Section 0240-09-08-.16 - TRAINING RELATED TO SEXUAL HARASSMENT ISSUES(1) Tennessee Tech will ensure that its Title IX Coordinator, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process receive training on this rule's definition of sexual harassment, the scope of Tennessee Tech's education program or activity, how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.(2) Such training will satisfy the requirements of Title IX and be developed or conducted consistent with the requirements of state law, including but not limited to T.C.A. § 4-5-324.(3) Tennessee Tech will ensure that hearing officers receive training on any technology to be used at a live hearing.(4) Tennessee Tech will ensure that hearing officers receive training on issues of relevance of questions and evidence, including when questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant.(5) Tennessee Tech will ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.(6) Tennessee Tech will ensure that any materials used to train Title IX Coordinators, investigators, hearing officers, decision-makers, and any person who facilitates an informal resolution process promote impartial investigations and adjudications of formal complaints and do not rely on sex stereotypes.Tenn. Comp. R. & Regs. 0240-09-08-.16
Emergency rules filed August 14, 2020; effective through February 10, 2021. Emergency rules expired effective February 11, 2021, and the rules reverted to their previous statuses. New rules filed November 13, 2020; to have become effective February 11, 2021. However, a 75-day stay of the effective date of the rules was filed January 15, 2021; new effective date to have been April 27, 2021. Withdrawal of the stay filed March 4, 2021; new effective date 3/31/2021.Authority: T.C.A. §§ 49-8-101(a)(2)(A), 49-8-203(a)(1)(D), and 49-8-203(a)(4).