FISK’S COMMITMENT TO ADDRESSING SEXUAL MISCONDUCT
Fisk University is committed to encouraging and sustaining learning and living community that is free from harassment, violence, and prohibited discrimination. Consistent with this commitment and Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex/gender in any of the institution’s programs or activities, Fisk University has developed this comprehensive Sexual Misconduct Policy. Further, Fisk conducts extensive education and awareness programs with the goal of preventing and discouraging sexual violence and other forms of Sexual Misconduct.
If you feel you have been subjected to sexual misconduct or discrimination, you should seek assistance as soon as possible. Report an incident of sexual misconduct, or contact the Counseling Center and/or Campus Safety.
Sexual Misconduct Policy
Fisk has a comprehensive policy prohibiting sexual misconduct. This policy applies to students, faculty, staff, contractors and visitors in their interactions with students. Individuals do not need to determine whether or not an incident constitutes an act of sexual misconduct in order to report it.
Sexual Misconduct Defined
“Sexual Misconduct” includes all forms of sex or gender-based misconduct, harassment, sexual violence, sexual exploitation, relationship/domestic/dating violence, and stalking. A number of acts are encompassed within the definition of Sexual Misconduct including rape, sexual battery, sexual abuse, and sexual coercion. All acts of Sexual Misconduct are strictly prohibited at Fisk University.
Consent is something that is informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, express or implied, or when Coercion, intimidation, threats, or duress are used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person. There is no exception to the necessity to obtain another’s consent to engage in sexual activity, each time.
Consent will not be deemed present when there is no clear expression of consent given, verbal or nonverbal. Consent is not present in circumstances where the individual is unable to give it freely or voluntarily such as when a person is incapacitated as a result of alcohol or drug use, when they are passed out or less than fully conscious for any reason, isolated, confined, asleep or threatened
Intoxication and Consent
Intoxication is never a defense to Sexual Misconduct under this policy. When either the Complainant or the Respondent is alleged to have been under the influence of drugs or alcohol, whether consent existed is based on whether a reasonable person similarly situated to the Respondent, in the context in which the Sexual Misconduct occurred, would have known or should have known about the impact of the use of alcohol or drugs on another’s ability to give consent.
Reporting Sexual Misconduct on Campus
Fisk encourages all members of the University community to report violations of this policy to:
Mickey West, Title IX Coordinator
Reports involving Sexual Misconduct may be made at any time.
A report involving Sexual Misconduct may be made confidentially to those who serve in a professional role in which communications are privileged under Tennessee law and to those which Fisk has designated as confidential reporters consistent with Title IX. Those persons are:
Students should be aware that, with the exception of these confidential resources, all employees who become aware of conduct that might fall under this policy are expected to notify the Title IX Coordinator with the names of the parties involved and the details of the report. Students who serve in an ongoing peer-advising role (such as Resident Assistants) are also expected to share such reports with the Office of Student Conduct.
Reporting Sexual Misconduct to Law-Enforcement Agencies
If you are a victim of Sexual Misconduct, it is important that you contact the police immediately. If you believe you are in imminent harm you should contact 911. If you believe you are not in imminent harm, you should first contact the police at 615-862-8600 and report any crime.
Preserving evidence is critical for reports to the police and the University, and every attempt should be made to preserve any relevant evidence for the police and/or the University, including without limitation clothing, the scene, texts, voice messages, etc.
Resources for Victims of Sexual Misconduct
A victim may also report an incident of sexual misconduct to a community resource including the Matthew Walker Comprehensive Health Center, 615.327.9400; the Rape Crisis Center, 615.256.8526 (crisis line) or 615.259.9055; or a local hospital or health center.
Our program's goal is to reduce the incidence of sexual and relationship violence on campus by training participants to intervene in safe and creative ways, rather than standing aside as passive bystanders.
If you have any questions regarding this information, please contact any of these offices for more information:
Natara K. Garvin, M.A.
Dean of Student Engagement
Office of Student Engagement
Division of Enrollment Management
1000 17th Avenue North
Nashville, TN 37208