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03:01:00 College and University Security Information Act
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Pursuant to the requirements of the College and University Security Information Act, Campus Security Act, and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) Northeast State Community College posts crime statistics and policies and procedures concerning security for review by students, potential students, employees, and the general public. This information is contained in the Annual Security Report published by October 1 of each year. The Annual Security Report includes statistics for the three previous years concerning reported crimes that occurred on campus, in off-campus buildings or property owned or controlled by Northeast State Community College, and on public property within or immediately adjacent to and accessible from the campus. This report also includes institutional policies concerning campus security, such as policies concerning sexual assault and other matters. The Annual Security Report may be viewed at www.NortheastState.edu/securityreport or at the Northeast State Police Department.
03:01:01 Discrimination and Harassment
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Sexual harassment and racial harassment have been held to constitute forms of discrimination prohibited by Title VI, Title VII of the Civil Rights Act of 1964, as amended and Title IX of the Educational Amendments of 1972. Other types of harassment are prohibited by applicable law.
Generally, sexual harassment may be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one of the following criteria is met:
- Submission to such conduct is made either explicitly or implicitly a term or condition of the individual’s employment or of the individual’s status in a program, course or activity;
- Submission to or rejection of such conduct by an individual is used as a basis for employment decisions, a criterion for evaluation, or a basis for academic or other decisions affecting such individual;
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational environment.
- Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurred.
Racial harassment is defined as harassment that affects a student’s status or performance by creating an intimidating, hostile or offensive working or educational environment. Harassment on the basis of race, color, or national origin includes offensive or demeaning treatment of an individual, where such treatment is based typically on prejudiced stereotypes of a group to which that individual may belong.
It includes, but is not limited to, objectionable epithets, threatened or actual physical harm or abuse, or other intimidating or insulting conduct directed against the individual because of his/her race, color, or national origin. Title VII requires employers to take prompt action to prevent bigots from expressing their opinions in a way that abuses or offends their coworkers.
Discrimination may occur by:
- Treating individuals less favorably because of their race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, disability, age (as applicable), status as a covered veteran, genetic information, or any other category protected by federal or state civil rights law; or,
- Having a policy or practice that has a disproportionately adverse impact on protected class members.
The information contained within this handbook summarizes discrimination and harassment policies established by TBR and Northeast State. For the complete policies, procedures and guidelines established by these institutions, please visit www.tbr.edu and www.NortheastState.edu. The Northeast State policy is 05:14:00, and the TBR Guideline is P-080.
Any student, applicant for employment or employee who believes he or she has been subjected to harassment or discrimination at the College shall present the charge to the designated EEO/AA/Title IX officer responsible for compliance with Title VII of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972. The Equity and Compliance Officer serves as the EEO/AA officer at Northeast State. All charges should be taken to his/her office in the Pierce Administration Building, Room P313, via email to complianceofficer@NortheastState.edu or by phone at 423.354.5255.
In Tennessee, hazing means any intentional or reckless act on or off the property of any higher education institution by one (1) student acting alone or with another, which is directed against any other student, that endangers the mental or physical health or safety of that student, or which induces or coerces a student to endanger such student’s mental or physical health or safety. Hazing does not include customary athletic events or similar contests or competition, and is limited to those actions taken and situations created in connection with initiation into or affiliations with any organization.
03:01:05 Inclement Weather
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Northeast State recommends that students use their own discretion in attending classes when snow and icy conditions exist. Information on the cancellation of classes or alternate schedules due to inclement weather is available from the local media and www.NortheastState.edu. Students are encouraged to subscribe to the Campus Alert RSS feeds by visiting the campus website. The system will alert students to class cancellations and alternate schedules due to inclement weather via text and/or email.
03:01:06 Search and Seizure
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Northeast State officials have the authority to conduct warrantless searches of persons and property in order to ensure compliance with school rules prohibiting contraband substances or items. Written authorization to implement a search of a student or his/her property will be made by either the Vice President for Student Affairs or the President, in that order, and should, if possible, be based upon a signed statement setting forth in detail the facts and underlying circumstances justifying the search.
In exceptional circumstances a search may be made and Northeast State personnel may proceed with the search without a written authorization. Such circumstances are limited to those where the basic violation of the College’s regulation on contraband can be said to be in imminent danger of disappearance, destruction, or removal.
When the student voluntarily consents to a search, no written authorization for the search is required. A voluntary consent in writing will be requested from the student. In all cases where a search is to be made of a student’s property, the student should be present for the search whenever possible.
Police or law enforcement officers employed by Northeast State have the authority to conduct warrantless searches on persons and property in accordance with applicable state laws.
In the event police or other law enforcement officials not employed by Northeast State, who request permission to search a student or his property, the College will notify the student of the request. All questions concerning this subject should be directed to the Vice President for Student Affairs or the President of Northeast State.
03:01:07 Sex Offender Information
The federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002 require that whenever a sex offender, as defined in T.C.A. 40-39-202, becomes employed or practices a vocation or is a student at an institution of higher education in the state of Tennessee, he or she must complete or update the Tennessee Bureau of Investigation (TBI) sexual offender registration/monitoring form which is submitted to TBI headquarters in Nashville in accordance with T.C.A. 40-39-203. A “sexual offense” means the commission of acts including but not limited to aggravate and statutory rape, sexual battery, sexual exploitation of a minor, aggravated prostitution, and kidnapping. Specific lists of criminal sex offenses can be found in T.C.A. 40-39-202.
State law designates certain information concerning a registered sexual offender as public information and therefore amends and supersedes the Family Educational Rights and Privacy Act (FERPA) and other federal and state laws that previously prohibited the disclosure of such personal information. Since the laws require the publication of information pertaining to sexual offenders employed, enrolled or volunteering at an educational institution, said publication does not constitute grounds for a grievance or complaint under institutional or Tennessee Board of Regents policies or procedures.
In compliance with the federal Campus Sex Crimes Prevention Act and the Tennessee College and University Campus Sex Crimes Prevention Act of 2002, members of the campus community may obtain the most recent information received from the Tennessee Bureau of Investigation (TBI) concerning sex offenders employed, enrolled or volunteering at this institution at the Northeast State Community College Police Department. Information is also available on the TBI’s web site listing of sex offenders located on the Internet at http://www.tbi.state.tn.us/sorint/SOMainpg.aspx.
03:01:08 Sexual Assault
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Northeast State Community College strives to maintain an environment that is free of intimidation and encourages education of students to their fullest extent. Therefore, the College will not tolerate acts or threats of acts of sexual assault, physical assault, or any type of violence.
A student who individually, or in concert with others, participates or attempts to participate in a sexual offense including, but not limited to sexual assaults or abuse, threats against, or the unwarranted touching of an intimate area, or any student, is subject to disciplinary action by the College notwithstanding any actions that may or may not be taken under applicable state criminal and civil laws.
Anyone who is a victim of sexual assault should contact the Northeast State Police Department or the College’s Title IX Coordinator. Reporting such an assault does not mean the victim must press charges or take the incident to criminal court. The reporting does establish a record of the incident for possible Timely Warning/Emergency Notification alerts to the campus community. In a case of sexual assault, the victim should make every effort to preserve evidence at the scene of the crime and compose an accurate description of the events leading up to, and during, the attack.
Assaults against a student by staff or faculty should be reported through the Northeast State Police Department to the Vice President for Administrative Services. Assaults against a student by a student should be reported through the Northeast State Police Department to the Vice President for Student Affairs. In either case, the assault should be reported immediately to the Northeast State Police Department.
Northeast State provides the following rights to individuals accused of sexual assault:
- The College disciplinary procedures include the right for the accused and the complainant to be present at any hearing.
- The right to have a support person present during the hearing. This person is not entitled to represent the complainant or to assist in the testimony.
- The right not to have evidence of his/her past sexual history with third parties admitted as evidence.
- The right to have a hearing closed to spectators unless both the accused and the complainant consent in writing to have the hearing open to the public.
- The right to know the outcome of the hearing as defined by the Family Educational Rights and Privacy Act.
- The discipline for acts of sexual assault may include suspension or dismissal from the College.
- If requested by victims of alleged sexual offenses, the College will adjust class schedules or other reasonable actions that will reduce fear or concern.
03:01:08:02 Assistance for Referrals
Students involved in sexual abuse or violent situations are encouraged to seek assistance for referral from Northeast State Police Department, Counseling Services, or Health Services personnel.
Students who are victims of sexual assault may need off-campus counseling and assistance. The following organization is located in the Northeast Tennessee area:
Crisis Center (Contact Concern 2-1-1)
Hotline - Dial 2-1-1 from a land line or 423.246.2273 from a cell phone.
E-mail - contactconcern@chartertn.net
Northeast State provides College-wide programs that focus on sexual abuse and assault situations. These programs focus on prevention strategies and available options in the event of assaults or difficult situations.
03:01:09 Emergency Procedures in the Event of Illness/Injury
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In the event of illness or injury to an employee, student, or visitor, the Northeast State Police Department should be contacted immediately. Police officers will manage all emergency situations involving illness or injury. Depending upon the nature and seriousness of the illness/injury, the Northeast State Police Department will contact an external agency that provides emergency medical care. If an external agency responds to a request from the campus and provides emergency medical care, the individual receiving the care is financially responsible for the cost of the medical service.
03:01:10 Hazardous Chemical Right-To-Know
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The Northeast State Community College Hazardous Chemical Right-To-Know Program is modeled after the Tennessee Hazardous Chemical Right-To-Know Act passed by the Tennessee General Assembly on May 23, 1985. The Tennessee Right-To-Know Law was enacted because of the expressed concern relative to the proliferation and variety of chemicals present in our society and their effect on the safety, health, and welfare of persons living and working in Tennessee.
The intent and purpose of Northeast State Community College’s Right-To-Know Program is to provide necessary information that will enable the college employees and students to become knowledgeable of the chemicals they work with and to which they may be exposed.
To obtain more information please go to the Environmental Health and Safety website located at http://apps.northeaststate.edu/documents/repository/Enviornmental%20Health%20and%20Safety/Plans%20and%20Manuals/Hazardous%20Chemical%20Right%20to%20Know%20Plan.pdf. Additionally, you can contact the Environmental Health and Safety Office at (423) 354.5224. Safety Data Sheets (SDS) may be obtained through your instructor or by contacting the Environmental Health and Safety Office.
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