Training Related To Sexual Harassment

(1) APSU 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 APSU’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) APSU will ensure that hearing officers receive training on any technology to be used at a live hearing. TITLE IX COMPLIANCE CHAPTER 0240-05-06 (4) APSU 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) APSU will ensure that investigators receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence. (6) APSU 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. Authority: T.C.A. §§ 49-8-101(a)(2)(A) and 49-8-203(a). Administrative History: Emergency rules filed November 20, 2020; effective through May 19, 2021. Emergency rules expired effective May 20, 2021, and the rules reverted to their previous statuses. New rules filed July 21, 2021; effective October 19, 2021. 0240-05-06.-16 EFFECT OF OTHER REQUIREMENTS. (1) APSU will not restrict any rights protected from government action by the First Amendment of the U.S. Constitution, deprive a person of any rights that would otherwise be protected from government action under the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution, or restrict any other rights guaranteed against government action by the U.S. Constitution or State of Tennessee Constitution.