Policy

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Scope

II. Scope

A. These procedures shall be utilized by:

  1. Any employee or student, including applicants for employment or admission as a student, who has been a victim of Sexual Discrimination and/or Harassment, regardless of sexual orientation or gender identity/expression during the person’s participation in or attempt to participate in the educational program(s) or activities of Cumberland University in the United States;
  2. Any former employee or student who has been a victim of Sexual Discrimination and/or Harassment, if the conduct took place within the United States during the time of employment or enrollment at Cumberland, and the conduct has a reasonable connection to the institution;
  3. Any person, including parents or guardians, who has knowledge of an act of Sexual Discrimination and/or Harassment against another employee or student in order to report such conduct; and,
  4. All third parties with whom Cumberland University has an educational or business relationship who have been a victim of Sexual Discrimination and/or Harassment when the conduct has a reasonable connection to the institution.

B. This policy applies to all University programs and activities, including, but not limited to, Sexual Discrimination and Sexual Harassment in athletics, instruction, grading, University housing, and University employment. This policy applies to alleged violations that occur in the United States in locations, events, or circumstances over which the University exercised, at the time of the alleged incident, substantial control over both the Respondent and the context in which the Sexual Harassment occurs, including any building owned, leased, or controlled by the University or by a student organization that is officially recognized by the University.


C. This policy allows the consolidation of Formal Complaints arising out of the same factual circumstances in instances where there is more than one Complainant or Respondent, or where a cross-complaint has been filed by a Respondent against a Complainant.

When Complainants choose to consolidate Formal Complaints, a single investigatory and adjudicatory process will be used where it arises from the same incident and parties. In such cases, each party would independently and simultaneously receive notification and information. In consolidated complaints, the University will issue a single investigative report.

All parties to a consolidated complaint will also receive the same written determination of responsibility when the allegations arise out of the same facts or circumstances, although the determination of responsibility may be different with respect to each allegation depending on the facts. The written determination will be provided simultaneously to the parties and may not be redacted.


D. It is central to the values of this University that any individual who believes he/she may have been the target of unlawful Sexual Discrimination or Sexual Harassment feel free to report his/her concerns for appropriate investigation and response, without fear of retaliation or retribution. The law prohibits retaliation against an individual for:

1. Opposing any practices forbidden under this policy;

2. For bringing a complaint of Sexual Discrimination or Sexual Harassment;

3. For assisting someone with such a complaint;

4. For attempting to stop such conduct;

5. For participating in any manner in an investigation or resolution of a complaint of Sexual Discrimination or Sexual Harassment.


E. This policy shall not be construed or applied to restrict academic freedom, nor shall it be construed to restrict constitutionally protected expression, even though such expression may be offensive, unpleasant, or even hateful.

F. There is no time limit or statute of limitations on a Complainant’s decision to file a formal Title IX Complaint with the University.

G. All other forms of discrimination are also strictly prohibited and are subject to the procedures described in the University’s Anti-Discrimination Policy:

Cumberland University does not discriminate on the basis of race, sex, creed, color, religion, sexual orientation, gender identity/expression, genetic information, ethnic or national origin, age, disability or veteran status or any other classification protected by Federal, or State constitutional or statutory law in provision of education opportunities or employment opportunities and benefits, pursuant to the requirements of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. 2000D; Title IX of the Education Amendments of 1972, Pub. L. 92-318: Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990, Pub. L. 101-336; the Age Discrimination in Employment Act of 1967 (Pub. L. 90-202) (ADEA); and the Age Discrimination Act of 1975, 42 USC 6101, et. seq. This policy extends to employment by and admission to the University as well as the terms and conditions of matriculation. Inquiries or complaints involving alleged unlawful or prohibited discrimination on the basis of race, sex, creed, color, religion, sexual orientation, gender identity/expression, genetic information, ethnic or national origin, age, disability or veteran status or any other classification protected by Federal, or State constitutional or statutory law must be in writing and directed to William R. Richardson, Designated University Coordinator, Executive Director of Community Relations & External Affairs, Memorial Hall #108, Cumberland University, 1 Cumberland Square, Lebanon, TN 37087, 615-547-1257 (with a copy to the Disability Coordinator if the complaint involves accommodation for a disability). In the event that the conduct involves the Designated University Coordinator for any matter involving prohibited discrimination under this policy, the inquiry or complaint must be in writing and directed to the University's General Counsel Chuck Cagle, at Lewis, Thomason, King, Krieg & Waldrop, P.C., 424 Church Street, Suite 2500, Nashville, TN 37219, 615-259-1366. Inquiries or complaints to the University’s General Counsel shall involve an initial complaint against the listed individuals and not an appeal of one of their decisions. The University's General Counsel does not hear appeals of any decision involving unlawful or prohibited discrimination.