Personnel
Nondiscrimination on Basis of Sex in Education (6.25)
PURPOSE
It is the intent of Tennessee State University to fully comply
with Title IX of the Education Amendments of 1972, Sections 799A
and 845 of the Public Health Service Act and Regulations issued
pursuant thereto (45 C.F.R. Parts 83 and 86). The following policy
and procedures are adopted by the university to assist in compliance.
POLICY
It is the policy of Tennessee State University, pursuant to
Title IX of the Education Amendments of 1972, Section 799A and
845 of the Public Health Service Act and Regulations adopted pursuant
thereto, not to discriminate on the basis of sex in the education
programs or activities of the University, including healthrelated
training programs. The University shall ensure equal opportunity
and nondiscrimination exist on the basis of sex for students in
all education programs and activities, including but not limited
to the following:
1. Recruitment and admission
2. Academic, extracurricular, research, occupational training,
healthrelated training, and other education programs
3. Rules on student life activities
4. Housing
5. Facilities
6. Access to course offerings
7. Counseling
8. Financial assistance
9. Employment assistance
10. Health and insurance benefits and services
11. Rules on marital or parental status
12. Athletics.
In addition, in conjunction with TBR Policy No. 5:01:02:00, the
University shall ensure no person, on the basis of sex, is excluded
from participation, denied the benefits of or subjected to discrimination
in employment under any education program or activity. Nondiscrimination
in employment on the basis of sex shall include, but not be limited
to, the following areas:
1. Employment criteria
2. Recruitment and hiring
3. Promotion, tenure, demotion, transfer, layoff, termination,
nepotism policies, and rehearing
4. Compensation
5. Job assignments, classifications and descriptions, lines of
progression and seniority lists
6. Leave
7. Fringe benefits
8. All other terms, conditions, and privileges of employment.
PROCEDURE
A. A complaint may be filed by any present employee, former
employee, applicant for employment, student applicant for admissions
or former student of the University. A complaint is considered
filed only after it has been submitted in writing to the EEO/AA
Office. The written complaint must be as specific and detailed
as possible. Once a complaint is filed, documentation relating
to the case will be housed in the EEO/AA Office of the University.
B. A complaint may be filed (a) subsequent to an alleged act of
discrimination or alleged violation of Title IX policy which has
affected a person (b) to halt current practices in violation of
persons rights under Title IX or (c) to prevent contemplated action
which, if initiated, could result in a violation of a person's
rights under Title IX.
C. After a complaint is filed, the EEO/AA Office will attempt
to resolve the complaint. Parties charged will be provided a copy
of the complaint and requested to make an official, written response.
D. Within ten work days after the written charge is filed, the
complaint officer will forward a written report on the status
of the case to the complainant. If the case has not been resolved,
an additional ten work days will be allowed in which the EEO/AA
Office will continue efforts to resolve the complaint. If resolution
is unsuccessful within that period, the complainant will be informed
through written notification of the right to a formal hearing.
E. The complainant must notify the EEO/AA Office within five work
days from date of receipt of notification that a formal hearing
is desired. If a formal hearing is requested, the EEO/AA Office
will within fifteen days notify the complainant in writing of
a hearing date and time.
F. Findings of the investigation to this stage and all documentation
on the complaint will be provided to the Committee and the President.
The committee may request additional evidence/information from
any or all parties to the charge.
G. The committee will hear the case and hold the case under its
jurisdiction until it arrives at a decision within twenty days
of the initial hearing date. The written decision is forwarded
to the EEO/AA Office, the President and parties to the charge.
The President will either accept or reject the findings of the
committee.
H. If the complaint is not resolved and the complainant desires
further consideration be given, a written request for appeal may
be filed with the General Counsel of the Tennessee Board of Regents.
I. Procedural due process will be observed during the processing
of all grievances.
J. The Fair Employment Practices Committee (FEPC) serves as the
official University grievance committee for Title IX complaints.
Information regarding the FEPC's function, membership, hearing
procedures, etc., may be obtained from the EEO/AA Office.
REFERENCE
Title IX of the Education Amendments of 1972, Sections 799A and
845 of the Public Health Service Act