0240-09-08-.15
Retaliation
Cite as Tenn. Comp. R. & Regs. 0240-09-08-.15
(1)
Intimidation, threats, coercion, or discrimination, including charges against an individual for
code of conduct violations that do not involve sex discrimination or sexual harassment, but
arise out of the same facts or circumstances as a report or complaint of sex discrimination, or
a report or formal complaint of sexual harassment, for the purpose of interfering with any right
or privilege secured by Title IX or this rule, constitutes retaliation.
(2)
The exercise of rights protected under the First Amendment does not constitute retaliation.
(3)
Charging an individual with a code of conduct violation for making a materially false statement
in bad faith in the course of a grievance process does not constitute retaliation, provided,
however, that a determination regarding responsibility, alone, is not sufficient to conclude that
any party made a materially false statement in bad faith.
(4)
Complaints alleging retaliation may be filed with the Title IX Coordinator who will follow the
procedures and processes used for Title VII retaliation allegations.