Sexual Harassment/Sexual Misconduct
It is the responsibility of the Office of Equity and Compliance to ensure compliance with federal and state law, to maintain a means of reporting discrimination and harassment and to ensure proper follow up action. George Underwood, Executive Director and Title IX Coordinator, currently carries out these duties and the duties of Americans with Disability Act Coordinator, Title VI Coordinator and Affirmative Action Officer.
Pellissippi State Community College (PSCC) intends to fully comply with Title IX of the Education Amendments of1972, §485(f) of the HEA, as amended by§ 304 of the Violence Against Women Reauthorization Act of 2013, the regulations implementing these Acts found at 34 CFR §668.41, §668.46, and Appendix A to Subpart D of Part 668. PSCC Sexual Misconduct Policy.
A report may be filed with George Underwood at any time (including during non-business hours) by telephone, email, United States postal mail, in-person or through the online reporting form below.
Creating a Safe Campus
Defining and Reporting Sexual Harassment and Sexual Misconduct
Sexual Harassment, Sexual Violence, Gender-Based Harassment Prevention
Pellissippi State Community College strives to maintain a safe campus environment, free of harassment and discrimination. As such, the College will not tolerate sexual misconduct, which includes but is not limited to sexual harassment, gender-based harassment, sexual violence, including stalking, sexual assault, domestic violence, dating violence, and rape. Sexual harassment, sexual violence, and other gender-based harassment occurring in the college setting fall under a federal law called the Title IX of the Higher Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities and which triggers certain responsibilities on the part of the College.
Tennessee Board of Regents Definitions
CONSENT—An active agreement to participate in a sexual act. An active agreement is words and/or actions that indicate a willingness to participate in a sexual act. Consent cannot be given by an individual who is asleep; unconscious; or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason: or, is under duress, threat, coercion, or force. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time.
STALKING—Engaging in a course of conduct directed at a specific person that would cause a reasonable person to either (a) fear for their safety or the safety of others or (b) suffers substantial emotional distress. “Course of conduct” means two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates with or about another person, or interferes with another person’s property. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. For the definition of stalking, “reasonable person” means a reasonable person under similar circumstances and with similar identities to the Complainant.
SEXUAL ASSAULT—An umbrella term that includes rape, fondling, incest, and statutory rape.
- “Rape” means the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- “Fondling” means the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental incapacity.
- “Incest” means sexual intercourse between persons who are related to each other within degrees where marriage is prohibited.
“Statutory rape” means sexual intercourse with a person who is under the statutory age of consent.
RAPE—Unlawful sexual penetration of a victim by the defendant, or of the defendant by a victim, accompanied by any of the following circumstances: force or coercion is used to accomplish the act; the sexual penetration is accomplished without the consent of the victim and is the defendant knows or has reason to know at the time of the penetration that the victim did not consent; the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless; or the sexual penetration is accompanied by fraud. Rape is a Class B felony.
DOMESTIC VIOLENCE—Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who cohabitating with or has cohabitated with, the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime occurs, or by any other person against an adult or youth victim who is protected from that person’s acts under those domestic or family violence laws of the jurisdiction in which the crime occurs. In cases involving allegations of mutual acts or threats of acts of violence, the investigator will, when appropriate, identify the primary aggressor in the situation based on the totality of the information gathered including without limitation: the history of violence between the parties: the relative severity of the injuries inflicted on each person: information gathered from the persons involved in the situation and witnesses to the situation: and whether the acts were done in self-defense. The primary aggressor will be considered the Respondent for purposes of evaluating Domestic Violence.
DATING VIOLENCE—Violence against a person when the accuser and accused are dating, or who have dated, or who have or had a sexual relationship. Dating and dates do not include fraternization between two individuals solely in a business or non-romantic social context. Violence includes, but is not necessarily limited to:
- Inflicting, or attempting to inflict, a physical injury on the accuser by other than accidental means;
- Placing the accuser in fear of physical harm
- Physical restraint
- Malicious damage to the personal property of the accuser, including inflicting, or attempting to inflict, physical injury on any animal owned, possesses, leased,
- kept, or held by the accuser
- Placing a victim in fear of physical harm to any animal owned, possessed, leased, kept, or held by the accuser
If you are a victim or know of a victim of sexual violence, you are encouraged to report the incident in one of two ways, confidential or formal options.
If you desire the details of the incident to be kept confidential, you may speak with on-campus counselors or off-campus sexual violence crisis resources who can maintain confidentiality. Pellissippi State counselors are available to talk to you about your reporting options.
Off-campus resources are located in the Community Resources section of this webpage. You can also call 911 or go to the nearest hospital emergency room.
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.” Title IX of the Education Amendments of 1972
Pellissippi State Counseling Services
Contact Us: firstname.lastname@example.org, 865.694.6480
HARDIN VALLEY CAMPUS
BLOUNT COUNTY CAMPUS
Heather White, LPC-MHSP Temp., C.R.C.
BL 113 | email@example.com | 865.981.5303
MAGNOLIA AVENUE CAMPUS
Doug Devaney, MA
MA 142 D | firstname.lastname@example.org | 865.329.3113
STRAWBERRY PLAINS CAMPUS
Esmilsa Alford-Christian, LPC-MHSP (temp)
ST 2935 | email@example.com | 865.225.2312
You have the right and can expect to have incidents of sexual misconduct to be taken seriously by the College when reported and to have those incidents investigated and properly resolved through administrative procedures.
“Formal reporting” means that only people who need to know will be told about the incident and information will be shared as necessary with investigators, witnesses, and the accused individual.
All incidents must be reported to the Title IX coordinator:
Phone: 865.539.7354 firstname.lastname@example.org
Suicide & Crisis Hotline
Call or Text: 988
Knoxville Family Justice Center
400 Harriet Tubman Street Knoxville 37915
24/7 HELPLINE: 865.521.6336
Sexual Assault Center of East Tennessee
2455 Sutherland Avenue Building B Knoxville 37919
24/7 CRISIS LINE: 865.539.2409
Domestic Violence Center
Text START to 88788
Pellissippi State Police officers are available on all campuses at the Campus Police Office.
Hardin Valley Campus
865.694.6646 | www.pstcc.edu/campus-police
The College will not subject any student, faculty or staff to discrimination or harassment under any educational program and no one shall be discriminatorily excluded from participation nor denied the benefits of any educational program on the basis of race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, pregnancy, disability, age (40+), status as a covered veteran, genetic information, or other category protected by federal or state civil rights law related to the College.