Sexual Misconduct Prevention

About

Hopefully, you are not reading this message as a result of a sexual misconduct but rather in an effort to be prepared should something occur to you or a friend.
Lipscomb is committed to maintaining a safe and nondiscriminatory environment for everyone here. Of course, it is illegal to discriminate on the basis of sex in our programs and activities (as stated in Titles VII and IX in the Civil Rights Act of 1964). But more than that, it is also in violation of all that we believe as a Christian community.

My job for you is to take care of the “nuts and bolts” of that commitment. As the university’s Title IX Coordinator, I report directly at the highest level, to the president. My role is to promptly and equitably respond to alleged violations of Title IX policy as well as to put programs and policies in place to, as much as possible, prevent recurrences within our community. I also support complainants who would like us to come alongside them as they avail themselves of the services of law enforcement, as is appropriate.

You also need to be assured that this office is about more than rape prevention. That is critical work, to be sure. However, the Title IX Team works to prevent and respond to all forms of sexual misconduct, ranging from stalking, bullying and sexual harassment to sexual assault and intimate partner violence.
So take note of my contact information. I’m here 24/7 for questions or to assist in an emergency, although if it warrants, remember that 911 is always your first call.

Kathy Hargis, Title IX Coordinator
kathy.hargis@lipscomb.edu
Crisman Administration Building 106
615.966.5661, office
615.351.2820, mobile

Understanding how a report is handled. 

First, how to make a report:
There are several ways to report an incident of alleged sexual misconduct to the Title IX coordinator: by phone, by email, in person, or by asking a trusted friend to report. And there is a group of specially trained staff ready to take calls at any time from anyone who has been affected by sexual misconduct. Also, if none of this is convenient, go immediately to a faculty or staff member you trust who will bring in the appropriate people.

The common ground among all these reporting options is…report it. Even if you are not entirely positive the misconduct falls within Title IX definitions. This is necessary so that it can be addressed, so the victim can get support, so that legal and social resources can be put into play…so that if at all possible, another incident can be prevented. 

Here’s the team that’s ready to assist you. 

Kathy Hargis, Director of Risk Management & Title IX Coordinator
Crisman Administration Building 106
615.966.5661, office
615.351.2820, mobile
kathy.hargis@lipscomb.edu

Darrin Bellows, Title IX Deputy – Security Resource
Elam Hall B-223
615.966.6634
darrin.bellows@lipscomb.edu

Josh Roberts, Title IX Deputy – Student Life Resource
Bennett Campus Center, Room 100
615.966.6054
josh.roberts@lipscomb.edu

Lin Garner, Title IX Deputy – Athletic Resource
Allen Arena 006
615.966.5743
lin.garner@lipscomb.edu

Finally, for any kind of incident at the university—involving sexual misconduct or not—that you feel needs to be brought to the attention of the administration, click on this symbol which appears on the footer on each page of the university’s website to anonymously report anything of safety and security concern. Or go to lipscomb.edu/report-incident.

But, remember, this is for non-emergency reporting.
 

Medical Attention

When an unexpected incident occurs, what you do in the minutes and hours immediately following the event is very important. One of the first decisions you will have to make is whether or not to have evidence collected. Until you make that decision, it is important to remember a few key things that you should not do. These include:

• DO NOT shower or brush your teeth, if at all possible.
• DO NOT go to the bathroom, if at all possible.
• DO NOT drink or smoke.
• DO NOT change your clothes or underwear. If you have removed this clothing, bring it with you to the hospital in a paper bag. This may preserve a lot of evidence.

As soon as possible, get to a safe place. On-campus safe places may be a residence assistant or residence hall director’s room, the 24-hour Lipscomb Safety and Security dispatch center located on the lower level of Beaman Library or a trusted friend’s dorm room or off-campus residence. If you are off campus and injured, call 911 for immediate help. If you are on campus and injured, call Lipscomb Safety and Security at (615) 966-7600 for immediate help. 

If you have been the victim of non-consensual sexual intercourse, it is strongly recommended that you visit an emergency room within 24 hours for a rape evidence examination to preserve evidence and support your opportunity to make decisions later. If possible, take a trusted friend or relative with you to the hospital to provide additional support. Lipscomb personnel from the Office of Student Life are available to accompany you to the hospital. All victims of sexual assault must go to Metro General Hospital. Metro General Hospital is located at 1818 Albion Street, Nashville, TN 37208.

Deciding whether or not to report a crime to police is often a difficult decision. If you decide to go to the hospital, by procedure hospital staff will alert the police of your arrival. It is up to you if you would like to file a police report or talk to a police officer. You will be asked if you would like a sexual assault counselor to assist you at the hospital. This counselor is trained to help you think through your options as well as answer any questions that you might have throughout the entire process.

Lipscomb University also has counseling services available through the University Counseling Center and the Lipscomb Family Therapy Center to assist you in processing your options and experiences. You may also contact a member of Lipscomb University's Title IX team who are available to assist you.

Here’s what happens when a report is made.

There are up to seven steps to a thorough investigation. Here are the descriptions of each. Yes, some of the language may be a bit harsh or technical, but this is the legal jargon that protects your safety and welfare. The seven steps include:

1. Initial investigation.  The Title IX coordinator will make a prompt assessment of any risk of harm to the victim(s) or to the Lipscomb community and will take prompt steps necessary to address those risks. Following the initial assessment, Lipscomb may initiate a prompt, thorough and impartial investigation.

2. Interim Actions. If the coordinator/situation deems it necessary, Lipscomb may promptly impose reasonable and appropriate interim measures designated to eliminate the hostile environment and protect the parties involved.

3. Optional Pre-Complaint Meeting.  The complainant may request a meeting with the person(s) alleged to be directly responsible for the violation in the presence of the Title IX coordinator to request a course of action in order to resolve the matter in a manner consistent with biblical principles of dispute resolution. Such pre-complaint meetings shall be solely at the option of the complainant. At no time will the complainant be required to confront or meet with the person alleged to have committed the violation. In fact, in cases involving sexual assault, such a meeting shall not occur.

4. Written Complaint. The complainant may file a formal written complaint with the Title IX coordinator. It should include the names(s) of the individual(s) involved, the date(s), time(s) and location(s) of the event(s) and a detailed description of the actions constituting the alleged violation.

5. Formal Investigation. The Title IX Coordinator shall meet with the complainant to review the complaint and identify the scope and nature of any additional investigation, if necessary, above and beyond that conducted in connection with the initial report.
 
In addition, the Title IX coordinator and/or appropriate members of the Title IX team shall meet with the respondent to present a copy of the complaint and this policy, to receive the respondent’s written answer to the complaint, if any, and to review with the respondent the scope and nature of the investigation.

6. Formal Resolution. The Title IX coordinator shall consider the allegations, review and evaluate the investigative report and findings, and determine whether to issue a final determination with or without a formal hearing. The complainant or the respondent can request a formal hearing composed of the Title IX team and appropriate senior administrators. The complainant and the respondent each have the right to be present at any and all hearings, including appeals, but no party shall be required to attend or speak at any hearing under this policy. If the alleged violation involves a sexual assault, then the parties shall not be physically present at the hearing at the same time, and shall each meet separately before the Title IX Council.
 
The parties will not be permitted to personally question or cross-examine each other or any witness during the hearing. Only the Title IX Council or the hearing administrator, as the case may be, will be permitted to ask clarifying questions of either party or any witness during the hearing. Both parties may ask the Title IX Coordinator or the Hearing Administrator, as the case may be, to pose additional questions or inquire further into specific matters by submitting such a request in writing. Upon advance notice to the Title IX Council, either party may request that one attorney, parent or other support person be present at the hearing with such party.
 
At the conclusion of the investigation or hearing, the Title IX Coordinator or the Title IX Council, as the case may be, will weigh all evidence received through the course of the investigation or hearing and, by majority vote (in the event of a hearing), make a final determination about the allegations based on a preponderance of the evidence (i.e., whether it is more likely than not that Sexual Misconduct occurred). The burden of proof will not be solely on either party.

7. Disciplinary Actions. In the event of a hearing where the Title IX Council determines the respondent is responsible for sexual misconduct, the Title IX Council shall determine by majority vote the sanction to be imposed. In the event no hearing was held where the Title IX team determined the respondent is responsible for sexual misconduct, the Title IX coordinator, in consultation with any appropriate members of the Title IX team and appropriate senior administrator(s), will determine the sanction to be imposed.
 
Any appropriate sanction that it determines to be fair and proportionate to the violation may be imposed. The appropriate senior administrator will oversee the application of any such disciplinary action. 

So we're all on the same page.

Title IX rules have a set of definitions surrounding sexual misconduct to help us all understand its boundaries. Yes…“I know it when I see it” may be a reliable measure, but use these definitions as a more reliable test:

Coercion

The improper use of pressure to compel another individual to initiate or continue sexual contact or activity against his or her will.

Intimate partner violence

Often referred to as dating violence, domestic violence or relationship violence, intimate partner violence includes any act of violence or threatened act of violence against a person who is, or has been, involved in a sexual, dating, domestic or other intimate relationship with another person.

Sexual assault

Having or attempting to have sexual penetration or sexual contact with another individual without such person’s consent.

Sexual exploitation

Taking non-consensual or abusive sexual advantage of a person for one’s own personal benefit or advantage.

Sexual harassment

Any unwelcome sexual advance, request for sexual favors or other verbal, nonverbal or physical conduct of a sexual nature.

Gender-based harassment (bullying)

Verbal acts, written statements or any other actions that may be physically threatening, harmful or humiliating because the student does not conform to gender stereotypes or due to the gender of the person.

Stalking

A willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested.

Consent

A clear, unambiguous and voluntary agreement between two or more parties in accordance to state and federal law. Consent to engage in any sexual contact or activity must be given knowingly, voluntarily and affirmatively. Consent to engage in any sexual contact or activity must exist from the beginning to the end of each occurrence of sexual activity and for each form of sexual contact, including any contact or activity that occurs in the context of an existing or previous intimate relationship.

Retaliation

Acts or attempts to retaliate or seek retribution against a complainant, respondent, third party, or any individual or group of individuals involved in a complaint, investigation or resolution of an alleged violation of this policy. Retaliation can take many forms, including threats, intimidation, pressure, continued abuse, violence or other forms of harm to others.

Bystanders are important deterrents.

An incident of sexual misconduct may not have occurred personally, but it is not unusual for a “bystander” to either witness an incident or notice behavior that points to an incident.

That’s why bystander knowledge is so important.  Here are some red flags that typically point to the potential for an incident of sexual misconduct that you might be able to prevent.

Red flag moments.

• You’re out with friends and one begins acting differently, withdrawn, or his or her personality shifts--or anything that gives you a slight sense of discomfort and a feeling that the friend might not have full control. Drugs or alcohol may or may not be involved. Do something.
• Someone is encouraging your friend to drink more and more. This might be a stranger, someone the friend knows or even the friend’s significant other. Do something.
• Someone is trying to leave with a friend or get alone with a friend. These efforts may range from subtle to direct to even coercive. Do something.

Do something!

Think about these four strategies for intervening if you see a friend about to get into a situation that could result in sexual misconduct:

1. Direct: Step in and address the situation directly. This works best if it’s a person you know. It doesn’t work well when alcohol or drugs is involved.

2. Distract: Have a conversation with either party. This is especially useful when alcohol or drugs is involved because, under the influence, a person can be easily distracted and redirected.

3. Delegate: Ask others to help you intervene. There is strength in numbers.

4. Delay: Sometimes you can’t get the person out of the situation, but you can ask how they are doing and delay progress just long enough to change the course of the incident.

Lipscomb’s complete policy on sexual harassment and sexual misconduct.

The web pages you are viewing give you a good overview of the university’s Title IX activity, however, here is a much more detailed policy statement you are encouraged to read. It was updated on August 1, 2016.

1. Executive summary
2. Introduction
3. Definitions
4. Purpose and scope of the policy
5. Notice of non-discrimination
6. Title IX Coordinator
7. Privacy
8. Retaliation
9. Amnesty for student conduct violations
10. Bystander intervention
11. Resources
12. Reporting
13. Resolution of alleged violations

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Executive summary

Overview
Lipscomb University and Lipscomb Academy are committed to providing a safe environment for all students, employees and the overall greater community. This includes preventing and correcting any form of sex discrimination or sexual misconduct, which are prohibited by Title IX of the Education Amendments of 1972. Behaviors prohibited under Title IX include sexual harassment, sexual violence, sexual assault, intimate partner violence, domestic violence, dating violence and stalking, collectively referred to as “Sexual Misconduct.”

Reporting Options
Any Sexual Misconduct should be reported immediately to one of the following:

• Title IX Coordinator, Kathy Hargis, 615-966-5661 or 615-351-2820
• Chief of Security, Darrin Bellows, 615-966-6634 or 615-966-7600
• Any Title IX team member:
  • Faculty Representative, Julie Wibeck, 615-966-7192
  • Student Life Representative, Sam Smith, 615-966-5155
  • Student Life Representative, Josh Roberts, 615-966-6054
  • Student Academic Success Representative, Kaitlin Shetler, 615-966-6301
  • Athletic Representative, Lin Garner, 615-966-5743
  • Staff/Employee Representative, Director of Human Resources, 615-966-6190
• Anonymous reporting option – “TIPS”

Information shared with any of the following confidential resources will not be shared without consent unless there is an imminent risk of harm to self or others:

• Counseling Center, 615.966.1990
• Campus Ministry, 615.966.6280
• Health Services Clinic, 615.966.6305

Amnesty Clause
To encourage reporting of any Sexual Misconduct, victims of Sexual Misconduct and bystanders who cooperate with a related investigation will be given immunity from being charged with violations of another institution policy, such as the Alcohol and Drug Policy, in connection with such alleged conduct. Although immunity will be granted in such cases, the institution may require referrals to counseling, educational assistance or other remedies.

Procedures
Following any Sexual Misconduct report, the institution will promptly conduct an appropriate investigation. During this time, interim measure will be taken, if necessary, to eliminate any hostile environment and to protect the parties involved.

Upon the finding of an act of Sexual Misconduct, disciplinary action will be assessed and may include, without limitation, the following:

• Students – If a student is found to have committed a Sexual Assault, expulsion proceedings may be initiated in accordance with the Student Handbook.
• Staff – If a staff member is found to have committed a Sexual Assault, then his or her employment may be terminated in accordance with the applicable handbook.
• Faculty – If a faculty member is found to have committed a Sexual Assault or the faculty member’s actions warrant discharge or termination of employment, the matter will proceed in accordance with the terms of the applicable handbook providing dismissal for cause.

The institution’s goal is that the investigation and final determination will be completed within 60 days of the initial report.

Appeal
A final determination of Sexual Misconduct may be appealed only if there is new evidence that was previously unavailable or if some aspect of this policy was not properly followed. 

Retaliation or False Reports
Retaliation against any person for submitting a report, cooperating with an investigation or participating in a resolution is prohibited. Any person who knowingly makes false changes alleging Sexual Misconduct may be subject to disciplinary action.

* * *

The foregoing summary of the Sexual Harassment and Sexual Misconduct Policy does not purport to be complete and is subject to, and qualified in its entirety by, the full text of the policy.

Introduction

Lipscomb University and Lipscomb Academy (together, the “Institution”) were founded with a commitment to biblical faith and Christian principles and are committed to providing a learning and working environment free from all forms of sex discrimination and conduct considered harassing, coercive or disruptive. Any sex discrimination prohibited by Title IX of the Education Amendments of 1972 (“Title IX”), including Sexual Misconduct (as hereinafter defined), poses a serious threat both to individual members of the Institution Community (as hereinafter defined) and to the broader community collectively.

The Institution will not tolerate Sexual Misconduct and will take all appropriate steps to prevent and correct such behavior. Recognizing that each situation is unique, the Institution will respond promptly and equitably to all allegations of Sexual Misconduct while tailoring each solution to best fit the situation. Considering both the severity of the alleged offense and the threat it poses to the Institution Community, individuals who are found to have violated this policy may face corrective action up to and including dismissal for students and termination for employees.

The Institution encourages all members of the Institution Community to report promptly any and all acts of Sexual Misconduct. With the exception of those confidential resources referenced in this policy (e.g., health clinic medical staff and clinical counseling staff), all Responsible Employees (as hereinafter defined) are required to report any Sexual Misconduct to the Title IX Coordinator.

Retaliation or reprisal against any person, including a Complainant, a Respondent or any Third Party (each, as hereinafter defined), for making a complaint, cooperating with an investigation or participating in a formal or informal resolution under this policy is strictly prohibited. Any act of Retaliation must be reported promptly to the Title IX Coordinator. 

Definitions

Capitalized terms used in this policy shall have the following definitions:

Coercion

The improper use of pressure to compel another individual to initiate or continue sexual contact or activity against his or her will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. A person’s words or conduct are sufficient to constitute Coercion if he or she wrongfully impairs another individual’s freedom of will and ability to choose whether or not to engage in sexual contact or activity.

Complainant

Any individual who is allegedly a victim or survivor of Sexual Misconduct (including, as applicable, such victim’s parents for minors under the age 18).

Consent

For purposes of this policy, Consent is defined as a clear, unambiguous and voluntary agreement between two or more parties. In addition, sexual contact or activity requires consent as a matter of state and federal law. Consent to engage in any sexual contact or activity must be given knowingly, voluntarily and affirmatively. Consent to engage in any sexual contact or activity must exist from the beginning to the end of each occurrence of sexual activity and for each form of sexual contact, including any contact or activity that occurs in the context of an existing or previous intimate relationship. 

Under Tennessee law, and for purposes of this policy, Consent cannot be obtained (i) through coercion or force, (ii) from a minor under the age of 18, except where the parties are within four years of age of one another, (iii) from a person who suffers from a mental disease or defect that renders the person incapable of appraising the nature of the person’s conduct, (iv) from a person who is rendered temporarily incapable of appraising or controlling the person’s conduct because of the influence of alcohol or drugs, or (v) from a person that is unconscious, asleep or otherwise physically or verbally unable to communicate unwillingness to do an act

Force

The use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual contact or activity. 

Institution Community

Students (and, as applicable, parents of students under the age of 18), faculty, administrators, staff, trustees, volunteers, vendors, independent contractors, consultants, agents and visitors of the Institution.

Intimate Partner Violence

Often referred to as dating violence, domestic violence or relationship violence, Intimate Partner Violence includes any act of violence or threatened act of violence against a person who is or has been involved in a sexual, dating, domestic or other intimate relationship with another person. Intimate Partner Violence can encompass a broad range of behavior including, without limitation, physical violence, sexual violence and emotional violence. It may involve one act or an ongoing pattern of behavior. Intimate Partner Violence may take the form of threats, assault, property damage, violence or threat of violence to one’s self, one’s sexual or romantic partner or to the family members or friends of the sexual or romantic partner. For the purposes of this policy, Sexual Harassment, Sexual Assault, Sexual Exploitation, harm to others, Stalking and Retaliation all may be forms of Intimate Partner Violence when committed by a person who is or has been involved in a sexual, dating or other social relationship of a romantic or intimate nature. 

Respondent

Any individual (including, as applicable, such individual’s parents for minors under age 18) who allegedly violates this policy as well as any person with supervisory responsibility for conduct covered by a violation hereunder.

Responsible Employee

Any employee…

• Who has the authority to take action to redress Sexual Misconduct;
• Who has been given the duty of reporting incidents of Sexual Misconduct or any other misconduct by students or employees to the Title IX Coordinator or other appropriate designee; or
• Whom a student could reasonably believe has this authority or duty.

Employees of the Institution with supervisory and leadership responsibilities are considered Responsible Employees, including faculty, coaches and assistant coaches, administrators, head residents, resident assistants, security personnel and other employees with a responsibility for any interim remedies or accommodations to protect the safety of the Complainant or other members of the Institution Community. For the avoidance of doubt, adjunct faculty, part-time athletic personnel, custodians, grounds keepers and maintenance and housekeeping employees will not be considered Responsible Employees for purposes of this policy.

Retaliation

Acts or attempts to retaliate or seek retribution against a Complainant, Respondent, Third Party, or any individual or group of individuals involved in a complaint, investigation or resolution of an alleged violation of this policy. Retaliation can take many forms, including threats, intimidation, pressure, continued abuse, violence or other forms of harm to others. 

Sexual Assault

Having or attempting to have sexual penetration or sexual contact with another individual without such person’s Consent, including by the use or threat of Force or Coercion, where an individual does not Consent to the sexual contact. Sexual Assault includes having or attempting to have sexual penetration or sexual contact with another individual without such person’s Consent. As used in this definition, (a) “sexual penetration” includes vaginal or anal penetration, however slight, with a body part or object, or oral penetration involving mouth to genital contact, (b) “sexual contact” includes intentional contact with the clothed or unclothed intimate parts of another person, causing another person to touch one’s intimate parts, or undressing another person without such person’s Consent, and (c) “intimate parts” includes breasts, genitals, buttocks and groin.

Sexual Exploitation

Taking non-consensual or abusive sexual advantage of a person for one’s own personal benefit or advantage. Sexual Exploitation includes, without limitation:

• Surreptitiously observing another person’s nudity or sexual activity or allowing another person to observe consensual sexual activity without the knowledge and Consent of all parties involved;
• Non-consensual sharing or streaming of images, photography, video or audio recording of sexual activity or pornography, or distribution thereof without the knowledge and Consent of all parties involved;
• Exposing one’s genitals or inducing another person to expose his or her own genitals in non-Consensual circumstances;
• Knowingly exposing another individual to a sexually transmitted disease or virus without his or her knowledge;
• Recording Consensual sex where one person does not Consent to the recording;
• Sexually-based bullying, whether in person or through electronic media; and
• Sexually prostituting one’s self or another person.

Sexual Harassment

Any unwelcome sexual advance, request for sexual favors or other verbal, nonverbal or physical conduct of a sexual nature. Further, as it relates to employees of the Institution, such conduct constitutes Sexual Harassment if:

• Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment;
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or
• Such conduct has the purpose or effect of unreasonably interfering with or limiting an individual’s work performance or creates an intimidating, hostile or offensive working environment. 

Sexual Harassment includes gender-based harassment, which may include acts of verbal, nonverbal or physical aggression, intimidation or hostility based on gender or gender stereotyping, even if those acts do not involve conduct of a sexual nature.

A single isolated incident may constitute Sexual Harassment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to constitute Sexual Harassment, particularly if the harassment is physical. 

Sexual Harassment:

• May be blatant and intentional and involve an overt action or a threat of reprisal, or may be subtle and indirect, with a coercive aspect that is unstated;
• Does not have to include intent to harm, be directed at a specific target or involve repeated incidents;
• May be committed by or against anyone, regardless of gender, age, position or authority. While there is often a power differential between two persons, perhaps because of differences in age or social, educational or employment relationships, harassment can occur in any context;
• May be committed by a stranger, an acquaintance or someone with whom the Complainant has or had an intimate or sexual relationship;
• May be committed by or against an individual or a group of persons;
• May occur in the classroom, workplace, residence or any other setting;
• May take place in person or by using a phone, the Internet, e-mail or other electronic media;
• May be committed in the presence of others or in privacy; and
• May affect the Complainant or Third Parties who witness or observe the activity.

Sexual Misconduct

Sexual Harassment, Sexual Assault, Intimate Partner Violence, Domestic Violence or Stalking.

Stalking

A willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested. For purposes of this definition, “course of conduct” means a pattern of conduct composed of a series of two or more separate noncontiguous acts evidencing a continuity of purpose. Stalking includes cyber-stalking, a form of Stalking in which electronic media such as the Internet, social networks, blogs, cell phones, text messages or other similar devices or forms of contact are used to pursue, harass or make unwelcome contact with another person in an unsolicited fashion.

Third party

Any person who is not the subject of alleged Sexual Misconduct but who is aware of such an allegation or is a participant in the process, including a witness to the incident or an individual who makes a report on behalf of someone else.

Purpose and Scope of Policy

This policy applies to all members of the Institution Community and prohibits Sexual Misconduct by or of any member of the Institution Community. This policy is intended to protect and guide members of the Institution Community who have been affected by Sexual Misconduct, whether as a Complainant, a Respondent or a Third Party, and to provide fair and equitable procedures for investigation and resolution of alleged violations.

This policy applies to Sexual Misconduct by or of any member of the Institution Community that occurs (i) on Institution property, (ii) at an Institution-sanctioned event or program that does not take place on Institution property, including, without limitation, domestic and international academic and mission trips, study abroad and internship programs, and (iii) off-campus if the off-campus conduct is likely to have a substantial effect on Institution life and activities, or if the incident poses a threat of danger to any member of the Institution Community.

A Complainant or Third Party is encouraged to report Sexual Misconduct regardless of where the incident occurred, or who committed it. Even if the Respondent is not a member of the Institution Community, the Institution will take prompt action to provide for the safety and well-being of the Complainant and the broader community.

Notice of Non-Discrimination

The Institution is committed to establishing and maintaining a safe and nondiscriminatory environment for all members of the Institution Community. The Institution does not discriminate on the basis of sex in its education programs and activities. Sex discrimination is prohibited under Title VII of the Civil Rights Act of 1964 and is also prohibited by Title IX, which provides:

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 education program or activity receiving Federal financial assistance.

The Institution, as an educational community, will promptly and equitably respond to alleged violations of this policy in order to eliminate the misconduct, prevent its recurrence and address its effects on any individual and the Institution Community. Title IX provides educational processes, remedies and outcomes for sex discrimination and local law enforcement follows criminal processes, remedies and outcomes for sexual assault. While the Institution will enforce this policy using the educational lens of Title IX, Complainants always have the option to avail themselves of, and will be fully supported by the Institution to seek, the services of local law enforcement. 

Title IX Coordinator

The President of the Institution has designated Kathy Hargis to serve as the Title IX Coordinator for the Institution. The Title IX Coordinator will report directly to the President on all matters involving Title IX. The Title IX Coordinator oversees the Institution’s centralized review, investigation and resolution of reports of alleged violations of this policy, and oversees the Institution’s overall compliance with Title IX.

The Title IX Coordinator is supported by the Title IX team. Members of this interdepartmental team include the Title IX Coordinator, Title IX Deputies and the Chief of Security. Inquiries or complaints concerning the application of Title IX at the Institution may be referred to the Title IX Coordinator or the U.S. Department of Education’s Office for Civil Rights:

Kathy E. Hargis
Title IX Coordinator
Crisman Administration Bldg.
One University Park Drive
Nashville, TN 37204
615.966.5661
kathy.hargis@lipscomb.edu

Office of Civil Rights
Sam Nunn Atlanta Federal Center, Suite 16T70
61 Forsyth Street, S.W.
Atlanta, GA 30303-8909
800.368.1019

Privacy

The Institution is committed to protecting the privacy of any and all individuals involved in an alleged violation of this policy. In any report, investigation or resolution of an alleged violation, every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a thorough review of the allegations.

At all times, the privacy of all parties involved in a report, investigation or resolution of an alleged violation of this policy will be respected and safeguarded. Information related to a report under this policy will only be shared with those Institution employees who need to know in order to assist in the review, investigation or resolution. Moreover, all Institution employees who are involved in the Title IX response will receive specific training and guidelines about safeguarding confidential information.

Those members of the Institution Community who desire complete confidential assistance may do so by speaking with professionals who have a statutorily-protected or designated duty of confidentiality. For students, those professionals include health clinic medical staff, clinical counseling staff, campus ministers in Lipscomb University’s Spiritual Life Department and Directors of Spiritual Formation at Lipscomb Academy. Information shared with these confidential resources will not be shared with others without the Complainant’s consent, unless there are circumstances posing imminent risk of harm to self or any member of the Institution Community. Because the content of discussions with confidential resources will not be reported to the Title IX Coordinator, such discussions do not serve as notice to the Institution to address any alleged violation of this policy.

An alleged violation of this policy that is reported to an Institution employee who is not a designated confidential resource must be shared with and reported to the Title IX Coordinator within 24 hours of the initial report.

If possible, the Institution will seek action in response to any alleged violation that is consistent with a Complaint’s request. If a Complainant requests that his or her name or other identifiable information not be shared with the Respondent or that no formal action be taken, the Institution will balance this request with its dual obligation to provide a safe and non-discriminatory environment for all members of the Institution Community. The Institution will take all reasonable steps to investigate and respond to a report consistent with a request for confidentiality or request not to pursue an investigation, but its ability to do so may be limited based on the nature of the request by the Complainant. If the Institution is unable to take action that is consistent with a Complainant’s request for confidentiality, a member of the Title IX team will promptly communicate with the Complainant about the chosen course of action.     

If a report of alleged misconduct discloses a serious or immediate threat to the Institution Community, the Institution may issue a timely notice (in accordance with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act  (the “Clery Act”)) to protect the health or safety of the members of the Institution Community. The Institution may also share non-identifiable information about reports received in aggregate form, including data about educational outcomes (e.g., sanctions).

All investigations, hearings and resolutions under this policy shall be conducted in compliance with the requirements of the Family Education Rights and Privacy Act (“FERPA”), the Clery Act and Title IX. No information shall be released from such investigations, hearings or resolutions except as required or permitted by law or this policy.

Retaliation

Retaliation against any person for submitting a report, cooperating with an investigation or participating in a formal or informal resolution hereunder is strictly prohibited. An individual reporting Sexual Misconduct is entitled to protection from any form of Retaliation following a report, even if the report is not later substantiated. Similarly, individuals accused of Sexual Misconduct and those who participate in an investigation conducted under this policy are entitled to protection from any form of Retaliation, except for disciplinary action in connection with a knowingly false report. Any individual who is found to have retaliated against a person in violation of this policy may face corrective action up to and including dismissal for students and termination for employees. Complaints of Retaliation should be filed immediately with the Title IX Coordinator or the U.S. Department of Education’s Office for Civil Rights.

Amnesty For Student Conduct Violations

The Institution encourages the reporting of any and all alleged Sexual Misconduct. Victims of Sexual Misconduct might be hesitant to report Sexual Misconduct to Institution officials if they fear that they (or their friends) may be charged with a violation of another Institution policy, such as the Alcohol and Drug Policy. Similarly, bystanders are sometimes hesitant to offer assistance to others for fear that they may get in trouble.

To encourage reporting of Sexual Misconduct, the Institution will provide Complainants, as well as bystanders who cooperate with an investigation under this policy or who provide help to victims or likely victims of Sexual Misconduct, with immunity from being charged with violations of any other Institution policy in connection with any conduct related to an alleged violation of this policy. While violations of other policies cannot be completely overlooked, the Institution may provide referrals to counseling or may require educational assistance or other remedies in such cases. Although the Institution will provide individual bystanders with such immunity, student organizations may be subject to disciplinary action under other Institution policies in connection with any conduct related to an alleged violation of this policy, if deemed appropriate or necessary for the safety and well-being of the Institution Community.

Bystander Intervention

One of the most effective methods of preventing all types of Sexual Misconduct is bystander intervention, which encourages people to identify situations that might lead to Sexual Misconduct and then safely intervene to prevent its occurrence. The Institution encourages the use of good judgment in regards to bystander intervention, as the safety of each member of the Institution Community is of primary concern. It is the responsibility of every member of the Institution Community to take safe and reasonable actions to prevent Sexual Misconduct.

This policy does not require individuals to place themselves in jeopardy to stop a crime in progress. There are many situations and events that occur prior to Sexual Misconduct that are appropriate for intervention. Bystander intervention encourages people to watch for behaviors and situations that appear to be inappropriate, coercive or harassing. Usually, intervening in a group is safer than intervening individually. Also, choosing a method of intervention that de-escalates the situation is safer than attempting a confrontation. However, there is no single rule that can account for every situation.

Resources

The Institution is committed to treating all members of the Institution Community with Christian love, respect and empathy. Any individual affected by Sexual Misconduct, whether as a Complainant, Respondent or Third Party, will have equal access to support services through the Institution. The Institution recognizes that deciding whether or not to make a report or choosing how to proceed can be a difficult decision. The Institution encourages any individual who has questions or concerns to seek support of Institution and community resources. These resources can provide guidance in making decisions, information about available resources and assistance to either party in the event that a report or resolution under this policy is pursued. Individuals are encouraged to use all available resources, regardless of when or where the incident occurred.

Confidential Resources
There are several confidential resources available within the Institution Community. These confidential resources will not disclose shared information without the individual’s Consent unless there is imminent risk of harm to self or any member of the Institution Community.

Health Clinic Resource
Health Center
615.966.6304

Lipscomb Academy Spiritual Formation Resource
Harding Hall, Room 130
615.966.5198

Counseling Resources
Elam Hall, Lower Level
615.966.1781

Campus Ministry Resources
Elam Hall, Lower Level
Bennett Campus Center, Lower Level
615.966.6280

Non-Confidential Resources
Non-confidential resources have been trained to assist individuals who have been affected by Sexual Misconduct.

Title IX Coordinator
Kathy Hargis
Crisman Administration Bldg., Room 106
615.966.5661
kathy.hargis@lipscomb.edu

Title IX Deputy – Faculty Resource
Julie Wilbeck
Burton Health Sciences, Room 168
615.966.7192
julie.wilbeck@lipscomb.edu

Title IX Deputy – Student Life Resource
Sam Smith
Bennett Campus Center, Room 100
615.966.5155
sam.smith@lipscomb.edu

Title IX Deputy – Student Life Resource
Josh Roberts
Bennett Campus Center, Room 100
615.966.6054
josh.roberts@lipscomb.edu

Title IX Deputy – Student Academic Success Resource
Kaitlin Shelter
Beaman Library, Room 141E
615.966.6301
kaitlin.shetler@lipscomb.edu

Title IX Deputy – Athletics Resource
Lin Garner
Allen Arena, 006
615.966.5743
lin.garner@lipscomb.edu

Title IX Deputies – Lipscomb Academy Resources
Jennifer Green – Elementary
Brewer Campus, Room 112
615.966.6320
jennifer.green@lipscomb.edu

Ritchie Pickens – Middle School
Harding Hall, Room 168
615.966.1785
ritchie.pickens@lipscomb.edu

Jesse Savage – High School
Harding Hall, Room 130
615.966.6441
jesse.savage@lipscomb.edu

Title IX Deputy – Security Resource
Darrin Bellows
Elam Hall, B.223
615.966.6634
darrin.bellows@lipscomb.edu

Title IX Deputy – Faculty/Student Resource
Jim Thomas
Ezell, Room 118
615.966.5828
jim.thomas@lipscomb.edu

Title IX Deputy – Employee Resource
Christy Hooper
Elam Hall, B.106C
615.966.6190
christy.hooper@lipscomb.edu

Outside Community Resources
External community resources can also assist individuals who have been affected by Sexual Misconduct.

Metro Police Department Dispatch Center
200 James Robertson Parkway
Nashville, Tennessee 37201
615.862.7400

Tennessee Coalition to End Domestic & Sexual Violence
2 International Plaza Drive, Suite 425
Nashville, Tennessee 37217
800.289.9018

National Domestic Violence Hotline
800.799.SAFE (7233)

Nashville General Hospital at Meharry
1818 Albion Street
Nashville, Tennessee 37208
615.341.4000

Sexual Assault Center
101 French Landing Drive
Nashville, Tennessee 37228
615.259.9055
www.sacenter.org
Crisis & Support Line: 800.879.1999

Reporting

The Institution is committed to providing a variety of welcoming and accessible ways for members of the Institution Community to report instances of alleged Sexual Misconduct. In accordance with Title IX, the Institution is required to take immediate and corrective action if a Responsible Employee knows or, in the exercise of reasonable care, should have known about Sexual Misconduct. All Responsible Employees must promptly share any report of Sexual Misconduct with the Title IX Coordinator or a member of the Title IX team. The Institution cannot take appropriate action unless an incident is reported. All reports must be shared with the Title IX Coordinator within 24 hours of being reported.

All individuals are strongly encouraged to report alleged incidents of Sexual Misconduct immediately to the Institution’s Department of Security and Safety and/or to local law enforcement. The Institution’s Department of Security and Safety personnel will assist and advise regarding the importance of preserving evidence for the proof of a criminal offense and advise to whom the alleged offense should be reported. Each victim has the sole discretion, however, to decide whether or not to file a police report or to pursue civil action against the alleged perpetrator. All individuals will have access to Institution and community resources regardless of whether or not they decide to report an incident to local law enforcement. Except where the Complainant is younger than 13 years old, the Institution will generally respect a Complainant’s choice to report an incident to local law enforcement, unless the Institution determines that there is an overriding issue with respect to the safety or welfare of the Institution Community.

False Reports
Any Complainant or Third Party who knowingly makes false charges alleging a violation of this policy may be subject to appropriate disciplinary action.

Anonymous Reporting
A

ny individual may make an anonymous report concerning an alleged violation of this policy by disclosing his or her name, identifying the Respondent or requesting any action. Depending on the extent of information available about the incident or the individuals involved, however, the Institution’s ability to respond to an anonymous report may be limited. The Institution’s anonymous reporting resource, TIPS, can be found at the lower right hand corner of the Institution’s website, www.lipscomb.edu.

When any alleged violation of this policy is reported anonymously, the Title IX Coordinator will receive the anonymous report and will determine any appropriate steps, including individual or community remedies and, in consultation with the Chief of Security, comply with all reporting obligations under the Clery Act.

Reporting Incidents Involving Minors or Suspected Child Abuse
Under Tennessee law, all persons must report any suspected case of child abuse or neglect. Any person who knowingly fails to make a report of suspected child abuse commits a crime and may be subject to a fine not to exceed $2,500.

All Institution employees must immediately report any suspected child abuse or neglect to the Title IX Coordinator and the Chief of Security. The source of abuse does not need to be known in order to make a report. 

The Institution will report all suspected child abuse or neglect to local law enforcement and/or to the Tennessee Department of Children’s Services (“DCS”). The Institution must act quickly regarding all reasonable suspicions of sexual or physical abuse or neglect.

In addition to notifying the Title IX Coordinator and Chief of Security, any individual must make a direct report as follows:

• If a child is in immediate danger, call 911; or
• If a child is not in immediate danger, call DCS at 877-237-0004 or report online at https://apps.tn.gov/carat/.

Resolution Of Alleged Violations

Report and Initial Assessment
Upon receipt of a report of an alleged violation of this policy, the Title IX Coordinator and/or his or her designee(s) will make a prompt assessment of any imminent risk of harm to the victim(s) or to the Institution Community and will take prompt steps necessary to address those risks.

The initial review of any report will proceed to the point where a reasonable assessment of the safety of the victim(s) and the Institution Community can be made. Furthermore, an investigation may be initiated depending on a variety of factors, such as the age of the parties involved, the Complainant’s desire to pursue disciplinary action, the risk posed to any individual or the Institution Community by not proceeding, and the nature of the allegation. If, after the initial review, the Title IX Coordinator and/or his or her designee(s) determine that there has been a violation of this policy, then an appropriate investigation will be initiated. If it is determined that no violation of this policy has occurred, then no investigation will be initiated and, if appropriate, the Complainant will be notified of such determination.

At the time a report is made, a Complainant need not decide whether to file a formal, written complaint under this policy. Choosing to make a report and deciding how to proceed after making the report can be a process that unfolds over time. To the extent possible, the Institution will respect an individual’s autonomy in making these important decisions and will provide support to assist each individual in making an appropriate determination regarding how to proceed. 

Interim Measures, Remedies and Accommodations
Upon receipt of a report and after the initial assessment, the Title IX Coordinator and/or his or her designee(s) may promptly impose reasonable and appropriate interim measures designated to protect the parties involved and the Institution Community. A Complainant or Respondent may request separation or other protection, or the Institution may choose to impose interim measures at its discretion to ensure the safety of all parties and/or the broader Institution Community.  Interim measures may be imposed regardless of whether informal resolution, formal resolution or corrective action is sought by the Complainant or the Institution.

All individuals are encouraged to report concerns about failure of any person to abide by any restrictions imposed as an interim measure. The Institution will take prompt and responsive action to enforce any previously implemented measure. The Title IX Coordinator may implement interim measures at any time after receipt of an alleged violation of this policy. Potential remedies and accommodations that may be applied to a Complainant or Respondent include:

• Access to counseling services and assistance in setting up initial appointments, both on or off campus;
• Imposition of a campus no-contact order;
• Rescheduling of exams and assignments;
• Providing alternative course completion options;
• A change in class schedule or transferring sections, including the ability to drop a course without penalty;
• A change in work schedule or job assignment;
• A change in a student’s Institution-owned residence;
• Assistance from Institution staff in completing residence relocation;
• Relocation of office space;
• Limiting an individual or organization’s access to certain Institution facilities of activities pending resolution of the matter;
• A voluntary leave of absence;
• Providing an escort to ensure safe movement between classes, buildings or activities;
• Providing medical services through health clinic resources;
• Providing academic support services;
• An interim suspension pending the outcome of an investigation or a hearing; and
• Any other remedy that can be tailored to the involved individuals to achieve the goal of this policy.

Optional, Informal Resolution
After notifying the Title IX Coordinator of an alleged violation of this policy, but prior to the submission of a formal complaint, the Complainant may request a meeting with the Respondent alleged to be directly responsible for the violation or with the person having immediate supervisory authority related to the violation. Such meeting shall be coordinated through and in the presence of the Title IX Coordinator and/or his or her designee(s) and, in the Title IX Coordinator’s discretion, the appropriate members of the Title IX team and/or appropriate senior administrator(s). In addition, the persons who are alleged to be directly or indirectly responsible for the violation of this policy may discuss the allegations of the Complainant with the Title IX Coordinator and/or his or her designee(s).

 The purpose of an informal resolution meeting will be for the Complainant to request a proposed course of action in order to resolve the matter in a manner consistent with biblical principles of dispute resolution. Any such informal resolution meeting shall be solely at the option of the Complainant. At no time will the Complainant be required to confront or meet with the Respondent. In cases involving Sexual Assault, such a meeting shall not occur. Such meeting is not a condition for the submission of a written complaint to the Title IX Coordinator. If the matter cannot be resolved through an informal resolution meeting, then the Complainant may submit to the Title IX Coordinator a formal, written complaint. Participation in an informal resolution meeting is voluntary, and any party may request to end the process at any time.

The Title IX Coordinator will maintain records of any informal resolution meeting and will endeavor to hold any information resolution meeting within 30 days of the date of the initial report, subject to extenuating circumstances (including, without limitation, holiday and summer breaks).

Formal, Written Complaint
If an informal resolution meeting is not possible, not appropriate or fails to satisfactorily resolve an alleged violation of this policy, the Complainant should submit a formal, written complaint with the Title IX Coordinator. If for any reason the Complainant is not able to submit a written complaint, the Title IX Coordinator and/or his or her designee(s) may prepare the complaint based on verbal conversations with the Complainant, and the Complainant shall review such complaint, and when accurate and complete, sin a copy of such complaint. The complaint should include the names(s) of the individual(s) involved, the date(s), time(s) and location(s) of the event(s) and a detailed description of the actions constituting the alleged violation. The complaint should also provide the names, addresses and phone numbers of any witnesses or potential witnesses. All written complaints should be signed and dated.

After receipt of a formal, written complaint, the Title IX Coordinator and/or his or her designee(s) will review the complaint. If the complaint does not sufficiently describe the facts such that a determination can be made regarding the alleged violation, the complaint will be returned and the Complainant will be invited to submit an amended complaint providing enough actual detail to allow a determination to be made.

The Title IX Coordinator and/or his or her designee(s) will generally meet with the Complainant to review the complaint and identify the scope and nature of any additional investigation, if necessary, above and beyond that conducted in connection with the initial report. In addition, the Title IX Coordinator and/or his or her designee(s) will generally meet with the Respondent to present a redacted summary of the complaint and a copy of this policy, to receive the Respondent’s written answer to the complaint, if any, and to review with the Respondent the scope and nature of the investigation.

Investigation
The Title IX Coordinator will oversee any investigation of an alleged violation of this policy. Any such investigation will be designed to provide a fair and reliable gathering of the facts. All individuals in the investigation, including the Complainant, the Respondent and any Third-Party witnesses, will be treated with appropriate sensitivity and respect.

The Title IX Coordinator will commence and oversee the investigation, if deemed appropriate, and designate one or more member(s) of the Title IX team or other individual(s) to conduct the investigation. The Institution may engage the assistance of an external investigator to conduct or assist with the investigation, if deemed necessary and appropriate by the Title IX Coordinator. The investigator(s) will keep the Title IX Coordinator informed of the progress of the investigation during the entire process. The Title IX Coordinator may notify appropriate senior administrator(s), including the President of the Institution, that a report has been received and an investigation has begun.

The investigator(s) will conduct the investigation based on the specific allegations. The investigator(s) will coordinate the gathering of information from the Complainant, the Respondent and any other individuals who may have information relevant to the investigation. The investigator(s) will also coordinate the gathering of any available physical or medical evidence, including documents, communications between the parties involved, and other electronic records, as appropriate. The investigator(s) have broad discretion in determining whether a proposed witness or documentary evidence would be relevant or helpful in making any determination under this policy. The Complainant and Respondent will have an equal opportunity to meet with the investigator(s), to submit evidence, to provide testimony and to identify witnesses who may have relevant information.

Prior to completing the investigation, the investigator(s) may meet again with the Complainant and Respondent separately to give an overview of the steps taken during the investigation, to ask the Complainant and the Respondent for names of any additional person(s) with whom the investigator(s) should speak, and to request any additional information relevant to the investigation.

Use of alcohol or drugs by the Complainant at the time of the incident will be considered for purposes of determining Consent or memory only and will not form the basis for independent proceedings or discipline. The sexual history or sexual character of the Complainant shall not be considered in any investigation and the sexual history or sexual character of the Respondent may be considered only if it establishes a pattern of complaints or behavior.

The Institution will investigate all Sexual Misconduct claims even if the Complainant does not wish to pursue disciplinary or legal action. Additionally, if the Complainant desires to press criminal charges, local law enforcement may also conduct a formal investigation.

In the event that law enforcement is involved and upon their request, the Institution may agree to defer its investigation under this policy until after the initial stages of any criminal investigation. The Institution will nevertheless communicate with the Complainant regarding his or her rights under this policy, procedural options and the implementation of interim measures to assure the safety and well-being of the Complainant and the Institution Community. The Institution will promptly resume its investigation under this policy as soon as practicable after law enforcement has completed its initial investigation.

Information gathered during any investigation will be used to evaluate the appropriate course of action, provide for the safety of the appropriate individuals and the Institution Community, and impose remedies as necessary to address the effects of the alleged conduct.

Formal Resolution

Final Determination
After completion of the investigation, the investigator(s) will prepare a written report of the investigation findings and submit such report to the Title IX Coordinator for formal resolution. The Title IX Coordinator may request additional information from the investigator(s), or may ask for additional information directly from parties or witnesses. The Title IX Coordinator, in consultation with any designated member(s) of the Title IX team and senior administrator(s), will consider the allegations, review and evaluate the final investigative report and findings and issue a final determination. Alternatively, the Institution may engage the assistance of an external third party to consider the allegations, review and evaluate the investigative report and findings and issue a final determination, if deemed necessary and appropriate by the Title IX Coordinator.

At the conclusion of the investigation, the Title IX Coordinator and/or his or her designee(s) will weigh all evidence received through the course of the investigation and make a final determination about the allegations based on a preponderance of the evidence (i.e., whether it is more likely than not that Sexual Misconduct occurred). The Title IX Coordinator and/or his or her designee(s), in consultation with any designate member(s) of the Title IX team and/or senior administrator(s), will make such final determination. Then, in the event that the Respondent is deemed responsible for Sexual Misconduct, the Title IX Coordinator and/or his or her designee(s), in consultation with any member(s) of the Title IX team and senior administrator(s), will determine the sanction to be imposed. The Institution’s goal is to conclude the investigation and render a final determination within 60 days of the date of the initial report, subject to extenuating circumstances (including, without limitation, summer break or other calendar breaks in the academic year). The Title IX Coordinator or his or her designee(s) will issue the final report and determination, which will include the following:

• A summary of the investigative report;
• A written notice setting forth:
  • The findings of the investigator(s) regarding the alleged violation(s);
  • A description of the actions taken, if any, including, without limitation, disciplinary actions for any parties involved;

• The Complainant’s and Respondent’s right to appeal the determination.

The Title IX Coordinator and/or his or her designee(s) will promptly communicate with and deliver to the Complainant and the Respondent a copy of such report, although the content of such report may be modified subject to the limitations of FERPA and other applicable privacy laws.

Disciplinary Action
In the event the Title IX Coordinator and/or his or her designee(s) determines that the Respondent is responsible for an act of Sexual Misconduct or other violation under this policy, they may impose any appropriate sanction that they determine to be fair and proportionate to the violation. In determining any disciplinary action, the Title IX Coordinator and/or his or her designee(s) may consider the following:

• Students – If a student is found to have committed a Sexual Assault, the appropriate administrator may initiate expulsion proceedings pursuant to the terms of the Student Handbook.
• Staff – If a staff member is found to have committed a Sexual Assault, then the appropriate administrator may terminate the staff members’ employment in accordance with the applicable handbook of the Institution.
• Faculty – If the Respondent is a faculty member and his or her conduct warrants discipline that is less severe than discharge or suspension, the Title IX Coordinator will recommend sanctions to the Provost of Lipscomb University or the Head of Lipscomb Academy, as appropriate. In cases where the faculty member is found to have committed a Sexual Assault or the faculty member’s actions warrant discharge or termination of employment, the matter will proceed in accordance with the terms of the applicable handbook of the Institution providing for Dismissal for Cause.

The designated senior administrator(s) will oversee the application of any such disciplinary action.

Appeal Rights
Any appeal of a final determination hereunder shall stay the imposition of disciplinary action under this policy, but only during the pendency of the appeal. If the disposition of the appeal does not alter the recommended sanction, disciplinary action pursuant to this policy shall proceed.

The Complainant and/or Respondent may appeal a final determination by submitting a written objection to the Title IX Coordinator within ten calendar days of the receipt of the final determination. Any grounds for appeal shall be based solely on:

• The emergence of new evidence that was previously unavailable; or
• A claim that some procedural aspect of this policy was not properly followed.

The appropriate senior administrator of the Institution designated by the Title IX Coordinator shall consider the objections presented, review and evaluate the investigative report and findings, and reach his or her conclusion. The senior administrator will undertake to issue a decision in writing to the Complainant and Respondent within ten days of receiving the appeal, subject to extenuating circumstances (including, without limitation, summer break or other calendar breaks in the academic year). The President of the Institution or his or her designee(s) may, in the President’s sole discretion, consider any appeal from such senior administrator’s decision, in which case the President or his or her designee(s) shall issue a decision in writing to the Complainant and Respondent, which shall be the final decision of the Institution on this matter. All documentation regarding an appeal will be communicated with and forwarded to the Title IX Coordinator.

* * *

This Amended and Restated Sexual Harassment and Sexual Misconduct Policy was adopted on August 1, 2016.

Additional resources for dealing with sexual misconduct

In addition to Lipscomb’s Title IX team, which is specifically tasked with investigating sexual misconduct and putting into place policies and programs to help prevent it, here are a few additional resources, both on campus and off.

On-Campus Confidential Resources

The following will not disclose shared information without the individual’s consent:

University Counseling Center
Frank Scott, LPC-MHSP
615.966.1990
frank.scott@lipscomb.edu

Andrea Mills
Elam Hall, Lower Level
615.966.1781
andrea.mills@lipscomb.edu

Campus Ministry
Steve Davidson
Elam Hall, Room B-217
615.966.6280
steve.davidson@lipscomb.edu

University Health Center
Erin Keckley
615.966.6304
erin.keckley@lipscomb.edu

Off-Campus Resources

Metro Police Department Dispatch Center
615.862.7400

TN Coalition to End Domestic & Sexual Violence
www.tncoalition.org
800.289.9018

Sexual Assault Center
www.sacenter.org

Crisis & Support Line: 800.879.1999

Meharry Medical Center General Hospital
1818 Albion St.
Nashville, TN 37208
615.341.4000

Lipscomb’s Title IX team

While any trusted faculty or staff member can get a person to the resources needed in the case of sexual misconduct, these members of our community are especially trained in this area. Contact them at any time with confidence.

Kathy Hargis, Director of Risk Management & Title IX Coordinator
Crisman Administration Building 106
615.966.5661, office
615.351.2820, mobile
kathy.hargis@lipscomb.edu

Darrin Bellows, Title IX Deputy – Security Resource
Elam Hall B-223
615.966.6634
darrin.bellows@lipscomb.edu

Josh Roberts, Title IX Deputy – Student Life Resource
Bennett Campus Center, Room 100
615.966.6054
josh.roberts@lipscomb.edu

Lin Garner, Title IX Deputy – Athletic Resource
Allen Arena 006
615.966.5743
lin.garner@lipscomb.edu