduce a written signature.) A Formal Complaint cannot be submitted anonymously. Only the Title IX Coordinator can submit a Formal Complaint on behalf of another person.
   4. Although TCAT Harriman will attempt to consider the wishes of Complainants, including that no investigation be conducted, TCAT Harriman will also consider their obligations under both TBR policy and applicable law, including Title VII of the Civil Rights Act of 1964. Thus, when the Title IX Coordinator receives a report of Sexual Misconduct, and especially when the complaint involves an employee, the Title IX Coordinator may decide to investigate the matter pursuant to Guideline P-080 and institutional policy, even if the Complainant does not want the report investigated. If the Title IX Coordinator decides to file a Formal Complaint, the Title IX Coordinator is not a “Party” to any investigation, Determination or hearing process.
   5. Complainants should provide as much of the following information as possible: what happened, where, and when; names of all people involved, including witnesses (if any); supporting documentation (if any); and contact information. TCAT Harriman encourages reporting of Sexual Misconduct even if some or all information is unavailable or cannot be provided. The Title IX Coordinator will explain their role, the options for reporting an incident, potential available Interim/Supportive Measures, and the available resources for assistance.

6. Confidential Resources (who will not share information with Title IX Coordinator)

   1. TCAT Harriman encourages victims of Sexual Misconduct to talk to someone about what happened, whether they want their report to be investigated or not, so that they can get the support they need. Some resources are confidential and should be considered if the Complainant does not want the institution to investigate the matter.
   2. TCAT Harriman contracts with WellVia to provide virtual telehealth and mental health services. Should a victim choose to utilize such services, WellVia will not report any information about an incident to the Title IX Coordinator without the victim’s permission. 855-WELLVIA
   3. Counselors and health care providers not affiliated with TCAT Harriman will generally maintain confidentiality and not share information with the institution unless the Complainant requests the disclosure and signs a consent or waiver form. However, these resources may have reporting obligations under state or federal law. For example, healthcare providers and certain other individuals are required to notify law enforcement when a person seeks treatment for injuries related to a violent crime, including injuries resulting from Sexual Misconduct or abuse of a minor.

7. Reporting by Employees

   1. All employees who learn of Sexual Misconduct (or any form of sexual harassment or sex discrimination, or retaliation) are encouraged to report such matters to the Title IX Coordinator.
   2. Supervisors and managers who learn of Sexual misconduct (or any form of sexual harassment or sex discrimination, or retaliation must immediately report such concerns to the Title IX Coordinator.

8. Anonymous and Third-Party/Bystander Reporting

   1. TCAT Harriman encourages third parties to report incidents of Sexual Misconduct to the Title IX Coordinator. TCAT Harriman may not be able to move forward with third-party reports if the Complainant does not wish to file a Formal Complaint or cooperate with an investigation.
   2. After providing a report, third parties are not entitled to information about the institution’s investigation and response due to privacy concerns and applicable federal and state laws.

9. Abuse of Minors

   1. Tennessee law mandates reporting by any person who has knowledge of physical or mental harm to a child if: (1) the nature of the harm reasonably indicates it was caused by brutality, abuse, or neglect; or (2) on the basis of available information, the harm reasonably appears to have been caused by brutality, abuse, or neglect. Tennessee law also mandates reporting by any person who knows or has reasonable cause to suspect that a child has been sexually abused, regardless of whether the child has sustained any apparent injury as a result of the abuse.
   2. In the event of a life-threatening emergency, a report of child abuse or child sexual abuse should be made by calling 911. In other cases, a report of child abuse or child sexual abuse must be made immediately to one of the following authorities:
      1. The Tennessee Department of Children’s Services (the Central Intake Child Abuse Hotline is 1-877-237-0004);
      2. The sheriff of the county where the child resides;
      3. The chief law enforcement official of the city where the child resides; or
      4. A judge having juvenile jurisdiction over the child.
   3. In addition, TCAT Harriman employees shall make a report of child abuse or child sexual abuse in connection with an institutional program or activity to the Title IX Coordinator. Note that a report to TCAT Harriman law enforcement or security agency is not sufficient to comply with state law.

10. Law Enforcement

    1. The following law enforcement agencies listed in this policy are available for emergency response, facilitating medical transport, investigating incidents of a criminal nature, referrals, and preserving evidence. Law enforcement may be required to report potential violations of this policy to the Title IX Coordinator and to report incidents of sexual assault and other criminal acts of a serious nature to other law enforcement authorities.

11. Reporting Pursuant to the Nottingham Act.

    1. Unless the victim of a rape does not consent to the reporting of an offense, the chief security officer or chief law enforcement officer of each institution shall immediately notify the local law enforcement agency with territorial jurisdiction over the institution if the officer is in receipt of a report from the victim alleging that any degree of rape has occurred on the property of the institution. The chief security officer or chief law enforcement officer shall designate one (1) or more persons who shall have the authority and duty to notify the appropriate law enforcement agency in the absence of the chief security officer or chief law enforcement officer. In the case of an alleged rape, the institution's law enforcement agency shall lead the investigation. After notifying the local law enforcement agency, the institution shall cooperate in every respect with the investigation conducted by the law enforcement agency. T.C.A. § 49-7-129.
    2. If the victim does not consent to the reporting, the Administration at TCAT Harriman shall not report the offense to the local law enforcement agency. T.C.A. § 49-7-2207; T.C.A. § 49-7- 129.

12. Additional Information

    1. No Retaliation
       1. Retaliation against a person who makes a report or files a complaint, participates or assists in an investigation, encourages another to file a complaint, or opposes Sexual Misconduct (or any other form of discrimination prohibited by institutional policy) is prohibited. Individuals must not interfere with an investigation. Retaliation will result in disciplinary measures, up to and including termination or expulsion.
       2. In order to help prevent retaliation, TCAT Harriman’s policy is to keep confidential the identity of anyone who has made a report or complaint of sex discrimination, including anyone who has filed a Formal Complaint of Sexual Misconduct, any Complainant, any Respondent, and any witness except as is required to carry out TCAT Harriman’s responsibilities under this policy, as permitted by FERPA, or as required by law.
       3. Anyone who wishes to file a complaint of retaliation should contact the Title IX Coordinator.
    2. Emergency Removal/Administrative Leave
       1. If it appears, based on an allegation of Sexual Misconduct, that a student may constitute an immediate and direct threat to the physical health or safety of another individual, TCAT Harriman will conduct an individualized inquiry and risk analysis and may place the student on interim suspension on an emergency basis. If the institution implements an interim suspension, the student shall be given the opportunity at the time of the decision, or as soon thereafter as reasonably possible, to contest the interim suspension. Institutions shall follow the procedures set forth in TBR Policy 3.02.00.01-General Regulations on Student Conduct & Disciplinary Sanctions (and applicable institutional policies) before placing any student on interim suspension.
       2. TCAT Harriman may place employees on administrative leave or similar action while addressing allegations of Sexual Misconduct.
       3. Visitors, vendors, and other third Parties may be removed from the premises consistent with applicable policies and procedures.
    3. Court Orders
       1. Individuals may seek orders of protection, restraining orders, or other similar orders from a court of law.
    4. Participation in the Formal Complaint process by a Complainant, Respondent, institution, or other person does not waive applicable privileges, including attorney-client privilege, doctor-patient privilege, the peer review/quality improvement privilege, etc. The holder of a privilege may waive it in certain circumstances.

13. Investigation and Outcomes

    1. The Office of General Counsel shall always be consulted prior to investigation.
    2. Intake and Assessment of Formal Complaints
       1. Where Formal Complaints involving more than one Complainant and/or more than one Respondent arise out of the same facts and circumstances, the Title IX Coordinator may consolidate Formal Complaints.
       2. As part of the assessment, the Title IX Coordinator or designee may contact the Complainant and ask for information about the allegations. Supporting documents, such as emails, photos, text messages, and any other evidence should be preserved. If witnesses were present or have relevant knowledge, it is important to identify them, state what they may know, and inform the investigator how they can be contacted.
       3. The Title IX Coordinator will assess the nature of reports and Formal Complaints, including whether one or more allegations meet the criteria for the filing of a Formal Complaint (e.g., whether the allegations include conduct that, if proven, took place in the United States and will constitute Sexual Misconduct in an education program or activity by a participant or someone attempting to participate in the education program or activity). If a Formal Complaint includes some allegations that, if proved, constitute Sexual Misconduct and some that do not meet that definition, the Title IX Coordinator will decide whether all allegations will be investigated pursuant to this policy or whether the allegations will be investigated according to another policy or guideline. As appropriate, the Title IX Coordinator may initiate proceedings under another policy, refer the matter to another department, and/or inform the Complainant about the availability of other methods to address the allegations.
    3. Notice of Allegations
       1. Upon receipt of a Formal Complaint, the Title IX Coordinator will provide written notice to known Parties. (A Notice of Allegations will be provided even if the Formal Complaint is dismissed at the same time or shortly after the Notice of Allegations issues (e.g., the allegations if proven do not meet the definition of Sexual Misconduct)). The Notice of Allegations will enable both Parties to appeal the dismissal or to proceed under another policy.) The Notice of Allegations shall contain:
          1. an explanation of the investigation and grievance process, including a copy of or link to TCAT Harriman l policy, as well as any other applicable policies;
          2. the availability of an informal resolution process;
          3. explanation of the allegations potentially constituting Sexual Misconduct in sufficient detail and with sufficient time to prepare a response before any initial interview. A Respondent will have at least three (3) business days after issuance of a Notice of Allegations prior to an initial interview, but depending on the nature of the allegations, additional time may be offered or requested;
          4. the identity of the Parties involved in the incident, if known, and the date and location of the alleged incident;
          5. a statement that the Respondent is presumed not responsible for the alleged conduct unless and until a Determination of responsibility has been issued;
          6. a statement that the Parties may have an advisor of their choice at meetings they are permitted to attend. The advisor may be, but is not required to be, an attorney. (Parties may hire their own attorneys. At a live hearing only, TCAT Harriman will provide advisors to Parties who do not have their own);
          7. any statements in TBR institutional policies, procedures, or guidelines that prohibit knowingly making false statements or knowingly submitting false information during the process; and
          8. a statement that retaliation against a person who makes a report or files a complaint, participates or assists in an investigation, encourages another to file a complaint, or opposes Sexual Misconduct is prohibited and will result in disciplinary measures, up to and including termination or dismissal.
       2. If, during the course of an investigation, TCAT Harriman decides to investigate allegations about the Complainant or Respondent that are not included in the Notice of Allegations, TCAT Harriman will provide additional written Notice of Allegations to known Parties.
    4. Dismissal of Formal Complaints
       1. The Title IX Coordinator shall obtain advice from the Office of General Counsel before dismissing a Formal Complaint.
       2. If the Title IX Coordinator concludes that the Complainant was not participating in or attempting to participate in an institutional education program or activity at the time of the Formal Complaint or that the conduct alleged in a Formal Complaint would not constitute Sexual Misconduct even if proved, did not occur in an institution’s education program or activity, or did not occur against a person while in the United States, the Title IX Coordinator shall dismiss the Formal Complaint.
       3. The Title IX Coordinator has discretion to dismiss a Formal Complaint or any allegations in it, if at any time during the investigation or hearing a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations in it; the Respondent is no longer enrolled by, employed by, or associated with a TBR institution; or specific circumstances prevent the TBR institution from gathering evidence sufficient to reach a Determination as to the Formal Complaint or allegations therein.
       4. The Title IX Coordinator may decide to dismiss a Formal Complaint of Sexual Misconduct and refer the matter for disposition pursuant to a different policy, guideline, or process when an allegation of Sexual Misconduct is dismissed or when a Formal Complaint ceases to include an allegation of Sexual Misconduct.
       5. Upon dismissal of a Formal Complaint for any reason, the Title IX Coordinator will promptly send written notice explaining the reasons for dismissal to the Parties. The dismissal notice will also explain whether TCAT Harriman will investigate or respond to the allegations under another policy, guideline, or process and the availability of other methods to address the allegations.

14. Informal Resolution

    1. Because a full investigation and adjudication process may not be in the best interests of all concerned, the Title IX Coordinator may decide to offer an informal resolution process. The informal resolution process is designed to provide flexibility in crafting a resolution to a Formal Complaint that meets the needs of the Parties and TCAT Harriman. Informal resolutions may include meetings facilitated by TCAT Athens or third parties, resolutions facilitated by the Title IX Coordinator without formal meetings, mediations, and/or restorative justice concepts. Disciplinary action may or may not be part of any informal resolution. Both Parties must agree in writing to participate in any informal resolution process that the Title IX Coordinator may offer.
    2. An informal resolution process is only available after the filing of a Formal Complaint and prior to a Determination regarding responsibility. If the Title IX Coordinator believes an informal resolution may be appropriate, the Title IX Coordinator will propose an informal resolution process in either the initial Notice of Allegations or a subsequent written document. The Title IX Coordinator may discuss with the Parties the details of how the process will work. The written notice will contain the allegations or refer to the Notice of Allegations, set out the informal resolution process, explain that at any time prior to agreeing to a resolution, the Complainant, Respondent, or TCAT Harriman may withdraw from the informal resolution process and resume the investigation and adjudication process under this policy, and identify any records that will be maintained or shared related to the process.
    3. The Title IX Coordinator will not offer or facilitate an informal resolution process to resolve allegations that an employee engaged in Sexual Misconduct against a student.

15. Investigation of Formal Complaints

    1. TCAT Harriman will investigate all Formal Complaints, unless dismissed or resolved. During the investigation:
       1. TCAT Harriman will not access, consider, disclose, or otherwise use a Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional acting in the professional’s capacity and made or maintained in connection with the treatment to the Party, unless the Party voluntarily consents in writing;
       2. The investigator will conduct an investigation that is appropriate under the circumstances. The investigation will include a review of documents and physical evidence, as well as interviews with the Parties and other witnesses, unless they decline to be interviewed. The investigator may request access to premises, records, and documents deemed relevant. As the investigation progresses, the investigator may seek clarification, including during a subsequent interview, from any person participating in the investigation regarding the incident or their statement. A Party who learns or remembers any additional information should notify the investigator immediately. The Parties will have an equal opportunity to provide evidence and to identify witnesses, including fact and expert witnesses. Parties are encouraged to provide, as soon as possible, any evidence that the Party believes to be relevant and wants the investigator to consider. If at all possible, all evidence should be provided in time for the investigator to make it available for inspection and review;
       3. Although the Parties are encouraged to provide TCAT Harriman with information and evidence related to the allegations, TCAT Harriman is ultimately responsible for gathering evidence sufficient to reach a Determination regarding responsibility;
       4. TCAT Harriman will not restrict the Parties from discussing the allegations under investigation or from gathering and presenting relevant evidence. Any restrictions on the ability of the Parties to discuss matters related to the proceeding but which are not under investigation will be explained in the Notice of Allegations;
       5. Each Party will have the opportunity to obtain and to be accompanied to a meeting or proceeding by an advisor of their choice, who may, but is not required to be, an attorney, in accordance with Section IV.H. below;
       6. When a Party is invited or expected to participate in a meeting, TCAT Harriman will provide written notice of the date, time, location, participants, and purpose of the meeting, interview, or hearing, with sufficient time for the Party to prepare to participate;
       7. Both Parties will have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a Formal Complaint, including evidence that is directly related to the allegations but upon which TCAT Harriman does not intend to rely in reaching a Determination regarding responsibility. TCAT Harriman will include both evidence that tends to prove and disprove the allegations, whether obtained from a Party or other source, so that each Party can meaningfully respond to the evidence prior to the conclusion of the investigation;
       8. Prior to the completion of an investigative report, TCAT Harriman will send to each Party the evidence subject to inspection and review. Unless a Party requests that TCAT Harriman not do so, TCAT Harriman will also send the evidence to each advisor who has been identified. TCAT Harriman may decide to provide access to evidence through electronic means that is not available for download. In such case, the Parties and their advisors are prohibited from, directly or indirectly, photographing or reproducing such evidence (unless the Party has access to the evidence independent of the portal, e.g., documents submitted by the Party or publicly available information); and
       9. TCAT Harriman will provide at least ten (10) calendar days for the Parties to respond to the evidence provided for inspection and review. The investigator will share any written response with the other Party and will consider any written response prior to completing the investigative report.

16. Investigation Report

    1. At the conclusion of the investigation, the investigator will prepare a written report. The report shall:
       1. fairly summarize the relevant evidence.
       2. explain the procedural steps taken between receipt of the Formal Complaint and the conclusion of the investigation, including all notifications to the Parties, interviews with the Parties, interviews with other witnesses, dates of all interviews, any site visits, and the methods used to gather evidence; and
       3. identify relevant policies, guidelines, and other standards;
       4. identify the allegations;
    2. The written report shall not make findings of fact or conclusions regarding the application of facts to this policy.
    3. At least (ten) (10) calendar days prior to a hearing, the investigator will send to each Party the investigation report in either electronic or hard copy, for review and written response. Unless a Party requests that TCAT Harriman not do so, TCAT Harriman will also send the investigation report to an advisor whom the Party has been identified.
    4. The Parties should provide any written response as soon as possible, as the investigator may issue an amended investigation report if the investigator deems appropriate and if a Party provides comments in sufficient time for the investigator to do so. The Parties’ written responses and any amended investigation report will be sent to the decision-maker.

17. Advisors

    1. Both the Complainant and the Respondent will be permitted to have an advisor of their choosing present during meetings where their attendance is permitted or expected. Nothing in this policy shall be read to require that TCAT Harriman allow a Party to attend an interview of the other Party or of a witness.
    2. The advisor may accompany and confer privately with a Party, but the advisor may not interrupt, speak on behalf of a Party, or otherwise actively participate in any meeting, except for conducting cross-examination at a live hearing.
    3. An advisor's failure to comply may result in the termination of the meeting or the advisor no longer being permitted to be present.
    4. TBR and TCAT Harriman personnel employed in the offices responsible for the disciplinary proceedings described in this policy, along with those in the chain of command, personnel employed by OGC, and others whose participation could create a conflict of interest with their duties are not eligible to serve as advisors. TCAT Harriman shall not otherwise limit the choice of an advisor.
    5. If there is a question or concern about a possible advisor, the Title IX Coordinator should be consulted. A Party choosing to have an attorney present as an advisor must provide advance notice so that a member of OGC can attend any meeting at which an attorney will be present.

18. Recordings

    1. Parties are not permitted to record any meeting conducted pursuant to this policy.
    2. When a live hearing is conducted, TCAT Harriman will create an audio recording, audiovisual recording, or transcript and make it available to the Parties for inspection and review.

19. Past Relationships and Conduct

    1. Previous sexual relationships of the Complainant and Respondent with third parties generally are irrelevant.
    2. A past sexual relationship between the Complainant and Respondent may or may not be relevant. For example, past sexual encounters may provide insight on communication patterns for purposes of determining whether consent was present.
    3. Questions and evidence about a Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to Respondent and are offered to prove consent.

20. Standard of Evidence

    1. In determining whether Respondent engaged in Sexual Misconduct, TCAT Harriman uses the preponderance of the evidence standard of evidence in evaluating whether Sexual Misconduct occurred. A “preponderance of the evidence” means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion.
    2. The burden of proof will remain with TCAT Harriman through the Determination.

21. Timeline

    1. Formal Complaints typically will be resolved (exclusive of any appeals) within 90 calendar days of filing.
    2. Appeals will be resolved within fifteen (15) calendar days of the filing of an appeal.
    3. Given the many variables and factors that may arise in such cases, additional time may be needed in some cases. Any departure from these time frames will be for good cause and communicated in writing or by email to both the Complainant and the Respondent simultaneously, along with a new timeline and explanation of the reasons. Good cause to extend the deadlines includes, but is not limited to, the absence of a Party, a Party’s advisor, or witness; concurrent law enforcement activity; or the need for language assistance or the accommodation of disabilities.
    4. Incompletion of the process within such time frames is not cause for dismissal of a Formal Complaint.

22. Parallel Investigations with Law Enforcement

    1. The filing of a police report or the pendency of civil or criminal proceedings does not preclude TCAT Athens from proceeding with its investigation and Determination.
    2. The investigation and Determination may be delayed until law enforcement has finished gathering evidence and indicated that TCAT Harriman may proceed with an investigation, but TCAT Harriman generally will not wait for the conclusion of any criminal proceeding.
    3. Civil or criminal proceedings are separate and distinct from internal TCAT Harriman proceedings, and they may or may not run parallel to one another. However, TCAT Harriman may be required by law to provide information in civil or criminal proceedings.
    4. TCAT Harriman policies shall set forth parameters and clarify what information may and may not be shared during a parallel investigation with law enforcement (e.g., via a memorandum of understanding with local law enforcement).

23. Live Hearings

    1. TCAT Harriman will conduct a live hearing of Formal Complaints not dismissed pursuant to this policy in order to make a Determination whether this policy has been violated. The decision-maker appointed by the Title IX Coordinator has the authority to maintain order at the hearing and make all decisions necessary for the fair, orderly, and expeditious conduct of the hearing. The decision-maker shall be the final decider concerning all aspects of the hearing, including prehearing matters and at the hearing, how evidence is examined and the order of witnesses.
    2. At the request of either Party, TCAT Harriman will provide for the live hearing to be conducted with the Parties located in separate rooms with technology enabling the decision-maker and Parties to simultaneously see and hear the Party or the witness answering questions.
    3. In cases involving more than one Respondent, any Party may request separate hearings by submitting a request at least five (5) business days before the hearing. The Title IX Coordinator will decide whether to grant the request.
    4. Live hearings may be conducted with all Parties physically present in the same geographic location or, at TCAT Harriman’s discretion, any or all Parties, witnesses and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.
    5. At least (ten) (10) business days prior to a live hearing, TCAT Harriman will provide both Parties with written notice of the following:
       1. The time, place, date of the hearing, and electronic access information, if applicable;
       2. The name of each witness TCAT Harriman expects to present or be present at the hearing and those TCAT Harriman may present if the need arises;
       3. The right to request a copy of the investigative file (other than portions that are protected by law or privilege), which includes all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint;
       4. The right to request copies of all documents, copies of electronically stored information, and access to tangible evidence that TCAT Harriman has in its possession, custody, or control and may use to support claims or defenses;
       5. The right to have an advisor of the Party’s choice, who may be, but is not required to be an attorney, and that if the Party does not have an advisor present at the hearing, TCAT Harriman will provide an advisor of TCAT Harriman‘s choice, without fee or charge, to ask the other Party and any witnesses all relevant questions and follow- up questions on behalf of that Party;
       6. Any Party in need of a TCAT Harriman provided advisor must inform the Title IX Coordinator at least five (5) business days before the hearing;
       7. Any cross-examination of any other Party or witness must be conducted by the advisor; and
       8. Additional information may be included in the notice of hearing.
    6. When notice is sent by U.S. mail or courier service, the notice is effective on the date the notice is mailed or delivered to the courier service. When notice is hand-delivered by TCAT Harriman, notice is effective on the date that the notice is delivered to a Party. When notice is sent by email, the notice is effective on the date that the email is sent to the Parties’ TCAT Harriman provided email account.
    7. The decision-maker may conduct a pre-hearing meeting or conference with the Parties and their advisors to discuss pre-hearing issues, including any technology to be used at the hearing and the general rules governing the hearing.
    8. The decision-maker may allow a temporary delay of the process or the limited extension of time frames for good cause with written notice to the Parties of the delay or extension and the reasons for the action. Good cause may include, but is not limited to, considerations such as the absence of a Party, a Party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.
    9. If a Party fails to attend a hearing, the decision-maker may proceed without that Party’s participation.
    10. During the hearing, the decision-maker will make evidence subject to review and inspection during the investigation phase available to give each Party equal opportunity to refer to that evidence, including for purposes of cross-examination.
    11. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to provide that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
    12. Only relevant cross-examination and other questions may be asked of a Party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or question from someone other than the decision-maker, the decision-maker will first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
    13. The decision-maker will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding the privilege has waived the privilege.
    14. The decision-maker will permit each Party’s advisor to ask the other Party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing will be conducted directly, orally, and in real-time by the Party’s advisor and never by a Party personally. Conducting cross-examination will be the advisor’s only opportunity to speak. Advisors will not engage in other presentations of arguments or evidence, including opening statements, closing arguments, or direct examinations.
    15. If a Party does not have an advisor at the live hearing, TCAT Harriman will provide without fee or charge to that Party an advisor. TCAT Harriman will choose the advisor.
    16. This section is intentionally left blank.
    17. For good cause shown, a decision-maker may permit the participation of witnesses who were not identified by the Party to the investigator, or the inclusion of evidence not provided by the Party to the investigator.
    18. TCAT Harriman will create an audio or audiovisual recording, or transcript, of a live hearing and make it available to the Parties for inspection and review.
    19. The decision-maker may dismiss the Formal Complaint or any allegations therein, if at any time during the hearing a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw a Formal Complaint or any allegations therein, the Respondent is no longer enrolled or employed by TCAT Harriman, or specific circumstances prevent TCAT Harriman from gathering evidence sufficient to reach a Determination as to the Formal Complaint or allegations therein.
    20. If the decision-maker dismisses the Formal Complaint during the grievance process, the decision-maker will promptly notify the Title IX Coordinator, who will promptly send written notice of the dismissal and reasons therefore simultaneously to the Parties.

24. Written Determination

    1. Within fifteen (15) business days of the hearing, the decision-maker will issue a written Determination, whether Respondent engaged in Sexual Misconduct based on a preponderance of the evidence standard, which will be provided to the Parties simultaneously.
    2. The Determination becomes final either on the date that TCAT Harriman provides the Parties with a written result of an appeal, or if an appeal is available but not filed, the day after the deadline to appeal.
    3. The Determination will include:
       1. Identification of the allegations potentially constituting Sexual Misconduct, as well as identification of any additional allegations that are being resolved but which do not constitute Sexual Misconduct;
       2. A description of the procedural steps taken between receipt of the Formal Complaint and the Determination, including all notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and any hearings held;
       3. Findings of fact supporting the Determination;
       4. Conclusions regarding the application of this policy, as well as any other relevant policy, guidelines, or code, to the facts;
       5. A statement of, and rationale for, the result as to each allegation before the decision-maker, including a Determination regarding responsibility;
       6. Any disciplinary action that the decision-maker imposes on the Respondent, including referral to another process,
       7. Any remedies that TCAT Harriman will provide designed to restore or preserve equal access to the Complainant; and
       8. The permissible bases and procedures, including timelines, for appeals by the Parties.

25. Remedies and Disciplinary Action Following Determinations of Violations

    1. TCAT Harriman will provide remedies where a Determination of responsibility for Sexual Misconduct has been made. TCAT Harriman will follow this policy before the imposition of any disciplinary sanctions for Sexual Misconduct that are not supportive/interim measures.
    2. Remedies will be designed to restore or preserve equal access to education programs and activities and will include discipline under the applicable policies and procedures. Remedies may include verbal warnings, written warnings, final written warnings, suspension, termination of employment (including of tenured faculty), non-renewal of appointment, or dismissal from TCAT Harriman. 
    3. Remedies should also consider improvements to the campus-wide environment. It is the intent of TBR that TCAT Harriman consider the impact of an incident of Sexual Misconduct on the campus as a whole or specific groups or areas of campus. For example, specific training may be needed for a student group.
    4. The Title IX Coordinator is responsible for ensuring effective implementation of the remedies.

26. Appeals/Post-Determination Procedures

    1. Parties are permitted to appeal to the TCAT Harriman’s President (or other person appointed by the Title IX Coordinator) from a Determination regarding responsibility (or no responsibility) and from a dismissal of a Formal Complaint or of any allegations in a Formal Complaint on the basis of:
       1. procedural irregularity that affected the outcome of the matter;
       2. new evidence that was not reasonably available at the time the Determination or dismissal was made, but only if that new evidence could affect the outcome of the matter;
       3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome.
       4. A Party wishing to appeal a Determination regarding responsibility or the dismissal of a Formal Complaint or any allegations therein must file a written appeal with the Title IX Coordinator within seven (7) business days of the date of the Determination or the dismissal. The written appeal must identify the reasons for the appeal.
    2. As to all appeals, the Title IX Coordinator will:
       1. Notify the other Party in writing when an appeal is filed;
       2. Provide each Party five (5) business days to provide a written statement in support of, or challenging, the Determination.
       3. Ensure that the decision-maker(s) for the appeal is not the same person as the investigator, the decision-maker, or Title IX Coordinator;
       4. Implement appeal procedures equally for both Parties;
    3. The decider of the appeal will issue a written decision describing the result of the appeal and the rationale for the result, and will provide the written decision simultaneously to the Parties.

27. Victim Services

    1. The resources listed below are not exhaustive or limited to victims who wish to make an official report or participate in an institutional hearing, police investigation or criminal prosecution. However, in cases where a victim wishes to maintain complete confidentiality, the victim should carefully review Section II above related to the limits on the College’s ability to maintain confidentiality.

28. On-Campus Resources

    ---

    TCAT Harriman Title IX Coordinator
    Sandy Aston-Wash. Student Services Coordinator
    1745 Harriman Highway, Harriman, TN 37748
    Sastonwash@tcatharriman.edu
    (865)882-6703​

    ---

29. Online Resources​

    • http://tncoalition.org/- State Coalition Against Rape​
    • http://tncoalition.org/- State Coalition Against Domestic Violence
    • http://www.thehotline.org/- Website for LGBTQ survivors of sexual or domestic violence and minority women survivors of sexual or domestic violence
    • http://www.pandys.org/ Website providing information, support and resources to survivors of rape and sexual abuse
    • http://www.rainn.org – Rape, Abuse, and Incest National Network
    • http://www.justice.gov/ovw - Department of Justice
    • https://www2.ed.gov/about/offices/list/ocr/index.html - Department of Education Office for Civil Rights

30. ​Victim Services Policy

    1. The following individuals may be able to assist in the event of an emergency
       1. On-Campus

          ---

          TCAT Harriman Title IX Coordinator
          Sandy Aston-Wash. Student Services Coordinator
          1745 Harriman Highway, Harriman, TN 37748
          Sastonwash@tcatharriman.edu
          (865)882-6703​
          615-374-2147

          ---

       2. Off-Campus:
          • Police Departments:
            • Main Campus:
            • Harriman Police Department 130 Pansey Hill Rd., Harriman, TN 37748
              • Non-Emergency (865) 228-3383.
            • Roane County Sheriff’s Office 230 N. Third St., Kingston, TN 37763
              • Non-Emergency (865) 717-4700.
            • Loudon County Instructional Service Center:
            • Lenoir City Police Department 530 US-321 #200, Lenoir City, TB 37771
              • Non-Emergency (865) 986-2005.
            • Loudon County Sheriff’s Office 12680 US-11 Suite 1, Lenoir City, TN 37771
              • Non-Emergency (865) 986-4823.
          • The following health care options are available to seek treatment for injuries, preventative treatment for sexually transmitted diseases, and where and how to get a rape kit or find a Sexual Assault Nurse Examiner (SANE).
          • Regional Hospitals:
          • Roane Medical Center, 8045 Roane Medical Center Dr., Harriman, TN 37748 (865) 316-1000
          • Methodist Medical Center, 990 Oak Ridge Turnpike, Oak Ridge, TN 37830 (865) 835-1000
          • Avalon Center (931) 456-0747 Availability of a rape kit and location of a SANE (https://f62034bb-6cd2-4e27-a3c9-125b86bc97ef.filesusr.com/ugd/40dfdf_a13931824aba475b983e7cacbced51c3.pdf)
          • Tennessee Coalition to End Domestic & Sexual Violence at 615-386-9406.
          • Sexual Violence Hotline at 1-800-273-87125.
          • National Helpline at 1-800-211-7996
    2. It is very important for the Complainant to seek medical attention immediately so that the Complainant can be screened for sexually transmitted diseases/pregnancy/drugs that may have been used to incapacitate, obtain emergency contraception, and receive treatment for any injuries. Valuable physical evidence can be obtained from the Complainant and the Complainant's clothing. Even those who are unsure whether to make a police report or take action may wish to have a forensic examination, which will facilitate the identification and preservation of physical evidence;
       1. To help preserve evidence in the event of a sexual assault, it is important for the Complainant not to change clothes or bedding and not take a shower, douche, use the toilet, brush their teeth, or clean up until police have had a chance to gather evidence. However, if a Complainant has already changed clothes or cleaned up/showered, evidence may still be collected. The Complainant should leave any clothes or bedding unfolded and undisturbed, if possible. If clothing or bedding must be moved, items should be kept separate to prevent transfer of body fluids or other trace evidence. Parties should not delete or destroy any text messages, social media, emails, voicemails, written notes, or any other documents that may be relevant.
       2. The following sources are available to accompany a victim to the hospital or health provider; These services are available for victims of Sexual Misconduct whether or not a victim chooses to make an official report or participate in the institutional disciplinary or criminal process.

31. Education, Training, and Awareness

    1. TCAT Harriman offers educational programming and training to their students, faculty, and staff that are intended to end Sexual Misconduct.
    2. TCAT Harriman utilizes the student handbook to provide user-friendly materials to explain the policy and how victims can get help, and provides these online and through other strategies appropriate for the campus. TCAT Harriman provides online training for sexual assault and misconduct prevention education to incoming students to promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. This education also includes information on how to prevent sexual assault, such as information on bystander intervention, as well as how to recognize abusive behavior and avoid potential abusive relationships. Within this training, students are given information the procedures for filing a report, as well as procedures for institutional disciplinary action in cases of alleged sexual violence. The training also informs students of the sanctions and protective measures that the institution may impose once a report of sexual violence has been made.
    3. This policy is effective August 16, 2021, at community colleges and August 26, 2021, at TCATs.
    4. If any provision of the Title IX regulations on which this policy is based is enjoined or held invalid as it applies to the TBR institution or the Title IX regulations’ application to any person, act, or practice is enjoined or held invalid as it applies to the TBR institution, the remainder of this policy or the application of its provisions to any person, act, or practice shall not be affected thereby.
    5. For conduct that occurs across multiple versions of this policy, complaints of Sexual Misconduct will be addressed utilizing the procedures outlined in the version of this policy in effect as of the date of the Notice of Allegations. The “Definitions” and “Clarifications” sections of the policy in effect as of the date of the alleged incident will be used. Complaints and reports of conduct spanning more than one version of the policy will be addressed using the “Definitions” and “Clarifications” sections in the version of the policy in effect at the time of the most recent alleged incident.

32. Clarifications

    1. Consent
       1. Consent means an active agreement to participate in sexual activity. An active agreement is words and/or conduct that communicates a person’s willingness to participate. The following individuals cannot give valid Consent:
          1. A person who is under the age of eighteen (18), unless the person giving Consent is at least the age of thirteen (13) and the other person is less than four (4) years older than the person giving Consent.
          2. A person who is Forced; or
          3. A person who is Incapacitated, if either the person claiming to have obtained Consent knows that the other person is Incapacitated or a reasonable person would know that the other person is Incapacitated;
       2. During a sexual encounter, each person has responsibility for obtaining Consent from the other person. During an investigation, the institution has the burden of obtaining evidence whether Sexual Misconduct occurred without Consent. During any hearing, the institution has the burden of proving that Sexual Misconduct occurred without Consent. (In other words, it is not a Respondent’s burden to prove Consent during an investigation or hearing). Whether a person has communicated Consent generally is evaluated from the perspective of what a reasonable person who perceived the individual’s words and/or nonverbal conduct would have understood; however, in the context of a relationship that has involved sexual activity and a pattern of communicating Consent, whether Consent has been communicated may be evaluated based on a subjective standard (i.e., what did the specific person who initiated the sexual activity conclude based on the pattern of communication?).
       3. A verbal “no” ( or words equivalent to “no”) or the nonverbal communication of “no,’ even if it sounds or appears insincere or indecisive, means that Consent has not been communicated, or if previously communicated, has been withdrawn. The absence of a verbal “no” or the absence of a nonverbal communication of “no” does not necessarily mean that Consent has been communicated.
       4. Consent must exist from the beginning to the end of each sexual encounter and for each sexual act that occurs during a sexual encounter. A person has a right to change their mind; thus, Consent may be withdrawn at any time. A withdrawal of Consent is communicated through clear words and/or conduct that indicate that a person no longer agrees to participate in sexual activity. Once a person’s withdrawal of Consent has been communicated, the other person must cease the sexual act for which Consent was withdrawn and must obtain Consent before reinitiating that sexual act. Consent is automatically withdrawn when a person becomes incapacitated or is forced to participate in sexual activity.
       5. Consent to one type of sexual activity (e.g., oral sex) does not constitute or imply Consent for another type of sexual activity (e.g., vaginal intercourse), whether during a sexual encounter or based on a previous sexual encounter.
       6. The following do not communicate a person’s willingness to participate in sexual activity:
          1. Silence, unless accompanied by non-verbal conduct conveying a willingness to participate in sexual activity;
          2. Consent communicated by the person on a previous occasion;
          3. Consent communicated to a third person;

33. Force

    1. The person’s failure to resist physical force (however, for purposes of the Policy, the person’s resistance to physical force will be viewed as a clear demonstration that the person has not communicated Consent);
    2. A current or previous dating, romantic, intimate, or sexual relationship with the other person;
    3. Currently or previously cohabitating with the other person;
    4. The person’s attire, reputation, giving or acceptance of gifts, sexual arousal, or extension or acceptance of an invitation to go to a private residence, room, or other location.
    5. One’s own use of alcohol, drugs, or other substances does not diminish one’s responsibility to obtain Consent from the other person. Another person’s use of alcohol, drugs, or other substances does not diminish one’s responsibility to obtain Consent from that person.
    6. Force includes physical force (such as pushing, hitting, pinning down), threats (direct or indirect expressions of intent to inflict harm to self or others), intimidation (implied or indirect threats), and/or other forms of coercion. To coerce is to attempt to cause another person to act or think in a certain way by use of force, pressure, threats, or intimidation; to compel is to coerce.

34. Incapacitation

    1. A person violates this policy when they engage in sexual activity with another person who is incapacitated under circumstances in which a reasonable person would have known the other person to be Incapacitated. For evaluating Incapacitation, a “reasonable person” means a sober, objectively reasonable person in the same situation, with ordinary sensitivities, and with similar identities as the Respondent.
    2. Incapacitation can be voluntary or involuntary. Signs of Incapacitation may include, without limitation: sleep; total or intermittent unconsciousness; lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; emotional volatility; combativeness; vomiting; incontinence; unresponsiveness; and inability to communicate coherently. Incapacitation is an individualized determination based on the totality of the circumstances.
    3. Blacking out is an amnesia-like state that may be brought on by drugs, heavy drinking, or intoxication; blacking out is not necessarily incompatible with the ability to engage in simple or even complex behavior. After blacking out, a person has no recollection of all or part of the events that occurred during the blackout. There is a distinction between passing out (falling asleep or becoming unconscious) due to drug or alcohol use and blacking out in that a person in a blackout remains conscious and operative.
    4. Incapacitation or Incapacitated means a person’s inability, temporarily or permanently, to communicate a willingness to participate in an activity (e.g., sexual activity) because of mental or physical helplessness, sleep, unconsciousness, or other lack of awareness that the activity is taking place. Incapacitation can be voluntary or involuntary. Signs of Incapacitation may include, without limitation: sleep; total or intermittent unconsciousness; lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; emotional volatility; combativeness; vomiting; incontinence; unresponsiveness; and inability to communicate coherently. Incapacitation is an individualized determination based on the totality of the circumstances. Alcohol and drugs (including “date rape” drugs) are common causes of Incapacitation. When alcohol or drugs are involved, Incapacitation is a state beyond mere drunkenness or intoxication.

35. Severe and Pervasive

    1. Severe and Pervasive. Severe means behavior that is more than antagonistic, non-consensual, and crass, even where the behavior is based on differences in sex or gender. Pervasive means systemic or widespread, and it necessarily involves more than one incident of sexual harassment.

TBR Institutions will comply with all Federal and State laws, Executive Orders, Rules, Regulations, and Guidance from Public Health Agencies/Authorities applicable to outbreaks of infectious and/or communicable diseases. This policy authorizes TBR institutions to enact policies, procedures, and/or plans to facilitate compliance with such laws, orders, and guidance, for the purpose of making best efforts to prevent the spread of infectious/communicable diseases within the campus community.

College employees, students, and other persons entering the premises of any TBR institution shall be required to comply with all policies, procedures, and/or plans established relating to the control of an outbreak of infectious/communicable diseases. Implementation and enforcement of policies, procedures, and/or plans promulgated in response to an outbreak of an infectious or communicable disease shall be enforced with the primary goal of achieving compliance with the applicable policy or plan. Removal from campus or discipline of individuals who are not compliant with the institution's policy or plan is authorized as necessary after efforts at obtaining compliance have been exhausted or as health, safety, and security require.

https://policies.tbr.edu/policies/infectious-disease 

Procedure

1. Infectious/Communicable Disease Plans

A. During certain communicable disease outbreaks such as a large epidemic or pandemic, TBR institutions may be required, or may find it appropriate, to develop and implement a plan or procedure to comply with laws, orders or directives issued by government or public health officials to address and/or curtail such outbreaks. In developing such plans/procedures, TBR institutions shall do so in a manner that is consistent with applicable lawful orders issued by government authorities and guidance from public health authorities including, but not limited to, the CDC , federal, state and local public health agencies. When creating such plan/procedure, TBR institutions shall also take care to comply with all applicable state and federal laws, including but not limited to, the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act (ADEA), and/or all laws governing/prohibiting unlawful discrimination. TBR institutions shall consult with the TBR Office of General Counsel (OGC) to ensure that any policy or plan promulgated in response to an outbreak of an infectious or communicable disease is compliant with such laws.

B. During an outbreak of an infectious/communicable disease, and consistent with guidance from appropriate health authorities, TBR institutions may take steps to identify and address potential actions or protocols that are appropriate given, the nature and circumstances associated with a particular outbreak/disease, including but not limited to the following:

1. Implementation of health screening protocols as a precondition to entry onto/into any campus or facility owned or controlled by a TBR institution, consistent with guidance or directives from local, state, or federal authorities.
2. Implementation of health safety protocols as a requirement of permitted presence for persons entering any campus or facility owned or controlled by a TBR institution, consistent with guidance or directives from local, state, or federal authorities. (E.g., wearing a mask or PPE to prevent shedding/spread of a virus.)
3. Establishment of requirements requiring individuals who travel to and from countries with active communicable disease outbreaks to report such travel and quarantine and/or isolate for established periods of time prior to entry/return to any campus/facility owned or controlled by the institution.
4. Restrict business-related travel to high-risk locations.
5. Require individuals seeking to return to any campus or facility after any period of travel, to self-quarantine, or isolate and to provide evidence of testing, screening(s) or other information from a treating medical professional, that the individual is free from, or not likely to transmit, a particular infectious/communicable disease consistent with public health/medical guidance, as permitted by law, prior to returning to any campus/facility.
6. Require individuals seeking to return to any campus or facility after any period of quarantine or isolation related to a diagnosis or exposure to an infectious/communicable disease to provide evidence of testing, screening(s) or other information from a treating medical professional, that the individual is free from or not medically likely to transmit a particular infectious/communicable disease at issue consistent with public health/medical guidance and as permitted by law, prior to returning to any campus/facility.
7. Inquire about any symptoms recently experienced, consistent with an infectious/communicable disease, by any individual seeking to enter campus.
8. Require an individual to submit to an appropriate medical evaluation from a physician of the College's choosing at the College's expense prior to entering any campus or facility.
9. Consult with an individual's physician (with appropriate consent) regarding the health of any individual relative to an infectious/communicable disease, prior to entering any campus or facility.
10. Consult with public health authorities and/or other qualified persons or resources, to assist in determining any appropriate course of action.
11. Exclude individuals from any campus/facility who are infected with, or have been exposed to, an infectious/communicable disease from any campus, facility, or activity. Employees will be subject to the College's policies, procedures and other requirements for requesting/receiving benefits and leaves of absence.
12. Offer accommodations to employees and students who are displaced from their regularly scheduled College events and/or activities due to an infectious/communicable disease.
13. Activate College Emergency Operations to consider measures such as social distancing, College closure, cleaning procedures, travel monitoring, class suspension, use of PPE, etc.
14. Implement other temporary action(s) that is/are reasonably required to prevent unacceptable risk of introduction or exposure of an infectious or communicable disease to a TBR institution's campus or community, until the College is able to consult with a physician or local, state or federal authorities.
15. Establish alternate work plans and/or education delivery plans.
16. Implement all health/safety requirements imposed by federal, state, and/or local authorities as applicable to members of the college community.

C. The primary focus of an institution's infectious/communicable disease plan shall be maintain and protect the health and safety of the campus community.

D. An institution's infectious/communicable disease plan should permit, to the extent reasonably possible, students who are impacted by an infectious/communicable disease to continue to participate in an educational program. An institution's infectious/communicable disease plan should permit, to the extent reasonably possible, employees who are impacted by an infectious/communicable disease to continue to work, as long as an employee is able to perform the essential functions of the job satisfactorily. The College will consider making reasonable accommodations for impacted students and employees consistent with applicable federal, state, and local laws as well as guidance from public health authorities. Discrimination against and/or harassment of employees and/or students impacted by an infectious/communicable disease is prohibited and may result in disciplinary action.

E. Health care workers, personal service workers, and food service workers employed by the College will be expected to follow guidelines issued by the Centers for Disease Control and protocols at Affiliate sites for the prevention of transmission of infectious/communicable diseases. The College will make educational materials on infectious, communicable diseases available for students and employees.

II. Responsibilities

A. General

1. Through the President and/or designee, the Institutional Administration will develop procedures and regulations concerning the outbreak of infectious, communicable, and/or life-threatening diseases that are appropriate to the particular circumstances and guidance, and consistent with this policy. The President and/or designee should include individuals with appropriate authority over essential functions of the College as well as persons with relevant medical/health education/experience in the process to develop procedures and/or regulations responsive to the outbreak of an infectious/communicable disease. Such procedures and/or regulations will be published to the institutional community as appropriate. In meeting its compliance obligations TBR institutions will prioritize, in descending order:

a. Health and Safety of the Campus and Surrounding Community,

b. Continuity of Education Mission for Students,

c. Minimized Disruption of Employment for Faculty & Staff

B. Environmental Health & Safety

1. Plans will require the appropriate Vice President(s) or designees to coordinate environmental health & safety, police/security, custodial, and maintenance services personnel to ensure that procedures, regulations, and appropriate precautions are implemented to minimize the risk of introduction, exposure, and/or spread of infectious/communicable and/or life-threatening diseases. This will include special attention to custodial, public safety and other employees and students with increased likelihood of exposure to the infectious/communicable diseases.

C. Internal Communication of Procedures

1. Plans will include the requirement that the appropriate Vice President(s), Chief Human Resources Officer(s) or designees will ensure education and outreach programs are developed to provide employees and students with appropriate factual material regarding relevant disease protocols and precautions.
2. Plans should ensure that clear guidance is provided about the referral of questions about infectious/communicable diseases or life threatening illnesses to the appropriate Vice President, Chief Human Resources Officer, designee, or the institution's Employee Assistance Program.

D. Response to Notifications

1. Infectious/Communicable disease plans should provide for the response to information acquired by the institution regarding any individual present on an institution's campus who is/has been diagnosed, infected, or exposed to an infectious/communicable disease. The plan will provide for the President and/or designee(s) to recommend medically reasonable efforts/action to confirm, assess, and respond to the reasonably anticipated risk to the campus community and communication with the appropriate health department authorities as required. Responsibilities will also include the confirmation of reports of infectious/communicable diseases impacting the institutions/campus/community.

E. External Communications

1. Infectious/Communicable disease plans should provide that decisions concerning official communications with external stakeholders will be disseminated from the President's or other designated office. TBR institutions will follow Tennessee Department of Health guidance for reporting occurrences to appropriate health authorities.

F. Confidentiality

1. Infectious/Communicable disease plans shall provide that TBR institutions will maintain confidentiality of medical information received and will not disclose the identity of any individual who has been infected, diagnosed or exposed to an infectious/communicable disease, except to individuals with a need to know or as may be permitted or required by law, absent consent from the affected individual.
2. College employees will be informed that they are to take reasonable precautions to comply with confidentiality obligations, e.g. FERPA, ADA, FMLA, HIPAA, and/or state confidentiality laws. An employee, other than the affected employee or student, who inappropriately releases confidential medical information shall be subject to disciplinary action, which may include termination of employment. In certain situations, specific government reporting requirements or a medical justification may necessitate the disclosure of health information, and nothing in this policy shall be construed to prohibit disclosure of health information consistent with mandatory and permissive disclosure laws and obligations.

While visitors and guests are welcome on campus, the welfare and safety of the entire student body and the maintenance of its academic programs MUST be placed above all else. All visitors and guests should report directly to the main office to sign in and receive a visitor's badge which is always to be worn while on campus. Tennessee College of Applied Technology faculty and staff are aware that many of its students are both students and parents and that there are often complicating factors that impact these two roles. However, the Tennessee College of Applied Technology does not permit children who are minors to be on the campus without notice to, and permission from, the Tennessee College of Applied Technology Administration. A child is anyone who is birth to 17 years of age. Any visitor, who brings or invites children to campus MUST maintain custody of the children while on campus and is responsible for the behavior and safety of the children while at the Tennessee College of Applied Technology. All visitors will be provided safety glasses when visiting a shop area.

When a violation of this policy is observed, the Student Services Office should be contacted. It is the responsibility of this office to assess the situation and, with the assistance of security, take appropriate action, which may include escorting the student, employee or guest, and children off-campus.