Tenn. Comp. R. & Regs. 0240-07-06-.14 - INFORMAL RESOLUTION PROCESS

(1) MTSU will not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, waiver of the right to an investigation and adjudication of formal complaints of sexual harassment.

(2) MTSU will not require the parties to participate in an informal resolution process and may not offer an informal resolution process unless a formal complaint is filed. However, at any time prior to reaching a determination regarding responsibility, MTSU may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication, but only if MTSU:

(a) Provides to the parties a written notice disclosing the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;

(b) Any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;

(c) Obtains the parties' voluntary, written consent to the informal resolution process; and

(d) Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

(3) At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

(4) MTSU will ensure that an individual designated to facilitate an informal resolution process does not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. The intent of this provision is to provide protections analogous to, and no less protective than, the conflict of interest provisions of T.C.A. § 4-5-303.

(5) MTSU will require an informal resolution process to conclude within a reasonably prompt time frame.

Notes

Tenn. Comp. R. & Regs. 0240-07-06-.14

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 December 18, 2020; new effective date to have been April 27, 2021. Withdrawal of the stay filed February 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).