Title IX

Lane College is committed to maintaining an academic environment free from any form of sexual misconduct or sexual assault. Sexual misconduct is socially irresponsible and violates the rights of other individuals. Nothing an individual does, say or wears give another individual the right to assault someone. Sexual assault is a crime and will be dealt with accordingly. Sexual assault involves any act of forced, coerced, or non-consensual sexual intercourse or sexual contact. An individual is unable to give informed consent if they are asleep, intoxicated, unconscious, or in some other way physically or emotionally unable. Sexual assault is also the term used to define any unwanted touching of an intimate part of another person.

DEFINITION OF SEXUAL ASSAULT

Sexual assault, including rape, occurs when a person is forced or coerced physically, verbally or by deception into any type of sexual conduct or contact with another person whether the assailant is a friend, acquaintance or stranger. Sexual offenses, as defined in the Tennessee Code Annotated, chapter 13, Part 5, includes aggravated rape, rape, aggravated sexual battery, sexual battery, and statutory rape.

Acquaintance rape is a form of sexual assault that includes manipulation within a relationship. This manipulation includes using acquaintance to gain trust and take advantage of the victim’s vulnerability. Acquaintance rape includes:

Having sexual relations against the victim's will and without the victim's consent.
Having sexual relations with someone who is drunk or high and therefore unable to give consent.
Using physical force or threats of physical force to coerce the victim into sexual relations.
Using emotional manipulation and/or threats to coerce the victim into sexual relations.

FACTS ABOUT SEXUAL ASSAULT

Sexual assault can happen to anyone of any age, race, gender, and socioeconomic background– at any time or place.
Sexual offenders can be of any age, race, class, or occupation.
Sexual assault occurs as frequently during the day as it does at night.
Acquaintance rape by a friend, new acquaintance, or co-worker is frequent, particularly among young, single women.
Statistics show that 50% of sexual assaults occur in or around a victim's home: and 50% during the day.
Every two (2) minutes, someone in the United States is sexually assaulted.
44% of the victims are under age 18.
80% of the victims are under age 30.
Each year, there are about 207,754 victims of sexual assault in the United States.
54% of sexual assaults are not reported to the police.
Approximately 2/3 of assaults are committed by someone known to the victim.
30% of rapists are a friend or acquaintance.
Up to 60% of sexual assault offenders reported being under the influence of alcohol.
40% of victims of sexual assault had been drinking alcohol.

PREVELANCE

College students of traditional age are vulnerable to being victims of sexual assault. The new setting coupled with sexual impulses and peer pressure may lead to dangerous experimenting with new freedoms. Acquaintance rape is prevalent on college campuses. Acquaintance rape refers to the fact that the victim knows the assailant prior to the rape. The assailant may be a friend or significant other or someone who knows the victim from living in the same residence hall or apartment complex or having a class together.

Most sexual assaults involve the use of alcohol by both the assailant and the victim. The mood-altering effects of alcohol reduce inhibitions, as well as the ability to assess dangerous situations and safeguard one’s self. Sexual conduct when the victim is intoxicated is sexual assault because a person is unable to give informed consent when drunk. Intoxication of the assailant does not diminish responsibility.

HOW TO HELP PREVENT SEXUAL ASSAULT

There is no absolute way to protect yourself against sexual assault, but there are simple common-sense precautions that can help minimize risk. Be aware of your surroundings and don’t let alcohol or any other drugs cloud your judgment. Be assertive and always demonstrate that you are in control.

Keep your doors and windows locked when you leave your apartment or automobile.
Watch your keys. Don't lend them. Don't leave them. Don't lose them. Don't put your name and address on your key ring.
Know your limits when it comes to using alcohol.
Don't prop open self-opening doors.
Lock you door and windows, even if you leave for just a minute.
Always watch for unwanted visitors. Know who is on the other side of the door before you open it.
Walk with confidence. The more confident you look, the stronger you appear.
Keep out of isolated areas such as underground garages, offices after business hours, and apartment laundry rooms.
There is safety in numbers. Walk with a companion or with a group at night. Stay in well-traveled, well-lit areas.
Trust your instincts. If you feel uncomfortable in your surroundings, leave.
Have your key ready to use before you reach the door - home, car, or work.
Park in well-lit areas and lock the car, even if you will only be gone for a few minutes.
Drive on well-traveled streets with doors and windows locked.
Never hitchhike or pick up a hitchhiker.
Keep your car in good shape with plenty of gas in the tank.
In the event of car trouble, call for help on your cellular phone. If you don't have a phone, put the hood up, lock the doors, and put a banner in the window that says, "Help. Call Police."
Be careful about revealing personal information (address, location, etc.) on social media sites.

WHAT TO DO IF YOU ARE A VICTIM OF SEXUAL ASSAULT

Any student who believes that she/he has been sexually assaulted or that an act of sexual assault has taken place may notify any Campus Security Authority, such as the Vice President for Student Affairs, the Director of Campus Safety and Security, a Counselor, a Nurse, a Residential Life staff member, a faculty advisor, or an athletic coach. Any one of these people will immediately notify the Vice President for Student Affairs/Dean of Students that an accusation of sexual assault has been made.

The College recognizes that a sexual assault is more than an assault on an individual’s body, but is also an invasion on the individual’s dignity and sense of self. Out of respect for the individual choices available to a sexual assault victim and to support her/his privacy needs after an incident, the College leaves the decision to file a formal student complaint, a formal sexual harassment complaint, or criminal charges up to the individual victim. Resources for assistance will be discussed, but all members of the College community will abstain from demanding that the victim report, not report, or under-report a sexual assault. The College reserves it right to investigate an incident using all available information from any source and will cooperate with the efforts of local, state, and federal law enforcement agencies to apprehend individuals who may have committed acts of sexual assault.

The College encourages a sexual assault victim to take the steps listed below. In the event the victim is physically or psychologically unable to make his/her own decisions, normal emergency medical and psychological procedures will be followed, including taking the victim to the hospital and calling a member of the Counseling staff.

The following steps are those which Lane College encourages all victims to consider:

1. The victim is advised to immediately contact a friend, Security Officer, Counselor, Nurse, College faculty or staff, or someone with whom they feel safe.

2. The victim is advised to seek medical attention at Jackson-Madison-County General Hospital or Regional Hospital in order to protect an individual’s own health and to attend to any injuries, possible pregnancy, or infections (sexually transmitted diseases). Emergency Room personnel are trained in the collection of physical evidence, which will be helpful and necessary if a victim should choose, then or at a later time, to utilize the legal avenues available in prosecuting his/her assailant.

3. The victim is advised to not change clothes, shower, bathe, or douche and if possible, not to urinate in order to preserve all evidence. In addition, victims are advised to save all clothing, linens, or other items that may have been touched by the assailant so they may be given to the Jackson City Police or Madison County Sheriff Department for evidence.

4. The victim is advised to contact the Jackson Police Department or Madison County Sheriff Department immediately following an assault. Institutional employees will assist the victim in notifying the authorities, if the student requests the assistance of these personnel. Once the assault is reported to law enforcement officials, the police will file charges if the evidence warrants such action.

5. The victim is advised to alert the appropriate administrative personnel of the College of the assault as soon as possible in order to assure that the victim and other potential victims have a safe campus environment after an incident. At Lane College, this official is the Director of Campus Safety and Security. Reporting a sexual assault does not commit a victim to filing a complaint with the College. The information will be kept confidential to the fullest extent permitted by law. Incidents of sexual assault may be reported by the victim or by another individual who shall serve as a liaison with the Office of the Dean of Students. The liaison could be any faculty, administrative, or professional staff member at Lane College. This person may assist the victim during any investigative proceedings. If the victim wishes, action will be taken to assure her/his safety. These actions could include: relocation to another room or residence hall, changing of room locks, contact professors, adjusting class schedules, and assisting with filing a legal protection order against an assailant. The victim is also advised to consider whether she/he wishes to file a formal complaint with college authorities.

6. The victim is advised to utilize as many of the following services as will be helpful: the Counseling Center, Health Center, Office of the Dean of Students, Chaplain, Women’s Rape and Resource Center (WRAP), and Tennessee Coalition Against Domestic and Sexual Violence. Services are also available in other counties adjacent to Madison County.

JURISDICTION

Lane College reserves the right to pursue adjudication of an incident of sexual assault apart from and independent of any legal recourse a student might choose. An individual who decides against filing a criminal complaint does not relinquish the right to an institutional investigation. Sanctions which might be imposed upon an assailant by the College are not predicated upon, or limited to, those which might be administered through a court of law. The College makes no attempt to shield members of the Lane College Community from the law, nor does it initiate involvement in legal proceedings against a member of the Community. Membership in the Lane College Community does not exempt anyone from local, state, or federal laws, but rather imposes the additional obligation to abide by all of the College’s policies.

Lane College also reserves the right to hold its students and employees accountable for acts of sexual assault at all times and places. The jurisdiction of the Lane College Sexual Assault Policy includes campus property, off-campus property, as well as any College-sponsored event which takes place off-campus (i.e., athletic event, concert tour, trip, conference, retreat, etc.). The jurisdiction of this policy also includes any conduct which occurs off-campus which is deemed to have a negative impact on the campus.

TITLE IX DISCIPLINARY HEARING PROCESS AND DISCIPLINARY SANCTIONS

When a report of sexual assault is filed with the Lane College Title IX Coordinator, the following hearing procedures will be followed:

1. When applicable, the respondent (accused student) will receive a written notification of the charge(s) against him/her or the alleged violation. The notice will cite the complainant (accuser), date, time, and place of the hearing

2. The administrative judicial hearing will follow this procedural guide for conducting a hearing: The Title IX Coordinator or the designee of the Title IX Coordinator will assume responsibility for making the determination as to the responsible or not responsible of the respondent and recommending the sanction for the said offense. In some instances, a faculty/staff member may be asked to participate in the hearing.

3. The Title IX Coordinator or her/his designee will notify, in writing, the respondent, complainant and other appropriate persons of the decision and sanction imposed. If the student is found responsible, a copy of the notification will be sent to the Vice President for Student Affairs/Dean of Students.

PROCEDURES FOR TITLE IX DISCIPLINARY HEARINGS

The Faculty/Student Disciplinary Committee is a fact-finding body and their hearings are not intended to simulate a court of law. Therefore, the parties involved present at the hearings will be the following:

The respondent (accused), the complainant (accuser), witnesses, and advisors and representatives for the respondent and complainant. At least a quorum of the members of the Faculty/Student Disciplinary Committee must be present. No person shall attend the hearing that is not herein defined. If a member of the Faculty/Student Disciplinary Committee is responsible for a case being brought before the Faculty/Student Disciplinary Committee, that member must disqualify herself/himself from the case.

GUIDELINES FOR CONDUCTING THE HEARING

The Chairperson of the Faculty/Student Disciplinary Committee will convene and preside over the hearing according to the following guidelines:

1) The hearing begins when all are seated and ready to commence.

a) The Chair asks both the respondent and the complainant if they are ready.
b) The Chair stresses the confidential nature of the proceedings and reminds those present that they are obligated to speak the truth whenever they are speaking during the hearing.
c) The Chair asks both the respondent and complainant if there are any member of the Committee either wishes to challenge.
d) The Chair calls the hearing to order and reads the charge(s) that has (have) been filed by the complainant.
e) The Chair asks the plea of the respondent. If the respondent pleads responsible, the Chair excuses the parties and the Committee members confer on the sanction to be imposed for said violation.
f) The recorder, appointed by the Chair, maintains a written record of the proceedings.
g) The Chair asks the complainant to present her/his opening remarks, state the nature of the accusation(s) and, in a brief statement, outline the major elements of her/his case.
h) The Chair asks the respondent to present her/his opening remarks in a brief statement.
i) The Chair asks relevant initial questions of the parties as deemed appropriate by the Chair.
j) The Chair will then call complainant’s witnesses, if any, one at a time.
k) After each witness testifies, the complainant/respondent’s Advisor may cross examine the witness if she/he wishes to do so. The members of the Committee may also question each witness if they have questions; after which the Chair calls the next witness. The members
of the Committee may also question the complainant/respondent if they have any questions.
l) If a party does not have an Advisor present at the live hearing, the college must provide without fee or charge to that party, an Advisor of the college’s choice, whom may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.
m) Only relevant cross-examination and other questions may be asked of a party or witness. The Chair must decide if questions are relevant before they are answered during the hearing and explain any decision to exclude a question(s).
a. If a party or witness does not submit to cross-examination at the live hearing, the Chair must not rely on any statement of that party or witness in reaching a determination regarding responsibility.
b. The Chair and committee members cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

2) After all presentations from the complainant, the respondent, and their witnesses, the floor is opened to the members of the Committee by the Chair. The members may ask direct questions to the complainant, the respondent, and their witnesses for the purpose of clarification.

3) The complainant presents her/his closing remarks (summarizing the prior testimonies)

4) The respondent presents her/his closing remarks in a like manner.

5) After the hearing the Chair and the members of the Committee will make a finding by the preponderance of the evidence as to whether the respondent is responsible or not responsible for violating the policy.

a. Responsible: There is sufficient evidence to believe that the respondent committed the violation.
b. Not Responsible: There is insufficient evidence to believe that the respondent committed the violation.

6) After the Committee has determined whether the respondent is responsible or not responsible. If the respondent is found responsible, the Committee will decide on the appropriate sanction(s). The sanction(s) may include, but is not limited to any of the following: loss of housing contract, restitution, mandatory counseling, educational sanctions, disciplinary probation, suspension or expulsion. The Chair within three (3) business days shall send a written notification of the decision to the Title IX Coordinator or designee.

PROCEDURE FOR APPEAL

Both the respondent and the complainant may file an appeal within three (3) business days after receipt of the written notification of the Title IX Coordinator’s decision.

The decision of the Title IX Coordinator and Disciplinary Committee may be appealed to the Appeals Committee consisting of the Vice President for Academic Affairs, the Vice President for Student Affairs and the President of the Student Government Association. The Appeals’ Committee decision may be appealed to the President of Lane College.

RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT

In an effort to be sensitive to the needs of a victim of sexual assault, the following are basic rights to which every victim is entitled:

The right to be believed. The Lane College administration and staff are committed to listening to the victim’s situation and taking the complaint seriously.
The right to safety. If the victim feels that she/he continues to be in a dangerous situation, Lane College personnel will work with the victim to insure her/his safety.
The right to not be academically penalized. At the victim’s discretion (and with the victim’s consent), contact will be made with professors to explain absences from class, missed assignments, etc.
The right to advocacy. Lane College offers staff members (Campus Counselor, College Nurse, and Campus Chaplain) who are available to serve as the victim’s advocate through judicial and recovery processes.
The right to confidentiality. All matters regarding sexual assault will be handled in a confidential and respectful manner.

IF YOU KNOW SOMEONE WHO HAS BEEN THE VICTIM OF SEXUAL ASSAULT

If you know someone who has been the victim of sexual assault, the following are suggestions of things that you can do to help:

Be supportive. Give the person the opportunity to express and talk about her/his feelings, fears and reactions as she/he chooses.
Encourage the individual to seek medical attention as soon as possible. It is important to encourage an individual not to bathe, wash, or change clothes immediately following a sexual assault before seeking medical attention. Seeking medical attention is both to safeguard the health of the victim and to preserve valuable evidence should she/he decide to report the attack and prosecute the assailant.
Suggest that the individual talk with someone trained to help sexual assault victims. The list of on- campus and off-campus resources can be found at the end of this document.
Encourage the individual to report the assault to both the Jackson Police Department and the Vice President for Student Affairs.

EDUCATION AND PREVENTION PROGRAMS

Lane College takes very seriously the important role which education and prevention programs play in a safe campus environment. The College is committed to providing this type of programming for its community. This commitment is exemplified through a Title IX seminar provided by the Title IX Coordinator and Vice President for Student Affairs, the Counseling Office, the Lane College Sexual Harassment Policy, the Lane College Sexual Assault Policy, and the Statement of Rights and Responsibilities in the Student Handbook.

Additionally, pamphlets and other resource materials can be found in the Office of Counseling Services.

REPORTS

Lane College believes that a well-informed community can better prevent the incidence of sexual assault. The Division for Student Affairs, in conjunction with the Office of the Title IX Coordinator, will give timely notice to the College community when an assault or attempted assault is reported on campus so that the community can take appropriate steps to prevent this type of activity in the future. This notice will be given through the e2Campus Emergency Notification System, email, postings, or a combination of these communication vehicles. The name of the victim will not be released by the Vice President for Student Affairs in any notifications to the community members informing them of information pertaining to the offense. Also, such notifications will not include information that would cause the victim to be notified. Thus, the College will strive to balance its concerns for the privacy of victims of sexual assault with its duty to warn members of the Lane College community when serious crimes are reported.

CAMPUS SECURITY

The College is committed to campus security that prevents or at least reduces criminal activity. Close attention is paid to campus lighting and building security. The College employs a security staff to provide surveillance including the checking for unlocked or blocked open doors. The College also utilizes camera surveillance systems in all of its residential facilities. All buildings are equipped with a burglary alarm system. The buildings are armed and monitored daily by an outside vendor. Additional information about campus security can be found in the Lane College Safety Manual and Campus Safety Pocket Guide.

RESOURCES

The following individuals and agencies can be contacted for assistance in the event that a sexual assault occurs. The decision of who is called rests solely with the victim, although the College encourages victims to follow the emergency procedures outlined earlier in this Policy in the section entitled, Emergency Procedures and Reporting Options.

ON-CAMPUS

Mr. Darryl K. McGee | Deputy Title IX Coordinator | 731.425.2550
MS. Charlotte Richey | Title IX Investigator | 731.499.4176
Ms. Kelly R. Boyd | Title IX Investigator | 731.426.2547
Mr. Monica Berry | College Counselor | 731.426.7619
Ms. Alicia Moore | College Nurse | 731.265.6604
Reverend Freeman McKindra | College Chaplain | 731.426.7612

OFF-CAMPUS

Emergency, 9-911
Jackson Police Department, 731-425-8400
Madison County Sheriff’s Department, 731-423-6000 · Jackson-Madison County General Hospital, 731-541-5000 or https://www.wth.org/
WO/MEN’s Resource and Rape Assistance Program (WRAP), (800) 273-8712 or http://www.wraptn.org/
Tennessee Coalition to end Domestic and Sexual Violence, (800) 289-9018 or https://www.tncoalition.org/
The Tennessee Sex Offender Registry can be accessed by using the following web address: https://www.tn.gov/tbi/general-information/tennessee-sex-offender-registry.html

PROTECTION AGAINST RETALIATION

Retaliation against anyone seeking information on Title IX/Sexual Assault or serving as a witness is forbidden. If you feel that you are being retaliated against, you may report the matter to the persons listed above. Appropriate disciplinary action will be taken against anyone found to be taking retaliatory action.