Filing a Complaint

November 29, 2023 2024-09-03 14:59

Reporting & Filing

There are no time limits on reporting Sexual Harassment to the Chief Title IX Officer or TWU. If the Respondent is no longer subject to TWU’s Education Program or Activity or significant time has passed, TWU will have limited ability to investigate, respond and/or provide disciplinary remedies and sanctions.

TWU Federal Reporting Obligations:

Certain TWU employees, called Campus Security Authorities, have a duty to report certain incidents of misconduct to comply with the Clery Act. Campus Security Authorities are not required to report personally identifiable information for Clery Act purposes, but statistical information must be sent regarding the type of incident that occurred and its general location (e.g., on or off-campus) for publication in an annual report of crime statistics, called the Annual Security Report. Statistics published in the Annual Security Report help to provide the campus community with a clearer picture of the extent and nature of campus crime, but the statistics do not personally identify Complainants or Respondents. Reports by Campus Security Authorities are not official police reports and do not initiate criminal investigations.

When Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking are reported under the Clery Act, TWU must issue timely warnings for such incidents that pose a serious or continuing threat of bodily harm or danger to members of the campus community.
TWU will not disclose a Complainant’s name and other identifying information in a timely warning but will provide sufficient information for TWU community members to make informed safety decisions in response to potential danger.

Reporting to Chief Title IX Officer: Reports of Sexual Harassment may be made to the Chief Title IX Officer in any of the following ways, by anyone, at any time: email, phone, online form or mail. Reports may be made to the Chief Title IX Officer in person in the Colloms Campus Center, Student Life Suite, during normal business hours. After Title IX Sexual Harassment has been reported to the Chief Title IX Officer, the Chief Title IX Officer will promptly offer supportive measures to the Complainant, regardless of whether the Complainant was the reporter of the Sexual Harassment.

Reporting to Officials with Authority: The following positions are Officials with Authority: Chief Title IX Officer. If they are notified of Sexual Harassment, they will promptly report such Sexual Harassment to the Chief Title IX Officer.

Reporting to Confidential Employees: The University Chaplain is a Confidential Employee. Reports made to Confidential Employees are considered confidential reports and will not be reported to the Chief Title IX Officer without the Complainant’s permission and will not constitute actual notice to TWU.

University Chaplain, Trinity United Methodist Church swhite@tnwesleyan.edu; 423-252-1110

Notification to all other TWU Employees: Employees who are not defined as Officials with Authority or Confidential Employees may, but are not required to, report Sexual Harassment to the Chief Title IX Officer.

Anonymous Reporting: Anonymous reports may be made by telephone, in writing, or electronically with Chief Title IX Officer. A decision to remain anonymous, however, may greatly limit TWU’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Policy.

Reporting to Off-Campus Agencies and Resources

Reporting To Law Enforcement

Reports may be filed with local law enforcement agencies. The Chief Title IX Officer can assist with contacting law enforcement agencies. Law enforcement investigations are separate and distinct from TWU investigations.

Athens Police Department, 815 N. Jackson St., Athens, TN, 9-1-1 TWU Campus Safety, Townsend Hall, 423-887-3976

Reporting to Outside Agencies: Students

Office for Civil Rights
U.S. Department of Education
61 Forsyth Street S.W. Suite 19T10 Atlanta, GA
30303-8927 Telephone: 404-974-9406
Fax: 404-974-9417
Email: ocr.atlanta@ed.gov

Office for Civil Rights
U.S. Department of Health and Human Services
Sam Nunn Atlanta Federal Center, Suite 16T70
61 Forsyth Street S.W.
Atlanta, GA 30303-8927
Telephone: 1-800-368-1019
Fax 202-619-3818
Email: ocrmail@hhs.gov

Reporting to Outside Agencies: Employees

U.S. Equal Employment Opportunity
Commission 220 Athens Way Suite 350
Nashville, TN 37228-9940
Telephone: 1-800-669-4000
Fax 615-736-2107
Email: info@eeoc.gov

Outside Agency Support and Resources

H.O.P.E Center, 423-745-5289
National Domestic Violence Hotline, 800-799-7233
Sexual Assault Center of Tennessee, 865-522-7273
TN Domestic Violence Hotline, 800-356-6767

Local Emergency Facilities

Starr Regional Medical Center, 1114 W. Madison Ave., Athens, TN

Initial Response to Reported Sexual Harassment:

Upon receipt of a report of Sexual Harassment, the Chief Title IX Officer will promptly contact the Complainant, regardless of whether the Complainant was the individual who initiated the report. During the initial contact with the Com- plainant, the Chief Title IX Officer will:

– Provide the Complainant with notice of their rights and options
– Explain the process for filing a Formal Complaint;
– Explain the Grievance Process;
– Discuss the availability of Supportive Measures regardless of whether a Formal Complaint is filed;
– Consider the Complainant’s wishes with respect to Supportive Measures.

Formal Complaints

TWU will investigate all allegations of Sexual Harassment in a Formal Complaint.

Filing a Formal Complaint

A Formal Complaint must:

(1) Contain an allegation of Sexual Harassment against a Respondent
(2) Request that TWU investigate the allegation; and

(3) Be signed by the Complainant or Chief Title IX Officer.

In limited circumstances, if a Complainant does not sign a Formal Complaint, the Chief Title IX Officer may sign a Formal Complaint. In determining whether to sign a Formal Complaint, the Chief Title IX Officer will consider factors that include but are not limited to:

• Whether there have been other reports of Sexual Harassment or other relevant misconduct concerning the same Respondent whether or not the incidents occurred while the Respondent was an TWU student or employee;

• Whether the Respondent threatened further Sexual Harassment or other misconduct against the Complainant or others;

• Whether the alleged Sexual Harassment was committed by multiple perpetrators;

• The nature and scope of the alleged Sexual Harassment including whether the Sexual Harassment was perpetrated with a weapon;

• The ages and roles of the Complainant and the Respondent

• Whether TWU can pursue the investigation without the participation of the Complainant (e.g., whether there are other available means to obtain relevant evidence of the alleged Sexual Harassment such as security cameras or physical evidence);

• Whether the report reveals a pattern of perpetration (e.g., perpetration involving illicit use of drugs or alcohol) at a given location or by a particular group.

Dismissal of a Formal Complaint

Required Dismissal

The Chief Title IX Officer will dismiss a Formal Complaint for purposes of Sexual Harassment if:

(1) The conduct alleged in the Formal Complaint would not constitute Sexual Harassment as defined in this Policy even if proved;

(2) The conduct alleged did not occur in TWU’s Education Pro- gram or Activity; or

(3) The Conduct alleged in the Formal Complaint did not occur against a person in the United States.

Dismissal of a Formal Complaint does not preclude action under the other provisions of TWU’s policies and procedures. If a Formal Complaint is dismissed under this section and the Respondent is a student, the matter will be sent to the Vice President for Student Life for review. Vice President for Student Life will decide whether the matter will be pursued under the TWU Code of Conduct.

If a Formal Complaint is dismissed under this section and the Respondent is an employee, the matter will be sent to the Director for Human Resources for review. The Director of Human Resources will decide whether the matter will be pursued under the TWU Code of Conduct.

Permissive Dismissal

The Chief Title IX Officer may dismiss a Formal Complaint or any allegations within the Formal Complaint, if at any time during the investigation or hearing:

(1) A Complainant notifies the Chief Title IX Officer in writing that the Complainant would like to withdraw the Formal Complaint or any allegations within the Formal Complaint,

(2) The Respondent is no longer enrolled or employed by TWU,

or

(3) Specific circumstances prevent TWU from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations within the Formal Complaint.

Appeal of Dismissal

Either party may appeal the dismissal of a Formal Complaint or any allegations therein. See Section 7 for bases and process for appeals.

TWU prepares students with the transformative experience and to be well-rounded leaders who make a positive impact on the world.

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Filing a Complaint

Filing a Complaint

Reporting & Filing

TWU Federal Reporting Obligations:

Reporting to Off-Campus Agencies and Resources

Reporting To Law Enforcement

Reporting to Outside Agencies: Students

Reporting to Outside Agencies: Employees

Outside Agency Support and Resources

Local Emergency Facilities

Initial Response to Reported Sexual Harassment:

Formal Complaints

Filing a Formal Complaint

Dismissal of a Formal Complaint

Required Dismissal

Permissive Dismissal

Appeal of Dismissal

TWU prepares students with the transformative experience and to be well-rounded leaders who make a positive impact on the world.

Majors & Minors

Student Employment Rate

Graduate Without Debt

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Admissions Resources

Undergraduate

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STUDENT RESOURCES