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Title IX

Freed-Hardeman University is committed to providing a safe and non-discriminatory learning, living, and working environments for all members of the University community (students, faculty, and staff) in a Christ-centered setting resting on core values, which are based on Scripture. We have a federal – and biblical – obligation to prevent and address complaints of sexual harassment and assault.

Our respect for other individuals includes an appreciation of cultural backgrounds different from our own, an understanding of different attitudes and opinions, and an awareness of the consequences of our actions on others. Because of our high value on the life and safety of each member of the University community and in compliance with Title IX of the Education Amendments of 1972 (“Title IX”), the Jeanne Cleary Act (Cleary Act), the Campus Sexual Violence Elimination Act (SaVE Act), and the Violence Against Women Reauthorization Act (VAWA), Freed-Hardeman University has adopted policies and procedures to specifically prevent and respond to incidents of sexual harassment, including sexual assault, domestic violence, dating violence, and stalking.

These guidelines apply to all members of the University community (students, faculty, and staff) as well as third party contractors and visitors. Freed-Hardeman University will not tolerate sexual harassment, including sexual assault, domestic violence, dating violence, or stalking, as defined in the Title IX Policy.

A.Scope

Freed-Hardeman University prohibits sex discrimination as defined under Title IX, unless an appropriate religious exemption applies. This Policy governs the conduct of students, faculty, and staff. The Policy applies to Freed-Hardeman University’s education programs and activities. This Policy covers any violation of Title IX that discriminates based on sex.

While Freed-Hardeman University is committed to the principles of free inquiry and expression, the discrimination, harassment, and sexual misconduct prohibited by this Policy are neither legally protected expression nor the proper exercise of academic freedom.

B. Statement of Values Related to Title IX

The preamble to Title IX of the Education Amendments of 1972 states that “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.” Freed-Hardeman University prohibits conduct as described in the preamble to Title IX, except for circumstances when a religious exemption applies and such conduct is inconsistent with and contrary to Freed-Hardeman University’s mission and core values. It is Freed-Hardeman University’s Policy not to discriminate based on sex as set forth in Title IX, unless an appropriate religious exemption applies. Freed-Hardeman University strictly prohibits retaliation as stated herein.

All violations of prohibited conduct under this Policy will result in discipline, including potential separation from the University. Some forms of prohibited conduct may also violate state and federal laws, and criminal prosecution may occur independently of any disciplinary action Freed-Hardeman University may impose. Freed-Hardeman University prohibits discrimination on the basis of sex in any of its educational or employment programs or activities, and Freed-Hardeman University will not tolerate discrimination or harassment because of sex, unless an appropriate religious exemption applies.

This Policy sets forth the process that Freed-Hardeman University will use to investigate and respond to reports of Prohibited Conduct or violations of this Policy or Title IX. Freed-Hardeman University will respond to reports of alleged violations with measures designed to eliminate the conduct, prevent its recurrence, and remedy any adverse side effect of the conduct of individuals, members of the University community, or related programs or activities. In addition, Freed-Hardeman University may implement interim measures before the conclusion of an investigation designed to provide the Complainant and/or Respondent with continued access to University programs and activities, and protect individual and campus safety.

C. Notice of Non-Discrimination

It is the Policy of Freed-Hardeman University to prohibit unlawful discrimination and harassment against any member of its community based on the individual’s sex. As a religious institution, Freed-Hardeman University retains the right to make employment, admission, and education decisions on the basis of its Christ-centered focus and interpretation of Scripture, consistent with its Community and Core Values.

D. Title IX Coordinator

The Title IX Coordinator (or Deputy Title IX Coordinator acting as the Title IX Coordinator’s Designee) is responsible for coordinating the University’s compliance with Title IX and related provisions of other applicable statutes, such as related provisions of the Clery Act as amended by the Violence Against Women Act (VAWA). The Title IX Coordinator oversees Freed-Hardeman University’s response to all reports of Prohibited Conduct to assure consistent application and implementation of this Policy and applicable state and federal laws. The responsibilities of the Title IX Coordinator include, but are not limited to:

• Assist Complainants in identifying the appropriate University policy or policies and procedures for resolution of the allegation in a prompt and equitable manner.

• Ensure overall Title IX compliance including review of applicable University policies to ensure institutional compliance with applicable state and federal laws.

• Oversee the Deputy Title IX Coordinators and other designees as appropriate.

• Serve as the central clearinghouse for all sexual harassment/sexual misconduct allegations that arise in the University community to assure consistent and equitable application and implementation of all policies.

• Coordinate education and prevention efforts including oversight of training for the University community regarding Title IX related provisions of the Clery Act (as amended by VAWA) and prohibited conduct defined in this Policy.

• Monitor the University’s administration of its own applicable policies, including record keeping, adherence to deadlines, and other procedural requirements.

• Respond to any report regarding conduct that may violate this Policy. The Title IX Coordinator oversees the investigation and resolution of such alleged misconduct, directs the provision of any remedial and protective measures, and monitors the administration of any request for an appeal.

• Ensure proper training of those charged with implementation of the Policy, including, but not limited to the Coordinator, Deputy Coordinator, Investigators, Decision Makers, and anyone who facilitates an informal resolution process.

• Implement any remedies effectively.

The Title IX Coordinator may delegate responsibilities under this Policy to designated administrators or external professionals who have appropriate training or experience.

The contact information for the Title IX Coordinator and Deputy Coordinators are listed in the following section under “Reporting Options.”

E.Reporting Options

Freed-Hardeman University identifies all non-confidential faculty, staff, students, and visitors as Mandatory Reporters (see Section F definition below). As such, Mandatory Reporters are expected to report potential violations to the Title IX Coordinator or Deputy Coordinators.

Anyone can make a report of an alleged violation as follows:

1. Option 1: A report may be made online using the Title IX Incident Report Form, which is available on the Title IX Resource Page on Freed-Hardeman University’s website. All reports are automatically forwarded to the Title IX Coordinator and Deputy Coordinators.

2. Option 2: A report may be made to one of the following individuals in person, by mail, by email, or by phone:

TJ Kirk, Title IX Coordinator for Students

Vice President of Student Services, 158 East Main Street, Box 711, Henderson, Tennessee 38340 | 731-989-6386 | TJkirk@fhu.bramblettgrp.com

Jay Satterfield, Title IX Coordinator and Investigator for Faculty and Staff

Director of Human Resources, 158 East Main Street, Henderson, Tennessee 38340 | 731-989-6769 | lhudson@fhu.bramblettgrp.com

When initiating either option, an individual does not need to know whether they wish to request any particular course of action or how to label what happened. Freed-Hardeman University will provide supportive measures to the Complainant and/or Respondent at no cost. After receiving a report, the Title IX Coordinator will promptly communicate with the Complainant to discuss supportive measures and explain the process for filing a formal complaint.

Title IX complaints under this Policy operate independently of and separate from any other applicable University policy or discipline or law enforcement investigation.

Emergency medical assistance and campus safety/law enforcement assistance are available both on and off campus. Individuals are encouraged to contact law enforcement and seek medical treatment as soon as possible following an incident that may pose a threat to safety or physical well-being or following a potential criminal offense.

To contact law enforcement:

• Freed-Hardeman University Safety and Security: (731) 989-6911

• Henderson Police Department: (731) 989-5404

To access on-campus medical treatment contact:

• Freed-Hardeman University Student Health Services

F.Definitions

For the purposes of this Policy the following terms are defined as:

1. Prohibited Conduct – refers to actions taken in violation of this Policy or Title IX.

2. Complainant – refers to an individual who is alleged to be the victim of Prohibited Conduct, regardless of whether the individual makes a report or seeks disciplinary action.

3. Respondent – refers to an individual who has been reported to be the perpetrator of Prohibited Conduct.

4.Witness – refers to an individual who may have information relevant to a report of Prohibited Conduct. A witness may be a student, staff member, faculty member, or a third party unaffiliated with Freed-Hardeman University.

5. Reasonable Person – refers to a reasonable person under similar circumstances and with similar identities to the individual.

6. Substantial Emotional Distress – refers to significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling or interfere with one’s normal daily activities and relationships.

7. Actual Knowledge – refers to knowledge of sexual harassment or allegations of sexual harassment on the part of any administrator or other official of the University who has authority to institute corrective measures, including the Title IX Coordinators.

8. Mandatory Reporters – refers to individuals who, upon having Actual Knowledge, as defined above, must report the sexual harassment or allegations of sexual harassment to the Title IX Coordinators or Deputy Title IX Coordinators.

G. Title IX Process

Certain guiding principles apply to the processing of a Title IX report or complaint of Prohibited Conduct under this Policy at Freed-Hardeman University.

1. Those members of the Freed-Hardeman University community who participate in the Title IX process will be free of any conflict of interest or bias. If a Complainant or Respondent believes the Title IX Coordinator, Investigator, Decision Maker, Advisor, or other member of the University community has a conflict of interest or bias, the Complainant or Respondent should report such to the Title IX Coordinator or one of the Deputy Coordinators. As soon as the potential conflict or bias becomes known, the Title IX Coordinator will make a determination on the validity of the alleged conflict of interest or bias. If the Title IX Coordinator determines the allegations of a conflict of interest or bias are valid, the Coordinator will take steps necessary to resolve the situation. In the event the Title IX Coordinator is alleged to have a conflict of interest or bias, one of the Deputy Coordinators will investigate the alleged conflict of interest or bias and, if appropriate, remediate the situation.

2. Will provide equitable treatment to the Complainant and Respondent.

Download the Title IX Complaint Form or a obtain paper copy in Student Services.

Title IX Complaint Form

Title IX Policy

Meet Our Staff

A man in a blue suit and patterned tie smiles at the camera against a plain gray background. He has short hair, a trimmed beard, and is wearing a light blue shirt.

TJ Kirk

Vice President for Student Services

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Jay Satterfield

Chief Investment Officer & Risk Manager/Lecturer in Business