Reporting Sexual Discrimination and Harassment
V. Reporting Sexual Discrimination and Harassment
For flow chart of the reporting, investigation, and hearing process, see Section XIX.
A. Do not wait to report conduct of concern until the conduct becomes sufficiently serious (i.e., severe, pervasive, or persistent) to create a hostile environment. The Title IX Coordinator can take proactive steps to prevent the conduct from continuing and perhaps escalating, and to protect or otherwise assist the person who has experienced Sexual Harassment. For example, the University can arrange for no-contact orders, counseling, and changes in class schedules, living arrangements, class requirements, and testing schedules as needed. The Title IX Coordinator can also provide expertise and advice to help identify conduct that might be a warning sign of or constitute Sexual Discrimination or Sexual Harassment prohibited by this policy and address any concerns or complaints appropriately.
B. Cumberland University encourages persons who have experienced Sexual Discrimination and Sexual Harassment to talk to somebody about what happened so they can get the support they need and so that the University can respond appropriately. Though Cumberland will keep reports as confidential as possible, it cannot guarantee the confidentiality of every report or complaint. The provisions in Section VI detail the confidentiality options available to individuals.
C. A student who experiences Sexual Harassment and who was under the influence of alcohol or drugs during the Sexual Harassment incident should not be reluctant to seek assistance for fear of being sanctioned for his/her improper use of alcohol or drugs. Under the Amnesty policy, the University will generally not pursue disciplinary violations against the person who has experienced Sexual Harassment (or against a witness) for his/her improper use of alcohol or drugs (i.e., underage drinking), if the person who has experienced Sexual Harassment or witness is making a good faith report of Sexual Harassment. (see Section III. C.).
D. Reporting:
1. Confidential Reports: Reports to professional licensed counselors (including the Cumberland Counseling Office) or to professional ministers (including the Cumberland University Chaplain) are confidential in every respect, to the extent allowed by law. For example, Tennessee’s mandatory reporting law related to abuse of minors, imminent harm to others, or subpoenas for testimony may require disclosure of all information received.
a. Professional licensed counselors who provide mental health counseling to CU’s campus community are not required to report any information about an incident to the Title IX Coordinator and will not do so without written permission.
b. Professional ministers are not required to report any information about an incident to the Title IX Coordinator and will not do so without written permission.
c. The above designated personnel can assist the person who has experienced Sexual Harassment in receiving other necessary protection and support, such as victim advocacy and health or mental health services. Written permission from the person who has experienced Sexual Harassment to reveal the minimum information necessary to arrange requested assistance will be obtained prior to disclosure.
2. Private, Not Necessarily Confidential Reports: Reports to a Responsible Employee will not be absolutely confidential but will be handled in as confidential a manner as possible.
a. When a Complainant tells a Responsible Employee (as defined in Section III P.) about an incident of Sexual Discrimination or Sexual Harassment, the Responsible Employee must report to the Title IX Coordinator all relevant details about the alleged Sexual Discrimination or Sexual Harassment. Information reported to a Responsible Employee will be shared only with the Title IX Coordinator.
b. A Responsible Employee shall not share information with law enforcement without the Complainant’s Consent.
c. Employees in the following list are designated as Responsible Employees:
(1) Title IX Coordinator and designees;
(2) President, Provost, Vice Presidents, Executive Directors, Directors, Assistant Directors, and Deans
(3) Faculty;
(4) Academic Advisors;
(5) Advisors for student organizations;
(6) Resident directors and resident assistants;
(7) Athletic coaches and trainers;
(8) University Security Authorities, as required by the Clery Act;
(9) Director of Safety and Security and any security officers employed in any capacity by the University. All security officers are additionally bound by the Nottingham Act requirements:
Unless the victim of a Sexual Assault does not consent to the reporting of an offense, the Director of Safety and Security shall immediately notify the Lebanon Police Department, or other local departments depending on jurisdiction, if Security is in receipt of a report from the victim alleging that any degree of Rape has occurred on University property. The Director of Safety and Security shall designate one person who shall have the authority and duty to notify the local Police Department in his/her absence. In the case of an alleged Rape, University Security and the local Police Department shall jointly investigate the incident. The local Police Department and University Security shall cooperate in the investigation. If the victim does not consent to the reporting, no member of Cumberland Security shall report the offense to the local law enforcement agency.
d. Before a Complainant reveals any information to a Responsible Employee, the Responsible Employee must ensure that the Complainant understands the Responsible
Employee’s reporting obligations.
(1) If the Complainant wants to maintain confidentiality, the Responsible Employee must direct the Complainant to confidential resources.
(2) If the Complainant wants to tell the Responsible Employee what happened but also maintain confidentiality, the Responsible Employee must advise the Complainant that the request will be considered, but no guarantee can be given that the University will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the Responsible Employee will also inform the Title IX Coordinator of the Complainant’s request for confidentiality.
(3) Responsible Employees will not pressure a Complainant to request confidentiality but will honor and support the Complainant’s wishes, including for Cumberland to fully investigate an incident. By the same token, Responsible Employees will not pressure a Complainant to make a full report if the Complainant is not ready to do so.
3. Formal Complaints:
To file a Formal Complaint, contact the Title IX Coordinator:
If you have a complaint against a Cumberland University student, faculty, staff, or visitor for Sexual Harassment, Sex Discrimination, or Sexual Assault, you may contact the Title IX Coordinator at any time:
William R. Richardson
rrichardson@cumberland.edu
Memorial Hall #108
615-547-1257
The University shall not share personally identifiable information with law enforcement without the Consent of the person who has experienced Sexual Harassment, or unless the person who has experienced Sexual Harassment has also reported the incident to law enforcement and has confirmed this with the University.
4. Reports Not Considered “Notice” To the University:
a. Public awareness events, candlelight vigils, protests, survivor speak outs, or other forums, including social media and class discussions, in which students disclose incidents of Sexual Discrimination and/or Sexual Harassment are not considered notice to Cumberland of Sexual Discrimination and/or Sexual Harassment for purposes of triggering its obligation to investigate any particular incident(s).
b. Such events may inform the need for campus-wide education and prevention efforts, and Cumberland will provide information about students’ Title IX rights at these events.
5. Reporting to the U.S. Department of Education:
U.S. Department of Education
Office for Civil Rights
61 Forsyth Street, S.W., Suite 19T10
Atlanta, GA 30303-8927
(404) 974-9406 (phone)
(404) 974-9471 (fax)
ocr.atlanta@ed.gov